FILED
`2/9/2023 12:55 FM
`JOHN F. WARREN
`COUNTY CLERK
`DALLAS COUNTY
`
`
`
`IN THE COUNTY COURT
`
`AT LAW NO.
`
`DALLAS COUNTY, TEXAS
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`§ § § § § §
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`§ § §
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`§ § §
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`GARY HOLLAND,
`
`Plaintifé,
`
`VS.
`
`LATONJA LOUISE REED,
`TEXAS FARM BUREAU
`CASUALTY INSURANCE COMPANY,
`AND JOHN DOE,
`
`Defendants.
`
`PLAINTIFF’S ORIGINAL PETITION
`
`FO THE HONORABLE JUDGE OF SAID COURT:
`
`NOW COMES GARY HOLLAND, (“Plaintiff”), and files this PLAINTIFF’S
`
`ORIGINAL PETITION complaining of LATONJA LOUISE REED, TEXAS FARM
`
`BUREAU CASUALTY INSURANCE COMPANY,and JOHN DOE(hereafter referred
`
`to as “Defendants”), and would respectfully show to the Court the following:
`
`I.
`DISCOVERY CONTROL PLAN
`
`Pursuant to Rule 190.3 of the Texas Rules of Civil Procedure, Plaintiff requests a
`
`Level II discovery control plan.
`
`Il.
`
`PARTIES
`
`Plaintiffis a resident of Dallas County, Texas.
`
`Defendant LATONJA LOUISE REEDis a resident of Dallas County, Texas.
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`Service of process can be made at her regular place of abode located at 419 Bissonet
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`
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`Avenue, Dallas, Texas 75217.
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`PLAINTIFI’S ORIGINAL PETITION-
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`Page [1
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`

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`Defendant TEXAS FARM BUREAU CASUALTY INSURANCE COMPANY
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`is a domestic insurance company and is authorized to transact business in the State of
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`Texas. Service of process will be made through the State of Texas Commissioner of
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`Insurance located at 333 Guadalupe, Austin, Texas 78701.
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`Defendant JOHN DOEis the unidentified driver who allegedly was involved in
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`the accident made the basis of this lawsuit. Defendant John Doe’s address is unknown
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`to Plaintiff. No citation is requested at this time.
`
`I.
`VENUE AND JURISDICTION
`
`Venuein this case is proper pursuant to § 15.002(a)(1) of the Texas Civil Practice
`
`and Remedies Code because ail or a substantial part of the events giving rise to the
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`claims occurred in Dallas County, Texas.
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`This Court has subject matter jurisdiction over this case because the amount in
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`controversy, exclusive of costs and interest, is within the jurisdictional limits of this
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`Court.
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`Plaintiff seeks monetary relief over $100,000 but not more than $200,000.
`
`IV.
`FACTS
`
`1.
`
`On or about April 9, 2021, Plaintiff Gary Holland was. sitting in his parked 2020
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`Ford Fusion onthe parking lot of the United States Postal System’s branch office located
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`at 350 Buckner Blvd., Dallas, Texas 75217. Defendant Latonja Louise Reed was driving
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`her large Chevrolet Silverado Pickup Truck. Defendant told the investigating police
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`officer that an alleged “phatom hit-and-run vehicle” hit her truck and drove away from
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`the accident. Consequently, Defendant Reed suddenly and without notice reversed her
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`PLAINTLFIPS ORIGINAL PETITION-
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`Page [2
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`very lard truck without safety and crashed into Plaintiff’s mid-sized car. Defendant Reed
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`crashed the left rear quarter panel of her Chevrolet Silverado truck into Plaintiff's For
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`Fusion car causing Plaintiff bodily injuries and property damage. Defendant Latonja
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`Louise Reed’s acts of negligence proximately caused the accident and Plaintiff's injuries
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`and damages.
`
`7.
`
`At the time of the accident, Plaintiff Gary Holland was insured by Texas Farm
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`Bureau Casualty Insurance Company for liability coverage, personal injury protection
`
`benefits, and uninsured/underinsured coverage. Plaintiff was covered by the insurance
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`policy issued by Defendant Texas Farm Bureau Casualty Insurance Company.
`
`8.
`
`Attime ofthe accident, Plaintiff was protected by the insurance policy against loss
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`for bodily injuries and property damage that resulted from the ownership, maintenance,
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`or use of an uninsured/underinsured motor vehicle and said insurance policy was issued
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`by Defendant Texas Farm Bureau Casualty Insurance Company.
`
`9.
`
`Having determined that the alleged unknown fleeing vehicle was uninsured at the
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`time of the occurrence, as that term is defined under the policy of insurance, Plaintiff
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`timely and properly notified Defendant Texas Farm Bureau Casualty Insurance Company
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`of the accident throughits claims representative. Plaintiff has fully complied with all the
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`conditions of the insurance policy prior to bringing lawsuit.
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`10,
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`Ali conditions precedent have been performed or have occurred. Nevertheless,
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`Defendant Texas Farm Bureau Casualty Insurance Company has failed and refused, and
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`continues to still faif and refuses, to pay Plaintiff benefits as it is contractually required to
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`do.
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`11.
`
`Plaintiff has been compelled to engage the services of the attorneys whose nameis
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`subscribed to this pleading for the prosecution and collection of the claim. Therefore,
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`PLAINTIFF'S ORIGINAL PETITION-
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`Page |[3
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`Plaintiff is entitled to recover from Defendant Texas Farm Bureau Casualty Insurance
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`Company the additional sum of 18 percent per annum of the amount payable underthe
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`policy, together with a reasonable sum for the necessary services of Plaintiff's attorneys
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`in the preparation andtrial of this action, including any appeal to the Court of Appeals
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`and/or the Supreme Court of Texas.
`
`Vv.
`CAUSES OF ACTION AGAINST
`DEFENDANT LATONJA LOUISE REED
`
`12.
`
`Plaintiff incorporates Paragraphs 1-11 herein by reference as if stated verbatim
`
`pursuant to Rule 58 of the Texas Rules of Civil Procedure. Plaintiff would show this
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`Court that the negligent acts and omissions of Defendant Latonja Louise Reed and the
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`statutory violations, as set out herein, separately and collectively, were the direct and
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`proximate causes of the accident in question and the resulting injuries and damages
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`sustained and incurred by Plaintiff.
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`13.
`
`The statutory violations constitute negligence per se. The violations, negligent
`
`acts, and omissions are, among others, as follows:
`
`a.
`
`b.
`
`C.
`
`d.
`
`e,
`
`f.
`
`Defendant failed to keep the proper lookout as required pursuant
`§545.052(1) of the Tex. Trans. Code Ann.;
`
`to
`
`Driver inattention pursuant to § 542.408 of the Tex. Trans. Code Ann.;
`
`failed to drive in a single lane as required pursuant
`Defendant
`§545.060(a)(1) of the Tex. Trans. Code Ann.,;
`
`to
`
`Defendant failed to control the speed of the vehicle she was operating in
`compliance with §545.351(b)(1) and §545.351(b)(2) of the Tex. Trans.
`Code Ann.;
`
`Defendant failed to maintain an assured distance between her vehicle and
`Plaintiffs vehicle;
`
`Defendant negligently and violently reversed her vehicle;
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`PLAINTLEF’S ORIGINAL PETITION-
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`Page |4
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`Defendant failed to sound her horn as required under § 547.501(a) of the
`Tex. Trans. Code. Ann.;
`
`Defendantfailed to apply the brakes of her vehicle immediately prior to the
`collision in question;
`
`Defendant failed to timely apply the brakes on her vehicle immediately
`priorto the collision in question;
`
`Defendant failed to turn her vehicle in order to avoid the collision in
`question; and
`
`Violating at least Sections 542.301, 545.053(a)(1), 545.351(a) and (b),
`535.35 1(c)(5), 545.401(a), and 552.008(2) of the Tex. Trans. Code Ann.
`
`VI.
`NEGLIGENT CAUSES OF ACTION
`AGAINST DEFENDANT JOHN DOE
`
`14,
`
`Alternatively, Plaintiff pleads and would show this Court that the negligent acts
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`and omissions of the alleged Defendant John Doe and statutory violations, as set out
`
`herein, separately and collectively, may have been the direct and proximate causes of the
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`accident in question and the resulting injuries and damages sustained and incurred by
`
`Plaintiff.
`
`15.
`
`The statutory violations constitute negligence per se. The violations, negligent acts
`
`and omissions are, among others, as follows:’
`
`a.
`
`Defendant failed to keep the proper lookout as required pursuant
`$545.052(1) of the Tex. Trans. Code Ann.;
`
`to
`
`Defendant failed to sound his horn as required under § 547.501(a) of the
`‘Tex. Trans. Code. Ann.;
`
`failed to drive in a single lane as
`Defendant
`§545.060(a)(1) of the Tex. Trans. Code Ann.;
`
`required pursuant
`
`to
`
`Driver inattention pursuant to § 542.408 of the Tex. Trans. Code Ann.;
`
`Defendant failed to control the speed of the vehicle he was operating in
`compliance with §545.351(b)(1) and §545.351{b)(2) of the Tex. Trans.
`Code Ann.;
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`PLAINTIFIE’S ORIGINALPETITION-
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`Page [5
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`f.
`
`g.
`
`h,
`
`i.
`
`].
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`Violating at least Sections 542.301, 545.053(a)(1), 545.351(a) and (bd),
`535.35 1(c)(5), 545.401 (a), and 552.008(2) of the Tex. Trans. Code Ann.;
`
`Defendant failed to maintain an assured distance between his vehicle and
`Plaintiff's vehicle;
`
`Defendant fatled to apply the brakes of his vehicle immediately prior to the
`collision in question;
`
`Defendant failed to timely apply the brakes on her vehicle immediately
`priorto the collision in question; and
`
`Defendant failed to turn his vehicle in order to avoid the collision in
`question.
`
`DEFENDANT JOHN DOE COMMITTED
`
`FELONIOUS ACTS
`
`16.
`
`Defendant John Doe committed an offense when he did not stop or did not comply
`
`with the requirements of §550.021(c) of the Texas Transportation Code.
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`17.
`
`Defendant John Doe committed a third-degree felony when he left the scene of the
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`accident and failed to stop and renderaid to the Plaintiffs pursuant to §1.07 of the Texas
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`Penal Code.
`
`VIEL.
`CAUSES OF ACTION AGAINST TEXAS FARM
`BUREAU CASUALTY INSURANCE COMPANY
`
`18.
`
`Plaintiffs re-alleges and incorporate Paragraphs 1-17 herein by reference as if
`
`stated verbatim pursuant to Rule 58 of the Texas Rules of Civil Procedure. At the time
`of the automobile collision in question, Plaintiff was scheduled on an insurance policy
`
`written by Defendant Texas Farm Bureau Casualty Insurance Company. As part of
`
`Plaintiff's automobile policy, Plaintiff was insured against loss for injuries and damages
`
`caused by an uninsured/underinsured motorist at the time of the collision made the basis
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`of this lawsuit. More specifically, Plaintiff would show that he is a beneficiary underhis
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`PLAINTIFE’S ORIGINAL PETITIGN-
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`Page |6
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`policy of insurance issued by Defendant Texas Farm Bureau Casualty Insurance
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`Company. Plaintiff is entitled to certain benefits under the uninsured/underinsured and
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`personal injury protection provisions of the policy of insurance which was issued by
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`Defendant Texas Farm Bureau Casualty Insurance Company to or for the benefit of
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`Plaintiff.
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`19.
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`Plaintiff would show that as a result of the alleged unknown fleeing driver’s
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`negligence, Defendant John Doe, Plaintiff sustained and incurred injuries and damages.
`
`VII.
`BAD FAITH OF TEXAS FARM BUREAU
`CASUALTY INSURANCE COMPANY
`
`20.
`
`Plaintiff realleges and incorporate Paragraphs 1-19 herein by referenceas if stated
`
`verbatim pursuant to Rule 58 of the Texas Rules of Civil Procedure. Defendant Texas
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`Farm Bureau Casualty Insurance Company, by and through its employees, agents,
`
`and/or representatives, engaged in bad faith insurance claims handling. Employees,
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`agents, or servants of Defendant Texas Farm Bureau Casualty Insurance Company, and
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`with Defendant Texas Farm Bureau Casualty Insurance Company’s fuil knowledge and
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`ratification, refused to tender a fair offer of settlement when liability was reasonably
`
`clear.
`
`BREACH oFTHE DUTY OF
`
`GOOD FAITH AND FAIR DEALING
`
`21.
`
`Plaintiff realleges and incorporates Paragraphs 1-20 herein by reference as if
`
`stated verbatim pursuant to Rule 58 of the Texas Rules of Civil Procedure. Under Texas
`
`law, Defendant Texas Farm Bureau Casualty Insurance Company owes its insured a
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`duty of good faith and fair dealing. Universal Life Ins. Co. v. Giles, 950 S.W. 48 (Tex.
`
`1997). Due to the special relationship that exists between an insurance company andits
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`PLAINTIFF'S ORIGINAL PETITION-
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`Page [7
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`insured, an insurance company is liable for breaching its duty of good faith and fair
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`dealing owed to its insured when an insurance companyfails to attempt in good faith to
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`effectuate a prompt, fair, and equitable settlement of a claim when the insurer’s liability
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`is reasonably clear, as it is in this case.
`
`22.
`
`Defendant further breached its duties of good faith and fair dealing by failing and
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`refusing to comply with Texas laws concerning Plaintiff’s claims. Specifically, the
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`Texas Legislature enacted Chapter 542 of the Texas Insurance Code also known as the
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`Unfair Claim Settlement Practices Act
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`to prohibit
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`insurance companies and their
`
`representatives from engaging in Unfair Claim Settlement Practices. The Act mandates
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`that “No insurer doing business in this state under the authority, rules and regulations of
`
`this Code shall engage in unfair claim settlement practices.”
`
`23.
`
`In violation of the Unfair Claim Settlement Practices Act, Defendant Texas Farm
`
`Bureau Casualty Insurance Company and its agents, employees, and representatives
`
`engaged in prohibited acts and practices including, but not limited to, the following:
`
`a.
`
`b.
`
`fair, and equitable
`Not attempted in good faith to effect a prompt,
`settlement of a claim in which liability was reasonably clear in violation of
`Sec. 542.003(a) and (b)(3); and
`
`Compelled the policyholder, Gary Holland, to institute a suit to recover an
`amount due undera policy by offering substantially less than the amount
`ultimately recovered in a suit brought by the policyholder in violation of
`Sec. 542.003(a) and (b)(5).
`
`24.
`
`Thus, due to Defendant’s breach of the duty of good faith and fair dealing and
`
`Defendant Texas Farm Bureau Casualty Insurance Company’s failure and refusal to pay
`
`Plaintiffs claims, Plaintiff incurred actual damages, including:
`
`a,
`
`b,
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`Medical expenses; and
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`Additional interest due to the delay in the paymentofthis claim.
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`PLAINTIFI’S ORIGINAL PETITION-
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`25.
`
`In addition, the conduct of Defendant Texas Farm Bureau Casualty Insurance
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`Company was committed with malice.’ Further, because Defendant Texas Farm Bureau
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`Casualty Insurance Company has ratified and approved of the actions of its agents,
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`adjusters, employees, and representatives, who maliciously and wrongfully denied and
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`delayed Plaintiff's claims, Plaintiffs are entitled to recover punitive damages.
`
`X,
`BREACH OF CONTRACT
`
`26.
`
`Plaintiff realleges and incorporates Paragraphs 1-25 herein by reference as if stated
`
`verbatim pursuant to Rule 58 of the Texas Rules of Civil Procedure. Plaintiff and
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`Defendant Texas Farm Bureau Casualty Insurance Company had a valid and enforceable
`
`contract. Plaintiff performed, tendered performance, or were excused from performing
`
`their contractual obligations.
`
`Defendant Texas Farm Bureau Casualty Insurance
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`Company breached the contract. This breach caused Plaintiff injury.
`
`XE.
`VIOLATIONS OF CHAPTER 541
`OF THE TEXAS INSURANCE CODE
`
`27.
`
`Plaintiff realleges and incorporate Paragraphs 1-26 herein by reference as if stated
`
`verbatim pursuant to Rule 58 of the Texas Rules of Civil Procedure for this cause of
`
`action against Defendant Texas Farm Bureau Casualty Insurance Company,
`
`
`1 “Malice” means:
`A.
`A specific intent to cause a substantial injury; or
`B.
`An act or omission:
`ti)
`which when viewed objectively from the standpoint of Defendant orits agents,
`employees, or representatives, including, but not limited to, Gary Holland, at the
`time of its occurrence involves an extreme degree of risk, considering the
`probability and magnitude of the potential harm to others; and
`
`{ii)
`
`its agents, employees, or representatives had actual,
`of which Defendant,
`subjective awareness of the risk involved, but nevertheless proceeded with
`conscious indifference to the rights, safety, or welfare ofits insured.
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`PLAINTIFF’S ORIGINAL PETITION-
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`Page [9
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`28.
`
`The Texas Legislature enacted Chapter 541 of the Texas Insurance Code to
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`regulate trade practices in the industry of insurance by:
`
`(1) defining or providing for the
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`determination of trade practices in this state that are unfair methods of compensation or
`
`unfair or deceptive acts or practices; and (2) prohibiting those trade practices. Further,
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`the legislature made it clear that this Act “shall be liberally construed and applied to
`
`promote its underlying purposes as set forth in this section.” See § 541.008 of the Texas
`
`Insurance Code.
`
`29.
`
`In violation of Chapter 541 of the Texas Insurance Code, Defendant Texas Farm
`
`Bureau Casualty Insurance Company, and the agents, adjusters, employees, or servants
`
`of Defendant Texas Farm Bureau Casualty Insurance Company knowingly? and
`
`intentionally engaged in unfair methods of compensation and unfair and deceptive acts
`
`or practices in the business of insurance by engaging in UnfairSettlement Practices with
`
`respect to a claim by an insured orbeneficiary, including, but not limited to:
`
`a.
`
`b.
`
`c.
`
`d.
`
`Misrepresenting to a claimant a material fact or policy provision relating
`to coverageat issue;
`
`Failing to attempt in good faith to effectuate a prompt, fair, and equitable
`settlement of a claim with respect to which the insurer’s liability has
`become reasonably clear;
`
`Failing to provide promptly to a policyholder a reasonable explanation of
`the basis in the policy, in relation to the facts or applicable law, for the
`insurer’s denial of a claim or offer of a compromise settlement of the
`claim;
`
`Refusing, failing, or unreasonably delaying an offer of settlement under
`applicable first-party coverage on the basis that other coverage may be
`available or that third parties are responsible for the damages suffered,
`expect as may be specifically provided in the policy;
`
`? UnderArticle § 541.002 of the Texas Insurance Code, “Knowingly” means actual awareness ofthe falsity,
`unfairness, or deceptiveness of the act or practice on which a claim under Subchapter D is based. “Actual
`awareness” may be inferred if objective manifestations indicate that a person acted with actual awareness.
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`PLAINTIFF’S ORIGINAL PETITION-
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`Page {10
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`€.
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`f.
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`Refusing to pay a claim without conducting a reasonable investigation
`with respect to the claim; and
`
`to a Texas personal auto policy, delaying or refusing
`With respect
`settlement of a claim solely because there is other insurance of a different
`type available to satisfy all or part of the loss forming the basis of that
`claim.
`
`XII.
`RELIEF AVAILABLE TO INJURED PARTIES FOR VIOLATIONS
`OF CHAPTER 541 OF THE TEXAS INSURANCE CODE
`
`30.
`
`Pursuant to § 541.151 of the Texas Insurance Code, a person, such as the Plaintiff,
`
`who has sustained actual damages may bring an action against another person for those
`
`damages caused by the other person engaging in an act or practice:
`
`(1) defined by
`
`Subchapter B to be an unfair method of competition or an unfair or deceptive act or
`
`practice in the business of insurance; or (2) specifically enumerated in Section 17.46(b),
`
`Business & Commerce Code, as an unlawful deceptive trade practice if the person
`
`bringing the action shows that the person relied on the act or practice to the person’s
`
`detriment.
`
`31.
`
`Ina lawsuit filed under Chapter 541, any plaintiff who prevails may obtain:
`
`a,
`
`b.
`
`c.
`
`d.
`
`The amount of actual damages plus court costs and reasonable necessary
`attorneys’ fees;
`
`An order enjoining such acts of failure to act complained of; or
`
`Any otherrelief which the Court deems proper; and
`
`On a finding by the trier of fact that the defendants knowingly committed
`the act complained of, the trier of act may award an amount not to exceed
`three times the amount of actual damages.
`
`XII.
`LIABILITY FOR VIOLATION OF THIS SUBCHAPTER
`
`32.
`
`If an insurer that is liable for a claim under an insurance policy is not
`
`in
`
`compliance with this subchapter, the insurer is Hable to pay the holder of the policy or
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`PLAINTIFF'S OREGINAL PEFITION-
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`Page [il
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`the beneficiary making the claim under the policy, in addition to the amount of the
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`claim, interest on the amount of the claim at a rate of 18 percent a year as damages,
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`together with reasonable attorneys’ fees. Ifa suit is filed, the attorneys’ fees shall be
`
`taxed as part of the costs in the case.
`
`XIV.
`REMEDIES ARE NOT EXCLUSIVE
`
`33.
`
`Further, pursuant to § 54.061 of the Texas Insurance Code, the remedies provided
`
`by this subchapterare in addition to any other remedy or procedure provided by law orat
`
`commonlaw.
`
`XV.
`DAMAGES TO PLAINTIFF
`
`34.
`
`As a result of the incident described herein, Plaintiff incurred reasonable and
`
`necessary medical expenses and, in all reasonable probability, such medical expenses will
`
`continue in the future.
`
`35.
`
`Plaintiff has experienced mental anguish in the past as a result of their physical
`
`injuries and, in all reasonable probability, will sustain mental anguish in the future as a
`
`result of their physical injuries.
`
`36.
`
`Plaintiff has experienced physical pain and suffering in the past as a result of their
`
`physical
`
`injuries, and in all reasonable probability, will sustain physical pain and
`
`suffering in the future as a resuit of their physical injuries.
`37.
`Plaintiffhas experienced physical impairment or physical incapacity in the past as
`
`a result of the incident and, in all reasonable probability, will sustain physical impairment
`
`or physical incapacity in the future.
`
`38.
`
` Asaresult of the above, Plaintiff seeks damages within the jurisdictional limits of
`
`this Court.
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`PLAINTIFIeS ORIGINAL PETITEON-
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`XVI.
`PROPERTY DAMAGE
`
`39.
`
`Plaintiff suffered damage to his vehicle. As a result, Plaintiff incurred losses to his
`
`vehicle, incurred deductible, and diminution in value after any repairs.
`
`40. Asaresult of the above, Plaintiff seeks damages within the jurisdictional limits of
`
`this Court.
`
`XVIL.
`
`CLAIM FOR PREJUDGMENT AND
`POST-JUDGMENT INTEREST
`
`4].
`
`Plaintiff claimsall lawful pre-judgment and post-judgment interest on the damages
`
`suffered.
`
`XVIH.
`JURY DEMAND
`
`42,
`
`Plaintiff requests that a jury be convenedto try the factual issues in this cause.
`
`WHEREFORE, PREMISES, CONSIDERED,Plaintiff requests that Defendants
`
`be cited to appear and answer, and that on finaltrial Plaintiff have judgment for actual
`
`damages against the Defendants in a sum within the jurisdictional limits of the Court, the
`
`statutory penalty for Defendants failure to comply with the prompt payment provisions of
`
`Chapter 542 of the Texas Insurance Code; a reasonable sum for attorneys’ fees, as found
`
`by the trier of fact, with conditional sums for the services of Plaintiff's attorneys in the
`
`event of subsequent appeals, exemplary damages, pre-judgment and post-judgment
`
`interest as provided by law, costs of suit; and all other and furtherrelief to which Plaintiff
`
`may be justly entitled at law and in equity.
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`PLAINTIFE’?S ORIGINAL PETITION-
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`Page [3
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`Respectfully Submitted,
`
`HENLEY & HENLEY,P. C.
`
`By: /s/_ Will Smith
`WILL SMITH
`Texas Bar No. 24125048
`wsmith@henleylawpc.com
`GEOFF J. HENLEY
`
`Texas Bar No. 00798253
`ghenley@henleylawpc.com
`2520 Fairmount Street
`Suite 200
`Dallas, Texas 75201
`Telephone #: (214) 821-0222
`Facsimile #: (214) 821-0124
`
`ATTORNEYSFOR PLAINTIFF
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`PLAINTIFF?S ORIGINAL PETITION-
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`Page |I4
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