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5 CITS-ESERVE
`
`FILED
`DALLAS COUNTY
`9/24/2019 3:34 PM
`FELICIA PITRE
`DISTRICT CLERK
`
`Christi Underwood
`
`CAUSE NO.
`
`DC-1 9-1 5591
`
`IN THE DISTRICT COURT
`
`
`JUDICIAL DISTRICT
`
`DALLAS COUNTY, TEXAS
`
`§
`§
`§
`
`§ §
`
`§
`§
`§
`
`§ §
`
`§
`
`ANGELIA JUSITS, INDIVIDUALLY
`
`V.
`
`Plaintiff,
`
`JANETT RENE HELLNER, CODY
`DOTSON, BRUCE GOBER, DONNA M.
`RUNNER, AND SHELLY C. GREEN
`D/B/A THE SCOREBOARD,
`
`Defendants.
`
`PLAINTIFF’S ORIGINAL PETITION AND RE UEST FOR DISCLOSURE
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`Angelia Jusits, Individually, (hereinafter, “Plaintiff’) files this her Original Petition
`
`(“Petition”) complaining of Defendants Janett Rene Hellner (“Ms Hellner”) and Cody Dotson,
`
`Bruce Gober, Donna M. Runner, and Shelly C. Green d/b/a The Scoreboard (“Scoreboard”), for
`
`cause of action, would respectfiilly show unto the Court as follows:
`
`I.
`
`DISCOVERY CONTROL PLAN
`
`1.
`
`Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, Plaintiff intends to
`
`proceed with discovery under Level 3 as set forth in Rule 190.4.
`
`CLAIM FOIR RELIEF
`
`2.
`
`In accordance with TEX. R. CW. P. 47, Plaintiff seeks monetary relief in excess of
`
`$1,000,000.
`
`111.
`
`PARTIES
`
`3.
`
`Plaintiff Angelia Jusits is an individual and a resident of Rockwall County, Texas.
`
`PLAINTIFF’S ORIGINAL PETITION
`
`Page 1 of 10
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`

`

`4.
`
`Defendant Janett Rene Hellner is a natural person and a resident of Rockwall
`
`
`County, Texas and may be served with process at her home address at 725 Cooper Lane, Royse
`
`City, Texas 75189, through her legal counsel, or at such other place as she may be found.
`
`5.
`
`Defendant Cody Dotson is a natural person and a resident of Dallas County,
`
`Texas and may be served with process at his home address at 4706 Las Palmas Ct., Garland,
`
`Texas 75043 or at such other place as he may be found.
`
`6.
`
`Defendant Bruce Gober is a natural person and a resident of Rockwall County,
`
`Texas and may be served with process at his home address at 258 Willow Ridge Circle,
`
`Rockwall, Texas 75032 or at such other place as he may be found.
`
`7.
`
`
`Defendant Donna M. Runner is a natural person and a resident of Dallas County,
`
`
`Texas and may be served with process at her home address at 541 Ivy Way, Garland, Texas
`
`
`75043 or at such other place as she may be found.
`
`8. DefendanW is a natural person and a resident of Dallas County,
`
`Texas and may be served with process at her home addressW
`
`Texas 75043 or at such other place as she may be found.
`
`9.
`
`Upon information and belief, at all times material Defendants Dotson, Gober,
`
`Runner, and Green (the “Scoreboard Defendants”) were officers and/or directors of entities (i.e.
`
`The Scoreboard Private Club,
`
`Inc. and/or The Scoreboard Club, Inc.) who owned and/or
`
`operated the bar identified as the “Scoreboard” located at 2410 S. Goliad St., Rockwall, Texas
`
`75032. Both The Scoreboard Private Club, Inc. and The Scoreboard Club, Inc. (the “Scoreboard
`
`Entities”) were incorporated in the State of Texas and had forfeited their existence as of the date
`
`of the death of Mr. Daniel Jusits. The Scoreboard Entities were aware of the forfeiture. Despite
`
`the forfeiture of the Scoreboard Entities,
`
`the Scoreboard Defendants continued to conduct
`
`PLAINTIFF’S ORIGINAL PETITION
`
`Page 2 of 10
`
`

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`business as the “Scoreboard.” Accordingly, the Scoreboard Defendants are individually liable for
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`the acts and/or omissions committed by serving alcohol to Defendant Hellner at the Scoreboard
`
`as alleged herein.
`
`IV.
`
`JURISDICTION AND VENUE
`
`10.
`
`This Court has personal jurisdiction over all of the parties in this suit because
`
`Defendants’ tortious contact with Dallas County forms the basis of this litigation.
`
`11.
`
`This Court has subject matter jurisdiction over this lawsuit because the amount in
`
`controversy exceeds this Court’s minimum jurisdictional requirements.
`
`12.
`
`Venue is proper in this Court pursuant to TEXAS CIVIL PRACTICES & REMEDIES
`
`CODE § 15.002(a)(2) because it is the county in which at least some of the Defendants resided at
`
`all relevant times. Further, because venue is proper as to at least one Defendant, venue is proper
`
`as to all Defendants pursuant to TEXAS CIVIL PRACTICES & REMEDIES CODE § 15.005.
`
`V.
`
`FACTUAL BACKGROUND
`
`13.
`
`Plaintiffs claims arise out of a motor vehicle crash which occurred on November
`
`22, 2017—the day before Thanksgiving—during which a vehicle driven by Defendant Janett
`
`Rene Hellner negligently and violently collided with a motorcycle operated by Daniel Jusits,
`
`thereby causing Mr. Jusits’ untimely death (the “Crash”). At the time of the Crash, Ms. Hellner
`
`was legally intoxicated. Ms. Hellner’s intoxication was the result of the actions of Scoreboard—
`
`who served alcoholic beverages to Hellner while she was obviously intoxicated. Mr. Jusits is
`
`survived by Ms. Jusits, his wife of more than 20 years.
`
`THE CRASH
`
`14.
`
`On the date of the Crash, Mr. Jusits was driving a 1998 Harley-Davidson
`
`PLAINTIFF’S ORIGINAL PETITION
`
`Page 3 of 10
`
`

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`motorcycle. Mr. Jusits, an avid motorcyclist and member of a motorcycle club, owned and
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`operated several businesses throughout the years, including Hollywood Custom Cycles. Earlier
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`that day, he attended the wake of a friend who had recently passed away, and at the time of the
`
`Crash, he was travelling home after meeting with a group of friends after the wake.
`
`15.
`
`That same night, Hellner was a patron at Scoreboard. While at Scoreboard,
`
`Hellner consumed various alcoholic beverages which Scoreboard served to her. As a result of
`
`Hellner’s consumption of alcohol while at Scoreboard, Hellner became obviously intoxicated.
`
`Despite Hellner’s obvious intoxication, Scoreboard continued to serve alcohol to Hellner.
`
`Hellner ultimately left Scoreboard and soon thereafter, as a result of her intoxication, the Crash
`
`occurred.
`
`16.
`
`In the moments before the Crash, Ms. Hellner was driving a 2015 Dodge Charger
`
`northbound on S. Goliad Street. Mr. Jusits was also travelling northbound on S. Goliad Street.
`
`Suddenly and without warning, Ms. Hellner collided with Mr. Jusits. The impact of the Crash
`
`caused Ms. Jusits’ motorcycle to travel northbound, coming to a stop on the sidewalk on the east
`
`side of the street, and Mr. Jusits was thrown off the motorcycle and came to rest on the sidewalk
`
`south of his motorcycle.
`
`17.
`
`After the Crash, Mr. Jusits was taken to Lakepointe Hospital via ambulance by
`
`emergency responders. He was later pronounced dead due to the multiple, severe injuries he
`
`sustained in the Crash.
`
`18.
`
`Shortly after the Crash, Officer Robert McIntire of the Rockwall Police
`
`Department arrived on the scene to investigate the Crash. It was determined that Ms. Hellner was
`
`at fault for the Crash and was suspected of driving while legally intoxicated. Ms. Hellner was
`
`arrested and charged by the Rockwall Police Department for the felony offense of intoxication
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`PLAINTIFF’S ORIGINAL PETITION
`
`
`
`Page 4 of 10
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`

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`manslaughter. Thereafter, Ms. Hellner was criminally prosecuted and is now serving a sentence
`
`in a Texas correctional facility.
`
`Vl.
`
`CAUSES OF ACTION
`
`COUNT ONE: NEGLIGENCE - HELLNER
`
`19.
`
`Each of the foregoing paragraphs is incorporated herein for all purposes.
`
`20.
`
`Defendant Janett Rene Hellner owed Plaintiff legal duties that Defendant
`
`breached, thereby proximately causing Plaintiff’s damages and Mr. Jusits’ untimely death. The
`
`negligent acts and/or omissions are generally described herein and include, but are not limited to,
`
`the following:
`
`a.
`
`b.
`
`c.
`
`(1.
`
`e.
`
`f.
`
`g.
`
`Failing to maintain a proper lookout;
`
`Failing to timely apply the brakes;
`
`Failing to safely move into the lane of travel;
`
`Failing to take evasive measures to avoid a collision;
`
`Failing to control speed;
`
`Inattentiveness; and
`
`Operating a motor vehicle while legally intoxicated.
`
`21.
`
`Each of these acts and/or omissions by Janett Rene Hellner, singularly and/or in
`
`combination with other acts and/or omissions, constituted negligence, which proximately caused
`
`the Crash, Mr. Jusits’ untimely death, and the damages incurred by Plaintiff as alleged herein.
`
`COUNT TWO: NEGLIGENCE PER SE - HELLNER
`
`22.
`
`Each of the foregoing paragraphs is incorporated herein for all purposes.
`
`23.
`
`Each of the above—referenced acts and/or omissions by Defendant Janett Rene
`
`Hellner, singularly or in combination with others, constituted negligence per se. A non-
`
`PLAINTIFF’S ORIGINAL PETITION
`
`Page 5 of 10
`
`

`

`exhaustive list of Defendant’s violations of the law include, but are not limited to, the following:
`
`a.
`
`b.
`
`Failing to properly and safely move into a lane of travel in violation of
`TEXAS TRANSP. CODE §§ 560.060 and 545.103; and
`
`Operating a motor vehicle while legally intoxicated in violation of TEXAS
`PENAL CODE § 49.04.
`
`24.
`
`Each of the above-referenced acts and/or omissions, singularly or in combination
`
`with others, constituted negligence per se which proximately caused the Crash, Mr. Jusits’
`
`untimely death, and the damages incurred by Plaintiff as alleged herein.
`
`COUNT THREE: DRAM SHOP AND NEGLIGENCE PER SE – SCOREBOARD DEFENDANTS
`
`25.
`
`26.
`
`Each of the foregoing paragraphs is incorporated herein for all purposes.
`
`Scoreboard served alcohol to Hellner even though Hellner was obviously
`
`intoxicated and presented a clear danger to the unsuspecting public, i.e. Mr. Jusits. Under the
`
`common law and applicable statutes, Scoreboard had a duty to the general public not to serve
`
`alcoholic beverages to persons Scoreboard knew or should have known to be intoxicated. On the
`
`occasion in question, Scoreboard sold or served alcoholic beverages to Hellner when it was
`
`apparent (or reasonably should have been apparent) to Scoreboard at the time that the alcoholic
`
`beverages were sold and/or served to Hellner that Hellner was obviously intoxicated to the extent
`
`that she presented a clear danger to herself and others. Hellner’s intoxication was a proximate
`
`cause of Mr. Jusits’ death.
`
`27.
`
`Scoreboard was negligent per se in serving Hellner, an intoxicated person on the
`
`occasion in question, in violation of the Texas Alcoholic Beverage Code. See TEX. ALCO. BEV.
`
`CODE §§ 2.02, 11.61(b)(14), and 101.63.
`
`COUNT FOUR: GROSS NEGLIGENCE – ALL DEFENDANTS
`
`28.
`
`29.
`
`Each of the foregoing paragraphs is incorporated herein for all purposes.
`
`Defendants’ tortious conduct was malicious and/or grossly negligent.
`
`PLAINTIFF’S ORIGINAL PETITION
`
`
`
`Page 6 of 10
`
`

`

`30.
`
`Defendants’ malicious and/or grossly negligent conduct was carried out by
`
`Defendants personally.
`
`31.
`
`Defendants intentionally breached the legal duties owed to Plaintiff such that
`
`Defendants could take undue advantage of Plaintiff and/or otherwise maliciously treat Plaintiff.
`
`The acts or omissions of Defendants, when viewed objectively from Defendants’ standpoint,
`
`involved an extreme degree of risk when considering the probability and magnitude of the
`
`potential harm to Plaintiff and others.
`
`32.
`
`Additionally, Defendants had actual, subjective awareness of the risk to Plaintiff
`
`and others but proceeded anyway with a conscious indifference to the rights, safety, or welfare of
`
`Plaintiff and others.
`
`33.
`
`Defendants’ conduct was performed and/or designed with a specific intent to
`
`cause substantial injury or harm to Plaintiff. Accordingly, Plaintiff is entitled to a finding that
`
`Defendants were grossly negligent concerning the occurrence in question.
`
`COUNT FIVE: WRONGFUL DEATH
`
`34.
`
`35.
`
`Each of the foregoing paragraphs is incorporated herein for all purposes.
`
`Plaintiff Angelia Jusits, Individually, is a statutory wrongful death beneficiary of
`
`Daniel Jusits, the decedent.
`
`36.
`
`37.
`
`Defendants’ wrongful acts and conduct caused the death of Mr. Jusits.
`
`As a result of the Crash and Defendants’ wrongful acts and conduct, Angelia
`
`Jusits has suffered actual injuries and damages for which Plaintiff asserts a claim of wrongful
`
`death against Defendants and seeks all actual and exemplary damages attributable thereto.
`
`COUNT SIX: RESPONDEAT SUPERIOR/AGENCY
`
`38.
`
`Each of the foregoing paragraphs is incorporated herein for all purposes.
`
`PLAINTIFF’S ORIGINAL PETITION
`
`
`
`Page 7 of 10
`
`

`

`39.
`
`At all relevant times, the Scoreboard Defendants, by and through their employees,
`
`agents, servants, and apparent or ostensible agents who were acting within the course and scope
`
`of their agency or employment with the Scoreboard Defendants and/or the Scoreboard, are liable
`
`for their employees’ or agents’ acts under the theories of respondeat superior and/or apparent
`
`agency.
`
`40.
`
`By reason of the facts set forth above, the Scoreboard Defendants, by and through
`
`their employees or agents, were negligent thereby proximately causing the Crash and Mr. Jusits’
`
`death.
`
`VII.
`
`DAMAGES
`
`41.
`
`Each of the foregoing paragraphs is incorporated herein for all purposes.
`
`42.
`
`The negligent acts and/or omissions of Defendants set forth above were a
`
`proximate cause of Plaintiff’s injuries and damages as follows:
`
`a.
`
`Pecuniary losses attributable to Mr. Jusits’ death such as: the loss of advice
`and counsel; loss of household and spousal services; and the loss of care,
`maintenance, support, and other reasonable contributions of a pecuniary
`value;
`
`Funeral expenses;
`
`Mental anguish;
`
`Pain and suffering;
`
`Loss of companionship and society;
`
`Loss of inheritance;
`
`Exemplary damages;
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`Pre— and post—judgment interest;
`
`Costs of court; and
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`PLAINTIFF’S ORIGINAL PETITION
`
`Page 8 of 10
`
`

`

`j.
`
`All other relief,
`entitled.
`
`in law and in equity, to which Plaintiff may be justly
`
`VIII.
`
`w
`
`43.
`
`Pursuant to TEX. R. CIV. P. 193.7, Plaintiff hereby gives notice to Defendants that
`
`Plaintiff intends to use, in any pretrial proceeding and at trial, the documents Defendants have
`
`produced (or will produce as the case may be) in response to written discovery.
`
`IX.
`
`REQUEST FOR DISCLOSURE
`
`44.
`
`Plaintiff hereby demands that Defendants make the disclosures, within the
`
`timeframe provided therein, required by TEX. R. CIV. P. 194(a)-(l).
`
`X.
`
`JURY DEMAND
`
`45.
`
`Plaintiff hereby demands that this case be set for a trial by jury. The cost for a jury
`
`trial is being paid with the filing of Plaintiffs Original Petition.
`
`XI.
`
`PRAYER
`
`Plaintiff respectfully requests that Defendants be cited to answer and appear, and, that
`
`upon final trial, Plaintiff recover damages as specified above from Defendants, plus costs of
`
`court, pre—judgment and post—judgment interest at the legal rate, and have such other and further
`
`relief, general and special, at law or in equity, to which Plaintiff may show herselfjustly entitled.
`
`PLAINTIFF’S ORIGINAL PETITION
`
`Page 9 of 10
`
`

`

`Respectfully submitted,
`
`DEANS & LYONS, LLP
`
`
`
`Michael P. Lyons
`Texas Bar No. 24013074
`
`mlyons@deansly0ns.com
`Christopher J. Simmons
`Texas Bar No. 24058796
`
`csimmons@deanslyons.com
`325 N. Saint Paul Street, Suite 1500
`
`Dallas, Texas 75201
`
`(214) 965-8500 (t)
`(214) 965—8505 (D
`
`ATTORNEYS FOR PLAINTIFF
`
`PLAINTIFF’S ORIGINAL PETITION
`
`Page 10 of 10
`
`

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