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CAUSE Nofll f00D d-

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

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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

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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

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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

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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

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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

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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,

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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

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