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GRETCHEN WEATHERS BOND, Individually and as Representative of the Estate ofYVILLIAM MATTHEW BOND, Deceased, TIFFANY BOND, and ANTHONY BOND,
§ § § § § § § § §
§
CHRISTOPHER SPICER, NORTH §
TEXAS TOLLWAY AUTHORlTY §
f/kJa TEXAS TURNPIKE §
AUTHORITYI AUSTIN §
INDUSTRIES, INC. d/b/a TEXAS §
AUSTIN INDUSTRIES, INC., §
AUSTIN BRIDGE CO., AUSTIN §
INDUSTRIAL,1NC. AUSTIN §
COMMERCIAL, INC. flkla AUSTIN §
BRIDGE CO., AUSTIN BRIDGE & §
ROAD, AUSTIN INDUSTRIAL, §
INC., AUSTIN COMMERCIAL, §
INC., AUSTIN BRIDGE CO., §
AUSTIN BUlLDERS, INC., AUSTIN §
, BUILDING CO., AUSTIN §
MAINTENANCE AND §
CONSTRUCTION, INC., AUSTIN §
MAINTENANCE SERVICES, INC., §
CULLUM CONSTRUCTION CO., §
INC. alkla CULLUM PIPE §
SYSTEMS, INC., COLE WILLIAMS, §
INC., SOUTHWEST §
CONSTRUCTION CO., and HNTB §
CORPORATION f!k/a HOWARD, §
NEEDLES, TAMMEN & §
BERENDOFF,HNTB §
Plaintiffs,
v.
__ .. II..i..... ••• ,
DALLAS COUNTY, TEXAS
PLAINTIFFS' ORIGINAL PbTITION AND REQUEST FOR INITIAL DISCLOSURE - Page 1
Defendants.
§ § § §
__ JUDICIAL DISTRlCT
ARCIDTECTURE, INC. and HNTB FEDERAL SERVICES CORP.
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURES
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW Plaintiffs, Gretchen Weathers Bond, Individually and as
Representative of the Estate of William Matthew Bond .. Deceased, Tiffany Bond,
and Anthony Bond, hereinafter referred to individually by name or collectively as
"Plaintiffs," and file this their Original Petition and Requests for Initial Disclosure
complaining of Christopher Spicer, North Texas Tollway Authority fJk/a Texas
Turnpike Authority, Austin Industries, Inc. d/b/a Texas Austin Industries, Inc.,
Austin Bridge Co., Austin Industrial, Inc., Austin Commercial Inc. f/k/a Austin
Bridge Co., Austin Bridge & Road. Austin Industrial, Inc., Austin Commercial,
Inc., Austin Bridge Co., Austin Builders, Inc. Austin Building Co., Austin
Maintenance and Construction, Inc., Austin Maintenance Services, Inc., Cullum
Construction Co., Inc. aIkIa Cullum Pipe Systems, Inc., Cole Williams, Inc.,
Southwest Construction Co., and HNTB Corporation f/kla Howard, eedles,
Tammen & Berendoff, HNTB Architecture, Inc. and HNTB Federal Services
Corp., hereinafter refened to individually by name or collectively as
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL . DISCLOSURE - Page 2
"Defendants," and for cause of action would respectfully show the Court as
follows:'
I.
DISCOVERY CONTROL PLAN
Plaintiffs would affirmatively show that they seek monetary relief in excess
of$50,OOO.OO and therefore request that the Court enter a Discovery Control Plan
pursuant to Level 3 of the Texas Rules of Civil Procedure, Rule 190.3.
II.
PARTIES
1. Plaintiff Gretchen Weathers Bond resides at 4329 Knollview Drive,
Plano, Texas 75024.
2. Plaintiff Tiffany Bond resides at 4329 Knollview Drive, Plano, Texas
75024.
3. Plaintiff Anthony Bond resides at 4109 West Northgate, #821
Irving, TX 75062.
4. Defendant Christopher Spicer ("Spicer") is a resident of Collin
County, Texas, and may be served with process at his residence at 602 Twin
Creeks Drive, Allen, Texas 75013.
5. Defendant North Texas Tollway Authority (NTTA) f/k/a-Texas
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 3
TUTI1pike Authority (TTA) is a political subdivision of the State of Texas pursuant
to Chapter 366 of the Texas Transportation Code, having its principal office in
Plano, Texas. Service of process may be had on this Defendant by serving
Defendant's Executive Director, Allen Clemson, at 5900 West Plano Parkway,
Strite 100, Plano, Texas 75093.
6. Defendant Austin Industries, Inc. d/b/a Texas Austin Industries, Inc.,
Austin Bridge Co .. , Austin Industrial, Inc., Austin Commercial, Inc., and Austin
Bridge and Road, fIkIa Austin Bridge Co., is a foreign corporation duly formed
and existing under the laws of the State of Delaware. The Defendant has
registered, is duly authorized to transact business in the State of Texas, and may be
served with process by serving citation on its registered agent, Prentice-Hall
Corporation System, Inc., 800 Brazos Street, Ste. 750, Austin, Texas 78701.
7. Defendant Austin Bridge & Road, Inc., is a corporation duly fanned
and existing under the laws of the State of Texas. Service of process may be had
upon this Defendant by serving citation on its registered agent, Mr. Charles E.
Hardy, 3535 Travis Street, Suite 300, Dallas, Texas 75204.
8. Austin Industrial, Inc., is a corporation duly formed and existing
under the laws of the State of Texas. Service of process may be had upon this
Defendant by serving citation on its registered agent, 11r. Charles E. Hardy, 3535
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 4
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Travis Street, Suite 300, Dallas, Texas 75204.
9: Austin Commercial, Inc., is a corporation duly formed and existing
under the laws of the State ofT,exas. Service of process may be had upon this
Defendant by serving citation on its registered agent, Mr. Charles E. Hardy, 3535
Travis Street, Suite 300, Dallas, Texas 75204.
10. Austin Bridge Company, is a corporation duly formed and existing
under the laws of the State of Texas. Service of process may be had upon this
Defendant by serving citation on its registered agent, Mr. Charles E. Hardy ~535
Travis Street, Suite 300, Dallas, Texas 75204.
11. Austin Builders, Inc., is a foreign corporation duly formed and
existing under the laws of the State of Delaware. The Defendant has registered, is
dilly authorized to transact business in the State of Texas, and may be served with
process by serving citation on its registered agent Mr. Charles E. Hardy, 3535
Travis Street, Suite 300, Dallas, Texas 75204.
12. Austin Building Co. is a foreign corporation dilly formed and
existing under the laws of the State of Delaware. The Defendant has registered, is
duly authorized to transact business in the State of Texas, and may be served with
process by serving citation on its registered agent Mr. Charles E. Hardy, 3535
Travis Street, Suite 300, Dallas, Texas 75204.
PLAINTIFFS' ORlGINAL pBTITION AND REQUEST FOR INITIAL DISCLOSURE - Page 5
13. Austin Maintenance and Construction, Inc., is a foreign corporation
duly formed and existing under the laws of the State of Delaware. The Defendant
has registered, is duly authorized to transact business in the State of Texas, and
may be served with process by serving citation on its registered agent lYIr. Charles
E. Hardy, 3535 Travis Street, Suite 300, Dallas, Texas 75204.
14. Austin Maintenance Services; Inc., is a foreign corporation duly
formed and existing under the laws of the State ofDe1aware. The Defendant has
registered, is duly authorized to transact business in the State of Texas, and may be
served with process. by serving citation on its registered agent Mr. Charles E.
Hardy, 3535 Travis Street, Suite 300, Dallas, Texas 75204.
15. Defendant Cullum Construction Co., Inc., alkla Cullum Pipe
Systems, Inc., is a corporation doing business in the State of Texas. Service of
process may be had upon this Defendant by serving citation on its registered agent,
Mr. G. Mark Cullum, 2814 Industrial Lane, Garland, Texas 75041.
16. Defendant Cole Williams, Inc., is a corporation doing business in the
State of Texas. Service of process may be had upon this Defendant by serving
citation on its registered agent, James R. Williams, 6402 Mimosa Ln, Dallas,
Texas 75230.
17. Defendant Southwest Construction Co. is a corporation doing
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 6
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business in the State of Texas. Service of process may be had upon this Defendant
by serving citation on its registered agent, J.W. Rogers, 5801 Trowbridge, El Paso,
Texas 79925.
18. Defendant HNTB Corporation f/k/a Howard, Needles, Tammen &
Berendoff (I-fNTB) is a foreign corporation duly formed and existing under the
laws of the State of Missouri. The Defendant has registered, is duly authorized to
transact business in the State of Texas, and may be served with process by serving
citation on its registered agent, CT Corporation System, 350 N. St. Paul Street,
Dallas, Texas 75201.
19. Defendant HNTB Architecture Inc., is a wholly owned subsidiary of
HNTB Corporation flkIa Howard, Needles, Tammen & Berendoff, with its
principal office located at 715 Kirk Dr., Kansas City, MO, 64105. Defendant at all
times material to this action has engaged in business in Texas, as more particularly
described below. Defendant does not maintain a place of regular business in
Texas and has no designated agent on whom service of citation may be made. The
causes of action asserted arose from or are connected with purposeful acts
committed by the Defendant in Texas because Defendant entered into a contract
providing design and construction services related to the North Dallas Tollway for
the North Texas Tollway Authority. Accordingly, Defendant may be cited by
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 7
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serving the 'Secretary of State of Texas provided that the citation and Petition are
forwarded to Defendants's home office address listed above, certified mail, return
receipt requested.
20. Defendant HNTB Federal Services Corp., is a wholly owned
subsidiary ofHNTB Corporation fIkIa Howard, Needles) Tammen & Berendoff ,
with its principal office located at 120 W. 12th Street, 12 Wyandotte Plaza, Kansas
City, MO, 64105. Defendant at all times material to this action has engaged in
business in Texas, as more particularly described below. Defendant does not
maintain a place of regular business in Texas and has no designated agent on
whom service of citation may be made. The causes of action asserted arose from
or are connected with purposeful acts committed by the Defendant in Texas
because Defendant entered into a contract providing design and construction
services related to the North Dallas Tollway for the North Texas Tollway
Authority. Accordingly, Defendant may be cited by serving the Secretary of State
of Texas provided that the citation and Petition are forwarded to Defendants's
home office address listed above, certified mail, return receipt requested.
III.
JURISDICTION AND VENUE
Jurisdiction is proper because the amount in controversy exceeds the
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 8
minirnumjurisdictionallimits of this Court. Venue is proper in Dallas County,
Texas, because all or a substantial part of the events or omissions giving rise to the
claims occurred within Dallas Coun-ty, Texas. In addition, the claim arises from
the condition or use of real property located in Dallas County. Therefore, venue
of this action is proper in Dallas County) Texas.
IV.
INCIDENT lVIAD BASIS OF SUIT AND GENERAL STATEMENT OF FACTS
1.. On December 20, 2007, Mr. William Bond was killed while a
passenger in a 2006 Chrysler PT Cruiser driven by his brother, Mr. Anthony Bond,
while traveling north on the North Dallas Tollway near Walnut Hill Lane in Dallas
County, Texas. At the time of the incident Defendant Christopher Spicer
("Spicer"), who was traveling south on the North Dallas Tollway in a 2004
Chevrolet Avalanche, lost control of his vehicle and struck the center concrete
median. The median was constructed, installed, and maintained by the North
Texas Tollway Authority and HNTB Corporation. A large chunk broke off the
median and flew through the front windshield of the PT Cruiser. The large
concrete chunk struck William Bond, resulting in severe head injuries and William
Bond's death.
2. At all times material, all of the agents, servants, and employees of the
PLAINTIFFS' ORIGINAL PETITION }\ND REQUEST FOR INITIAL DISCLOSURE - Page 9
tjlll4l)902.wpd
North Texas Tollway Authority, formerly the Texas Turnpike Authority
("NTTA/TTA") who were in any way connected with the incident that is the basis
of Plaintiffs' suit were acting in the .course and scope of their employment and/or
pursuant to their official duties and in furtherance of the duties of their office or
employment.
3. Defendant Spicer should be held to answer in a court of law for the
occurrence described above, based on his negligent operation of a motor vehicle
resulting in an impact with the center concrete median, as more fully described
below. Defendant Spicer's negligence, together with the negligence of each
Defendant, set into motion a chain of events that resulted in catastrophic injuries
to Plaintiffs, and more specifically, the tragic premature and wrongful death of
William Bond.
4. The NTTAJTTA should be held to answer in a court of law for the
occurrence described above because it was negligent in failing to replace andlor
inadequately maintain or upgrade the center concrete median, as more specifically
described below. Accordingly, the claims stated herein arise from the condition or
use of real property such that sovereign immunity is waived under the Texas Tort
Claims Act or, in the alternative, the claims arise from discretionary activities,
negligent implementation of policies or negligent maintenance of the center
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 10
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concrete median. Based on the foregoing, Defendant NTT A/TT A may not claim
sovereign irnmuni ty.
5.. Plaintiffs had no knowledge of the dangerous condition, defect andlor
special defect-relating to the design, construction, and maintenance of the concrete
median, as more specifically described below. Plaintiffs were injured by a
condition or use of tangible personal or real property and injuries caused by a
special defect Defendants breached a duty owed to Plaintiffs to use ordinary care
to protect Plaintiffs from a dangerous condition of which Defendants were or
reasonably should have been aware, failed to warn of such dangerous condition,
failed to use ordinary care to make reasonably safe a dangerous condition, or in
the alternative, failed to avoid injuring Plaintiffs through 'Willful, wanton, or
grossly negligent conduct
6. JINTB Corporation, formerly known as Howard, Needles, Tammen &
Berendoff, HNTB Architecture, Inc. and HNTB Federal Services (hereinafter
referred to individually by name or as "the HNTB Defendants") were responsible
for the inadequate and faulty architectural design, engineering and construction
sequence of the center concrete median. Specifically, the concrete median
fragmented upon impact causing a piece of concrete to penetrate the windshield of
the vehicle in which William Bond was riding, causing his death. The HNTB
PLAINTIFFS' ORlGTNAL PETITION AND REQUEST FOR lNITIAL DISCLOSURE - Page 11
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defendants further failed to provide a time line or suggest upgrade and/or
replacement dates or maintenance standards relating to the center concrete median.
7. Defendants Austin Industries, Inc. d/b/a Texas Austin Industries, Inc.
Austin Bridge Co., Austin Industrial, Inc. and Austin Commercial Inc. fIkIa Austin
Bridge Co., Austin Bridge & Road, Austin.Industrial , Inc., Austin Commercial,
Inc., Austin Bridge Co., Austin Builders, Inc., Austin Building Co., Austin
Maintenance and Construction, Inc., Austin Maintenance Services,
Inc. (hereinafter referred to individually by name or as "the Austin Defendants"),
Cullum Construction Company, Inc. ("Cullum"), Cole Williams, Inc. ("Williams")
and Southwest Construction Co. ("Southwest") were the original contractors and
engineers on the original construction of the North Dallas Tollway project
pursuant to written agreement with NTTAITTA. The contractors were hired by
the NIT AlIT A to perform "grading, drainage, structures and street paving"
pursuant to a contract for services and/or construction contract. These Defendants
were negligent in constructing, designing and failing to provide adequate
information for the future upkeep and maintenance of the median. All of which
singularly and in combination was a proximate cause of William Bond's death.
8. All of the Defendants had actual or constructive knowledge of the
inadequate design, construction, and/or, more specifically as time passed, prior
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 12
occasions in which the center concrete median fractured sending concrete pieces
into the 'roadway, and/or of its propensity to fragment creating a danger for drivers
on the North Dallas Tollway. In this regard, the concrete median had been
"patched" numerous times prior to the death of William Bond, and was never
upgraded to meet the modem quality and safety standards of other sections of the
concrete median adopted by the NIT A/TT A in more recent years.
9. Plaintiffs have fully complied with notice requirements under Texas
law. Pleading in the alternative, Defendant has not been prejudiced by any alleged
failure of Plaintiffs to comply with notice requirements, and Defendant has had at
all relevant times actual andlor constructive notice of Plaintiffs' claims.
v.
CAUSE OF ACTION AGAINST CHRISTOPHER SPICER
1. Plaintiff would show the Court that Defendant Spicer violated various
local ordinances and statutes, and that the negligent acts and omissions of this
Defendant, as set out herein, separately and collectively, were a direct and
proximate cause of the incident in question and the resulting injuries and damages
sustained by Plaintiffs. The violations of local and state traffic laws constitute
negligence per se. Said violations, negligent acts and omissions by Defendant are,
among others, as follows:
PLAINTIFFS' ORIGINAL pETITION Ai'ID REQUEST FOR INITIAL DISCLOSURE - Page 13
A. The Defendant failed to keep a proper lookout.
B'. The Defendant's vehicle was driven at a greater rate of speed than the
speed at which a reasonably prudent person would have driven under
the same or similar circumstances in violation of local ordinances and
Texas Transportation Code § 545.351.
C. The Defendant failed to apply the brakes of Defendant's vehicle
immediately prior to the collision in question.
D. The Defendant failed to timely apply the brakes on Defendant's
vehicle immediately prior to the collision in question.
E. The Defendant failed to apply the brakes on Defendant's vehicle with
sufficient force immediately prior to the collision in question.
F. The Defendant failed to bring his vehicle to a stop as required by
traffic conditions that faced Defendant, in violation of various local
traffic ordinances and the laws of the State of Texas.
G. The Defendant drove Defendant's vehicle at the time and on the
occasion in question with willful or wanton disregard for the safety of
others, in violation of the laws of the State of Texas, including Texas
Transportation Code, §545.401.
H. Defendant failed to keep a proper distance between his vehicle and
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 14
the vehicle in front of him in keeping with the laws of the State of
Texas,
2. The negligent acts and/or omissions of Defendant Spicer as outlined
above, singularly and in combination, were a proximate cause of the incident in
question and the resulting death of William Anthony Bond as well as the damages
sustained by Gretchen Weathers Bond, the Estate of William Bond. Tiffany Bond,
and Anthony Bond.
VI.
CAUSE OF ACTION AGAINST NTTAITTA
1. At all times pertinent, the HNTB Defendants, as well as Defendants
Austin, Cullum, Williams and Southwest (hereinafter referred to as previously
indicated, or as the "Corporate Defendants"), were agents of the NTTAiTTA, for
the purpose of the original design, engineering, and construction of the North
Dallas Tollway, and in particular the center concrete median. Their acts and/or
omissions stated herein generally, and as outlined below, were acts and omissions
committed within the scope of the authority given to it by the NTTAlTTA .. In the
alternative, to the extent that the Corporate Defendants' acts and/or omissions fell
outside the scope of its authority, which Plaintiffs deny, such acts and omissions
were ratified by the NTTAITTA.
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2. Furthermore, Defendant NTTAlTTl\. was negligent in maintaining the
center concrete median in an ineffective and unsafe means so as to increase the
likelihood of the median to fragment, thereby creating a hazardous condition on
the North DallasTollway; following an unsafe replacement schedule for the center
me di an- thereby increasing the likelihood of the median failing.
3, With respect to the NTT NITA, the negligence in question was
committed by the employees and agents of the TTAITTA, including those of the
Corporate Defendants named herein, and resulted in a condition or use of tangible
personal OT real property which proximately caused the injuries to Plaintiffs.
4. The negligent acts and/or omissions of the NTTAlTTA, as outlined
herein, were a proximate cause of the incident in question including the tragic
death of William Matthew Bond and the damages sustained by Gretchen Weathers
Bond, the Estate of William Matthew Bond, Deceased, Tiffany Bond and Anthony
BoneL
VII.
NEGLIGENCE OF THE BNTB DEFENDANTS
1. The I-INTB Defendants negligently, pursuant to a contract with the
NTT A/TTA, provided for complete and comprehensive engineering, design and
manufacturing services in connection with the section of the tollway at issue.
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 16
Further, these Defendants negligently designed the sequence of construction that
included the median, and not only failed to design the median to withstand impacts
at the appropriate velocity, but also failed to provide the NTTAJIT A witb
maintenance standards and/or suggestions for replacement of the median in the
long term. The HNTB Defendants also failed to warn of the brittle nature ofthe
median and the propensity for the median to fragment upon impact. These
Defendants were responsible for reviewing and approving construction drawings
of the contractors working on the tollway, as more fully discussed below,
including the construction drawings of the NTTAITTA.
2. These Defendants were charged with the responsibility of
coordinating the work of the contractors and other entities working on the North
Dallas Tollway and manufacturing the center concrete median. Moreover, these
Defendants directly represented the NTTA/TTA in supervising the section
engineer's design. While participating in the design, construction and placement
of the center concrete median, the HNTB Defendants failed to insure that the
median was adequately constructed for the safety of the driving public. These
Defendants, along with the NTTA/TTA and the contractors, as more fully
described below, were responsible for the construction of the tollway in its entirety
and failed to insure that the appropriate provisions were made for an adequately
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 17
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constructed median.
3: Further, the Defendants failed to ensure that the center median was
maintained in a safe condition both during the initial construction and thereafter.
vm.
NEGLIGENT CONSTRUCTION OF CENTER CONCRETE MEDIAN
1. The HNTB Defendants were negligent in the particulars set out in
paragraph VII above. Further, the HNTB Defendants and Defendants Austin,
Cullum, Williams, Southwest and NTIAITTA, were negligent in coordinating
phases of construction, which resulted in a hazardous and dangerous condition for
the driving public.
2. These acts, singularly and in conjunction with the other acts set out as
to each Defendant above and hereafter -were the proximate cause of the collision
and the injuries and damages to Plaintiffs. With respect to the NTT AlTT A, the
negligence in question was committed by employees of the NITAJTTA, and
resulted in a condition or use of tangible personal or real property which
proximately caused the injuries to Plaintiffs.
IX.
JOINT VENTURE OF DEFE:L\1J)ANTS
1. The HNTB Defendants together with the NITA/ITA, Austin,
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Cullum, Williams and Southwest were engaged in a joint venture and/or ajoint
enterprise withrespect to the design and construction of the North Dallas Tollway,
including the center concrete median. The contract documents among the
Defendants demonstrate that they shared a community of interest and common
business purpose in the venture, namely, the construction and the eventual
operation of the North Dallas Tollway.
2. Each Defendant had reserved to it a right of control over the venture.
It was part of the venture for the Defendants to share in the profits - or benefits -
of the venture. Each of the Defendants were agents for the others in regard to
work connected to the venture; and the agents of each of the Defendants were
agents of the other venturers for the purpose of work performed in connection with
the venture within the scope of the agent's authority.
x.
RA TIFICATION OF DEFENDANTS' ACTS
In the alternative, the negligent acts and omissions of the I-INTB
Defendants, the Austin Defendants, Cullum, Williams and Southwest were ratified
by the NTTAITTA. This ratification is evidenced by, among other things, the
express approval of the design and construction of the North Dallas Tollway,
including the design and construction of the center concrete median. With respect
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to the NTTAITTA, the negligent acts and/or omissions were ratified by employees
of the NTTAJTTA and resulted ill a condition or use of tangible personal or real
property which proximately caused the injuries to Plaintiffs.
XI.
CONDITIO .AND/OR USE OF TANGmLE PERSONAL AND/OR REAL PROPERTY
The NTTAlTTA, by and through its respective agents representatives and
employees proximately caused injury to the Plaintiffs by the negligence, wrongfuJ
acts and omissions of its employees and/or by the condition andlor use of tangible
personal and/or real property, as set forth above. The design and construction of
the North Dallas Tollway, and in particular the center concrete median, failed to
meet design standards and contained defects with respect to the traffic it was
intended to control, creating a hazardous condition. Plaintiffs have provided
notice to the NTTA in accordance with the notice of provisions of the Texas Tort
Claims Act, Tex. Civ. Prac. & Rem. Code § 101.101.
XII.
NEGLIGENT SUPERVISION OF DE IGN AND EXECUTION
The HNTB Defendants were negligent in the particulars specified in
paragraph VII. Further, the NTTAJTTA, the Austin Defendants, Cullum, Williams
and Southwest, in conjunction with the HNTB Defendants, were each negligent in
PLAINTIFFS' ORlGINAL PETITION AND REQUEST FOR' INITIAL DISCLOSURE - Page 20
their supervision of the design and execution of the North Dallas Tollway, and in
particular the center concrete median. With respect to the NTT NTTA, the
negligence in question was committed by employees of NTT AlTTA, and resulted
in a condition or use of tangible personal or real property that proximately caused
the injuries to Plaintiffs.
XIII.
FAILURE TO REPORT COLLISIONS AND UN AFE CONDITION
1. The HNTB Defendants were negligent in the particulars specified in
. paragraph VII. Further, Defendants NIT NTT A, the Austin Defendants, Cullum,
Williams and Southwest, in conjunction with the liNTS Defendants, were each
negligent in failing to report to one another prior instances of fracturing and/or
fragmenting of the center concrete median, or the brittle nature of same, that
occurred on the North Dallas Tollway, both during construction of the Tollway
and thereafter.
2. Plaintiff alleges that the NTTAITTA and the HNTB Defendants acted
with fraud and/or malice. In particular Defendants knew that the center concrete
median was dangerous, had a propensity to fragment upon impact, and deliberately
decided to continue using the concrete median. Defendants were aware of
. I
superior designs and failed to upgrade the center concrete median to meet the same
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standards of other sections of the median on the North Dallas Tollway.
Defendants were aware of other instances in which the concrete median' fractured
sending debris into the roadway creating a hazard for drivers, Therefore, Plaintiffs
are entitled to an award of exemplary damages against Defendants.
XIV.
WRONGFUL DEATH AND SURVIVAL ACTION
'This action is a wrongful death and survival action for all beneficiaries
entitled to recover for the death of Plaintiffs , Decedent William Bond under the
provisions of Texas Civil Practice & Remedies Code 71.002 and 71.021.
Plaintiffs are necessary and proper parties to maintain this wrongful death action
and are the surviving legal beneficiaries of the Decedent provided for in the
Wrongful Death Act.
xv.
DAlVIAGES FOR THE ESTATE OF WlLLIAM MATTHEW BOND
1. The heirs of William Matthew Bond bring a survival cause of action
against the Defendants to recover damages for the benefit of William Matthew
Bond's estate. Decedent's heirs bring this cause of action pursuant to the Texas
Survival Statute that is codified in Chapter 71.021 of the Texas Civil Practice and
Remedies Code, As a direct and a proximate cause of the Defendants,' negligence,
PLAINTIFFS' ORlGINAL PETITION AL'ID REQUEST FOR JNITIAL DISCLOSURE - Page 22
William Matthew Bond's estate has suffered the following injuries and damages:
A'. Medical expenses;
B. Physical pain and suffering;
C. Mental anguish
D. Funeral and burial expenses.
As a result of the above, Plaintiffs seek damages in excess of the
jurisdictional limits of the Court.
XVI.
DAMAGES FOR PLAINTIFF GRETCHEN WEATHERS BOND
1. As a result of the acts and/or omissions of Defendants resulting in the
death ofWilliarn Matthew Bond, Plaintiffhas suffered a pecuniary loss in the past
and will continue to suffer a pecuniary loss in the future, as well as loss of William
Matthew Bond's society affection, comfort, love and assistance.
2. As a result of the acts and/or omissions of Defendants resulting in the
death of William Matthew Bond, Plaintiff has suffered extreme mental anguish in
the past and will continue to do so in the future.
3. As a result of the acts and/or omissions of Defendants resulting in the
death of William Matthew Bond, Plaintiff has been deprived of the love:
companionship, affection, consortium and familial relationship of William
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Matthew Bond. For these losses, Plaintiff claims damages from the time of the
incidentmade the basis of this lawsuit until the time of trial and, from the time of
trial forward, those damages which in all reasonable probability she will suffer in
the future.
4. Plaintiffhas been deprived of me wages and other economic benefits
which William Matthew Bond would have received over the remainder of his life.
Plaintiff claims damages in the amount of the wages and economic benefits that
William Matthew Bond would have in all reasonable probability received in the
future, but for his wrongful death.
XVII.
DAMA_GES FOR PLAINTIFF TIFFANY BOND
1. As a result of the wrongful acts and/or omissions, neglect,
carelessness, unskillfulness or default of Defendants and their employees, agents,
representatives and servants, which caused her father's death, Plaintiff Tiffany
Bond has suffered mental anguish in the past, and in reasonably probability will
sustain mental anguish in the future.
2. Plaintiff, Tiffany Bond, has suffered the loss of her father's
companionship and society in the past as a result of her father's death, and in
reasonable probability will suffer from the loss of her father s companionship and
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 24
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society in the future.
3.' Plaintiff Tiffany Bond has suffered a pecuniary loss as a result of
this incident, including, but not limited to the loss of care, maintenance, support,
services, advice, counsel and reasonable contributions of a pecuniary value. In
reasonable probability, such pecuniary loss will continue in the future.
4. Plaintiff, Tiffany Bond has sustained a loss of inheritance as a result
of this incident, caused by the loss of assets which, in reasonably probability,
William Matthew Bond would have added to the estate existing at the end of his
natural life.
XVITI.
DAMAGES FOR PLAINTIFF Al~THONY BOND
As a direct and proximate result of Defendants , negligence, as described
above, Plaintiff Anthony Bond has suffered severe mental pain and suffering since
he was present in the car at the time of his brother's injury and perceived his
brother'S injuries. In particular, Plaintiff Anthony Bond will show that
immediately after the occurrence made the basis of this suit, he began to
experience extreme nervousness, distractibility, weight loss, and difficulty in
sleeping. He has incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of ills injuries as a result of
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 25
contemporaneously perceiving this event and his brother's injuries.
XIX.
CLAIM FOR PRE-JUDGlVIENT AND PO T -JUDGMENT INTEREST
Plaintiffs herein claim interest in accordance with the Texas Finance Code
Section 304.001 et seq. and all other applicable Texas law.
xx.
REQDE T FOR JURy TRIAL
Plaintiffs hereby request that a jury of their peers be impaneled to hear and
decide the issues presented in this case.
XXI.
REQUEST FOR INITIAL DISCLOSURES
Pursuant to Rule 194, Texas Rules of Civil Procedure, Defendants are
requested to disclose to Plaintiffs, within 50 days of service of this request, the
information or material described in Rule 194.2 to be produced at The Turley Law
Finn, 1000 Turley Law Center, 6440 North Central Expressway, Dallas, Texas
75206, during normal business hours.
Plaintiffs pray that Defendants be cited to appear and answer herein and
upon fmal hearing of this cause, Plaintiffs have judgment against Defendants for
damages described herein, for costs of suit, pre-judgment and post judgment
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FORINITLU DISCLOSURE - Page 26
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interest permitted by law, and for such other relief to which Plaintiffs may be
justly entitled.
PRAYER
WHEREFORE Plaintiffs, Gretchen Weathers Bond, Individually and as
Representative of the Estate of William Matthew Bond. Deceased, Tiffany Bond,
and Anthony Bond, pray that the Defendants be cited in terms of law to appear and
answer herein and that upon final hearing Plaintiffs have and recover from the
Defendants, jointly and severally, for an amount within the jurisdictional limits of
this Court, pre-judgment and post-judgment interest, costs of court, and such other
and further relief, in law and/or in equity, to which Plaintiffs may show themselves
justly entitled, whether pled for or not.
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 27
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Respectfully submitted,
TURLEY LAW FIRM
David A. Tijerina
State Bar No. 00791796
6440 North Central Expressway 1000 Turley Law Center
Dallas, Texas 75206
Telephone No. 214/691-4025 Telecopier No. 214/361-5802
ATTORNEYS FOR PLAINTIFFS
,
PLAINTIFFS ORlGlNAL PETITION AND REQUEST FOR INITIAL DISCLOSURE - Page 28