Blank Original Petition

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
_______________________________________________.
Plaintiff’s Original Petition Page 1 of 4

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
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.
File No. 2017-00536
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,
_____________________________
_____________________________
_____________________________

File No. 2017-00536

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CAUSE NO.

____________________________________ _________ JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

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

respectfully show the Court as follows:

I. SELECTION OF DISCOVERY LEVEL

Plaintiffs, _____________________________ are individuals who reside at

Plaintiff’s Original Petition Page 1 of 4

Citation by serving ________________, its Registered Agent, __________________________,

or wherever else he may be found.

III. JURISDICTION & VENUE

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

more of the following ways:

a. Failure to maintain a proper lookout;

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

WHEREFORE, PREMISES CONSIDERED, Plaintiffs, _________________________,

respectfully request Defendant, _________________________________, be cited to appear and

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

IX. REQUEST FOR DISCLOSURE

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

Plaintiff’s Original Petition Page 4 of 4

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____________________________ _ JUDICIAL DISTRICT

Citation by serving , its Registered Agent, __________,