CAUSE NO. __________
STYLE OF CASE GOES HERE
PLAINTIFFS ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, X; Y; and Z; hereinafter referred to as “Plaintiffs,” and as of the file marked date files this Plaintiffs’ Original Petition complaining of BAD DRIVER, hereinafter referred to as “Defendant,” and for cause of action would respectfully show the court the following:
DISCOVERY CONTROL PLAN
1.00 Pursuant to Texas Rule of Procedure 190.1 discovery is intended to be conducted under level 2 of Rule 190.4 of the Texas Rules of Civil Procedure.
2.00 Plaintiff, X, is a resident of the State of Texas. X is an individual residing in ECTOR County, Texas and may be contacted through her undersigned attorney. The last four numbers of her social security number are 0000.
2.01 Plaintiff, Y, is a resident of the State of Texas. Y is an individual residing in ECTOR County, Texas and may be contacted through his undersigned attorney. The last four numbers of his social security number are 0000.
2.02 Plaintiff, Z, is a resident of the State of Texas. Z is an individual residing in ECTOR County, Texas and may be contacted through her undersigned attorney. The last four numbers of her social security number are 0000.
2.03 Upon information and belief, Defendant, BAD DRIVER is an individual and a resident of the State of Texas who may be served with process at the following address: 1st Bad Driver Street, Lubbock TX 79423.
JURSIDICTION AND VENUE
3.00 Plaintiffs will show that Defendant negligently operated her motor vehicle causing great damage to Plaintiffs. The amount in controversy is more than $100,000.00 and is within the jurisdictional limits of this court.
3.01 Plaintiffs seeks monetary relief over $200,000.00 but not more than $1,000,000.00.
3.02 Plaintiffs demand judgment for all relief to which plaintiffs deem themselves entitled and to which the Jury deems the Plaintiffs are entitled to receive.
3.03 The Court has personal jurisdiction over Defendant because she is a resident of the State of Texas, and subject matter jurisdiction of this action arises under the common law of the State of Texas.
3.04 ECTOR County, is the proper venue for this action pursuant to the Texas Practice and Remedies Code, §15.002(a)(1), et seq., because all or a substantial part of the events or omissions giving rise to this lawsuit occurred in Ector County, Texas. And upon information the Defendant resides in Ector County, Texas.
STATEMENT OF FACTS
4.00 Plaintiffs bring this cause of action to recover damages sustained as a direct and proximate result of Defendants negligent operation of a motor vehicle, on or about 01/01/2010 in Ector County, Texas at or about the intersection of X and Y. Defendant was driving a Mustang. Plaintiffs have timely asserted their claim pursuant to the Texas Civil Practice & Remedies Code, §16.003.
4.01 On 01/01/2010 at approximately 0900 (24HRMM) Defendant was operating a motor vehicle. State the facts as to the accident.
PLAINTIFFS CLAIM OF NEGLIGENCE AGAINST DEFENDANT
5.00 Plaintiffs allege and incorporate by reference the preceding paragraph the same as if set forth herein verbatim. Defendants above mentioned actions and/or omissions constituted negligence, and the negligent conduct was a direct and proximate cause of the accident and injuries made the basis of this lawsuit.
5.01 The Defendants negligent actions or omissions include, but are not limited to, one or more of the following:
a. Defendant failed to yield the-right-of-way;
b. Defendant failed to control her speed;
c. Defendant failed to be attentive and keep a proper lookout for traffic conditions ahead;
d. Defendant failed to maintain a safe and assured clear distance;
e. Defendant failed to timely apply her brakes to avoid collision; and,
f. Defendant failed to operate her vehicle in a safe and lawful manner.
5.02 Defendant had a duty to exercise the degree of care that a reasonably prudent person would use to avoid harm to others under circumstances similar to those described above. Defendant breached this duty.
5.03 Plaintiffs injuries were directly and proximately caused by Defendants negligent, careless, and reckless disregard of said duty.
5.04 Plaintiffs will show that all of the above foregoing acts and/or omissions, constitute negligence that directly and proximately caused the occurrence and Plaintiffs injuries and damages.
6.00 As a direct and proximate result of the negligent acts and/or omissions of Defendant, Plaintiffs have suffered damages for which Plaintiffs seek recovery from defendant. X, Y, and Z seek the following damages:
a. Past medical expenses;
b. Past physical pain and suffering;
c. Past physical impairment;
d. Past mental anguish and suffering;
e. Past lost wages and loss of consortium;
f. Future medical expenses;
g. Future physical pain and suffering;
h. Future physical impairment;
i. Future mental anguish and suffering; and,
j. Future lost wages and future loss of consortium .
7.00 The negligence and carelessness of Defendant directly and proximately caused the collision made the basis of this lawsuit, and the injuries and damages to plaintiffs complained of herein.
REQUEST FOR A JURY TRIAL
7.01 Contemporaneous with the filing herewith, Plaintiffs have paid a jury fee and make a demand that the case be brought before the jury for a trial on all matters.
8.00 WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that Defendant be cited to appear and answer herein, and that upon final trial and hearing hereof, Plaintiffs recover a judgment over and against Defendant for the damages as pled herein, based upon the evidence, in the amounts the jury determines to be fair and reasonable, and for such other and further relief, at law and in equity, to which the Plaintiffs may show themselves justly entitled.
Petitioner prays for general relief.
The Witt Law Firm
Lubbock, TX 79401
Tel: (817) 505-3276
Fax: (806) 722-2553