CAUSE NO.

___________________________

JUAN GONZALEZ § IN THE DISTRICT COURT

§
Plaintiff, §
§
§
v. § ______JUDICIAL DISTRICT
§
RICHARD JONES & §
TEXAS TRUCKING §
GROUP, INC §
§
Defendant. § COLLIN COUNTY, TEXAS

ORIGINAL PETITION

TO THE HONORABLE COURT:

COMES NOW Juan Gonzalez, as Plaintiff and states the following causes of action

against Defendant Richard Jones, & Texas Trucking Group, Inc under respondeat superior

doctrine, and would show as follows:

I. DISCOVERY CONTROL PLAN

1. This case shall be governed by a Level 3 discovery plan.

II. PARTIES

2. Plaintiff Juan Gonzalez who lives in 2211 E. Arapaho, Apartment 103. Richardson,

Texas 75032.

3. Defendant Richard Jones with place of residence where can be served at 4101 N.

Beach St., Rockwall, Texas 75032.

4. Texas Trucking Group, Inc (Defendant under respondeat superior doctrine,) is an

incorporate business with its principal place of business in Temple, Texas. Texas Trucking

ORIGINAL PETITION Page 1

Group Inc can be served with process on its registered agent, Wallace Smith at 121 S. Main

Street, Temple, Texas 76501.

III. JURISDICTION AND VENUE

5. This Court has jurisdiction over the subject matter of this case because the amount in

controversy is greater than $1,000,000 and demand for judgement for all other relief to which

party deems himself entitled.

6. This Court has personal jurisdiction over the Defendant because the accident

occurred in Collin County, Texas.

7. Venue for this case is proper in Collin County, because parties reside in different

counties, but the place of the incident occurred in Collin County.

IV. RELEVANT FACTS

8. Plaintiff Juan Gonzalez was driving his vehicle from his place of residence in

Richardson to his place of work in McKinney when Defendant Richard Jones driving a loaded

truck-tractor crossed into Plaintiff’s lane causing a head on collision between the two motor

vehicles.

9. Defendant Richard Jones negligence severely damaged Plaintiff and caused him to

become paraplegic.

10. Defendant Richard Jones works, and was driving a vehicle owned by Texas

Trucking Group, Inc.

11. Despite all the claims made Defendant Richard Jones and Texas Trucking Group

under the Respondeat Superior doctrine refuse to indemnify Plaintiff for damages.

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 V. CLAIMS

Count One:

Negligence

12. The preceding paragraphs are incorporated herein as if set forth verbatim.

13. Defendant Richard Jones was driving a loaded box trailer through Collin County. He

collated head on with the vehicle Plaintiff Gonzalez was driving, and severely injured Plaintiff.

14. Defendant was negligent and failed to operate the vehicle in a safe manner.

15. Plaintiff Juan Gonzalez has been severely damaged by Defendant’s negligence in an

amount to be proven at trial, but in excess of the minimum jurisdictional limits of the Court.

Count 2:

Respondent Superior Doctrine

16. Defendant Richard Jones is an employee and was operating a Texas Trucking

Group Inc, truck tractor.

17. Texas Trucking Group Inc is liable for damages occurred to Plantiff under

Respondent Superior doctrine.

VI. CONDITIONS PRECEDENT

18. All conditions precedent to Juan Gonzalez rights and claims herein have been

performed or have occurred or have been waived.

VII. ATTORNEYS FEES

19. Due to the Negligence by Defendants, Plaintiff has been forced to hire legal

counsel in this matter and seeks recovery of attorney fees and costs associated with this lawsuit,

pursuant to Tex. Civ. Prac. & Rem. Code Section 38.001 et seq. All prerequisites to recovery of

fees and costs have been met.

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 VIII. PRAYER

WHEREFORE, Plaintiff prays and requests:

a. That Defendants has been negligent for failure to properly operate a motor

vehicle.

b. That Juan Gonzalez be awarded all its actual and consequential damages caused

by Defendant’s conduct;

c. Juan Gonzalez be awarded reasonable attorneys’ fees; and

d. For such other and further relief as the Court may deem just and equitable.

Respectfully submitted,

________________________________________
Cody L. Towns
Texas Bar No. 24034713
TOWNS LAW FIRM, P.C.
4835 Lyndon B Johnson Frwy, Suite 750
Dallas, Texas 75244
(469) 421-1500 Telephone
(469) 421-1505 Facsimile
E-Mail: ctowns@townslawfirm.com

ATTORNEYS FOR PLAINTIFF

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