CAUSE NO.

______________________________

____________________________________
____________________________________
____________________________________ IN THE DISTRICT COURT

V.

____________________________________ _________ JUDICIAL DISTRICT

____________________________________
____________________________________
____________________________________ DALLAS COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, _______________________________________________, (“Plaintiffs”)

in the above-styled and numbered cause, and files this Original Petition, complaining of

________________________________________, (“Defendant”) and for cause of action would

respectfully show the Court as follows:

I. SELECTION OF DISCOVERY LEVEL

Plaintiffs intend to conduct discovery under Level 2 of the Texas Rules of Civil

Procedure and seeks monetary relief over _______________ but not more than _____________.

II. PARTIES

Plaintiffs, _____________________________ are individuals who reside at

_______________________________________________.

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File No. 2017-00536
 Defendant, ___________________________, is a company and may be served with

Citation by serving ________________, its Registered Agent, __________________________,

or wherever else he may be found.

III. JURISDICTION & VENUE

This Court has jurisdiction over the amount in controversy and has jurisdiction over the

Defendant.

Venue is proper in Dallas County, Texas because Defendant is a Texas resident, the

events giving rise to this cause of action occurred in that county, and Defendant’s principle office

is in this state. TEX. CIV. PRAC. REM, CODE § 15.002.

IV. FACTS

Evans was in the business of preparing sites for construction. As part of that operation, it

leased a caliche pit in Dallas County. Anthony Brinker worked for a trucking company that

hauled caliche from the pit to the sites being prepared. The accident at bar occurred as he

attempted to leave the pit with a full load. Egress from the area involved driving on a dirt and

gravel road adjacent to the hole. The road was allegedly wide enough to allow two vehicles to

pass each other. Furthermore, Evans had spaced multi-ton boulders between its edge and the pit

to act as barriers. On the day of the accident, Anthony Brinker, who was familiar with the area,

had acquired his load and began to leave. After negotiating a ninety-degree turn, he proceeded

down the boulder-lined dirt road with the drop-off and boulders to his left. After travelling about

three hundred to three hundred eighty five feet, his truck left the surface of the roadway.

Witnesses saw no effort on his part to stop. Nor did the boulders impede his drop of thirty feet

into the hole. Upon exiting the truck once it hit bottom, Anthony Brinker asked what had
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File No. 2017-00536
happened and indicated that he had heard the crunch of gravel and felt his vehicle shudder before

leaving the road. The road contained a layer of gravel extending from the boulders into the road

for several feet. And, at the point where Anthony Brinker's vehicle dropped off, two furrows can

be seen.

V. NEGLIGENCE

At the time of the accident, Defendant, __________________, was operating his vehicle

negligently. Specifically, Defendant had a duty to exercise ordinary care and safety for the

vehicles to safely maneuver through oncoming traffic. Defendant breached this duty in one or

more of the following ways:

a. Failure to maintain a proper lookout;

b. Failure to make such application of the brakes as a person using ordinary care would

have made;

c. Failure to maintain proper control of the vehicle under the conditions then and there

existing.

VI. DAMAGES

As a proximate result of the Defendant's negligence, Plaintiff suffered bodily injury.

Plaintiffs suffered the following damages:

a. Physical pain and mental anguish in the past and future;

b. Medical expenses in the past and future; and

c. Physical impairment.
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 Exemplary Damages - Because Defendant’s actions constitute negligence per se and

Plaintiff’s injury resulted from Defendants’ gross negligence or malice, Plaintiffs are entitled to

exemplary damages under Tex. Civ. Prac. & Rem. Code §41.0003(a).

VIII. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs, _________________________,

respectfully request Defendant, _________________________________, be cited to appear and

answer, and on final trial, that Plaintiffs have judgment against Defendant for:

a. Actual damages;

b. Prejudgment and post judgment interest as allowed by law;

c. Costs of suit;

d. Monetary relief over $200,000 but not more than $1,000,000; and

e. Any further relief, either in law or equity, to which Plaintiffs are justly entitled.

IX. REQUEST FOR DISCLOSURE

Pursuant Rule 194 of the Texas Rules of Civil Procedure, please disclose all information

identified in Rule 194.2 (a) - (l).

Respectfully submitted,

_____________________________

_____________________________

_____________________________

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File No. 2017-00536