CAUSE NO. CC-23-06865-C
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`VS.
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`SHELBY DALE KEEN
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`§
`§
`§
`§
`TRANG THUY ON AND PROGRESSIVE §
`COUNTY
`MUTUAL
`INSURANCE
`COMPANY
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`FILED
`10/30/2023 11:32 AM
`JOHN F. WARREN
`COUNTY CLERK
`DALLAS COUNTY
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`IN THE COUNTY COURT
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`AT LAW NO. 3
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`DALLAS COUNTY, TEXAS
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`PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION
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`NOW COMESPlaintiff, Shelby Dale Keen, complaining of Defendant Trang Thuy On and
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`Progressive County Mutual Insurance Company, and for causes of Action would respectfully show
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`the Court as follows:
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`DISCOVERY LEVEL
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`1.
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`Plaintiff affirmatively pleads that they seek monetary relief less than $75,000.00,
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`excluding costs, pre-judgment interest. Discovery is to be conducted under Level 2, Tex. R. Civ.
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`P. 190.3.
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`2.
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`3.
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`PARTIES
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`Plaintiff is an individual resident of Rockwall County, Texas.
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`Defendant Trang Thuy On is an individual resident of Dallas County, Texas, and
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`may beserved with processat their place of residence: 3013 Villa Sur Trail, Dallas, TX 75228, or
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`wherever they may be found. NO CITATION REQUIRED.
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`4.
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`Defendant Progressive County Mutual Insurance Company is a corporation, sole
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`proprietorship, partnership, unincorporated association, or a company doing businessin the State
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`of Texas. Said Defendant may be served with process by serving its registered agent for service of
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`process, C T Corporation System, 1999 Bryan Street. Suite 900, Dallas, TX 75201. CITATION
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`REQUESTED.
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`5.
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`Defendant Trang Thuy On as named in this petition is intended by Plaintiff to
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`indicate the operator of the vehicle involved in the motor vehicle collision with Plaintiff on or
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`about November 2, 2021 in Dallas County, Texas.
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`VENUE
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`6.
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`Venue in Dallas County is proper in this cause because the automobile collision
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`Plaintiff's First Amended Original Petition - Page 1
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`

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`which formsthe basis of this controversy occurred in said county. Venueis also proper in Dallas
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`County because this county is where Plaintiff resided and where the Plaintiff resided at the time
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`of this accident. Also, venue is proper in Dallas County because Jurisdiction is also properin this
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`Court pursuant to 28 USC 1332 (c) (1). No diversity of citizenship exists because the causes of
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`action asserted herein are directly against Defendant Progressive County Mutual Insurance
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`Company andin accordance with 28 U.C.S. 1332 (c) (1) the Defendants are deemed a citizen of
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`the State of Texas since their insureds are citizens of State of Texas.
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`JURISDICTION
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`7.
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`8.
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`Plaintiff seeks damages within the jurisdictional minimum ofthis Court.
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`ASSUMED NAME
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`Defendant Progressive County Mutual Insurance Company is being sued under
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`their common or assumed namesas per Texas Rules of Civil Procedure, Rule 28. In the event any
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`parties are misnamed or are not included herein, it is the Plaintiff contention that such was a
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`“misidentification,”
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`“misnomer,” and/or such parties are/were “alter egos” of parties named
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`99
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`66.
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`herein. Alternatively, Plaintiff contends that such “corporate veils” should be pierced to hold such
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`parties properly included in the interest ofjustice.
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`FACTS
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`9. On or about November2, 2021, Plaintiff Shelby Dale Keen was stoppedatatraffic
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`signal at the intersection of FM 544 and Plano Parkway when the Defendant rearended Plaintiff's
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`vehicle. Damaging Plaintiff's vehicle and inflicting injury upon Plaintiff. The collision and injuries
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`to Plaintiff were proximately caused by the negligence of Defendant Trang Thuy On in the
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`following respects:
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`(a)
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`(b)
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`(c)
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`(d)
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`(e)
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`(f)
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`Failure to keep a proper lookout;
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`Failure to maintain proper control of the vehicle;
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`Failure to sufficiently or properly apply brakes;
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`Failure to take proper evasive action to avoid a collision;
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`Failure to maintain an assured clear distance between the vehicles;
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`Traveling at a rate of speed that was excessive underthe circumstances
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`Plaintiff's First Amended Original Petition - Page 2
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`and conditions prevailing at the time ofthe collision; and
`Driver inattention.
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`(g)
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`DAMAGES
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`10.
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`Asthe result of Defendant’s negligence, Plaintiff suffered injuries. As the result of
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`Defendant’s negligence, Plaintiff has suffered loss of earning capacity, pain, suffering, mental
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`anguish, physical impairment, and a diminished capacity to pursue normal activities. Plaintiff's
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`pain and suffering has continued since the date of the collision and will, in all probability, continue
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`into the future.
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`11.
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`Plaintiff received reasonable and necessary medical treatment and health care for
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`the injuries suffered in the collision and will likely continue to receive treatment in the future. As
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`the result of Defendant’s negligence, Plaintiff has incurred fair, reasonable, usual, and customary
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`medical and health-care expenses for that treatment, and will likely incur additional medical
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`expensesin the future.
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`12.
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`On November2, 2021, the date of the accident, the Plaintiff was covered person
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`under an insurance policy issued by Defendant Progressive County Mutual Insurance Company.
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`The policy provided coverage for the occupants of the vehicle, which included Plaintiff at the time
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`of the collision. This policy included coverage for losses from an automobile accident which
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`resulted in bodily injury, and which was caused by an uninsured/underinsured motorist. Coverage
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`under the policy wasat least in the amountofthirty thousand dollars ($30,000.00) per person and
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`sixty thousand dollars ($60,000.00) per occurrence.
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`13.
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`As of today’s date, despite having ample time to investigate Plaintiffs claims,
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`Defendant Progressive County Mutual Insurance Company have refused to tender policy limits or
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`make reasonable payments on Plaintiff's claim.
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`Plaintiff's First Amended Original Petition - Page 3
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`PETITION FOR DECLARATORYRELIEF
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`14.
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`At the timeofthe collision at issue in this lawsuit, Plaintiff was covered by a policy
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`issued by Defendant Progressive County Mutual Insurance Company. The policy wasin full force
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`and in effect at the time of the collision. The at-fault driver, Defendant Trang Thuy On,is an
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`“underinsured motorist” as defined in the policy. Plaintiff has fully complied with all
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`the
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`conditions of the insurance policy prior to bringing this lawsuit. All conditions precedent have
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`been performed or have occurred. Nevertheless, Defendant Progressive County Mutual Insurance
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`Company, has failed and refused to pay Plaintiff fair benefits under the policy. Defendant
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`Progressive County Mutual Insurance Companyis liable for the damages sustained by Plaintiff.
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`15.
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`Plaintiff seeks a declaration from the Court that there is coverage under the
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`Uninsured/Underinsured motorist coverage portion of the Insurance Policy issued to her by
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`Defendant Progressive County Mutual Insurance Company,for the injuries and damagessustained
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`in the automobile collision that occurred on the date referenced above.
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`16.
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`Furthermore, Plaintiff asserts this claim under Texas Civil Practices and Remedies
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`Code §37.001, et seq. to have their rights, status and other legal relationships under the Insurance
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`Policy with Defendant Progressive County Mutual Insurance Companyestablished by a Court of
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`competent
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`jurisdiction.
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`Plaintiff
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`specifically
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`requests
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`that
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`her
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`right
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`to
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`collect
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`Uninsured/Underinsured insurance proceeds under the policy of insurance with Defendant
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`Progressive County Mutual Insurance Company,be declared, the amountsheis entitled to recover
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`and that they are entitled to recover the insurance proceeds under the above-referenced section,
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`notwithstanding the existence of other insurance of a different kind, specifically, but not limited
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`to health insurance, or that third parties may be responsible for the damages suffered except as
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`specifically provided in the policy.
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`Plaintiff's First Amended Original Petition - Page 4
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`17.
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`Plaintiff now asks the Court, pursuant to the Texas Declaratory Judgments Act
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`§37.001 et. seq., for a declaration that Plaintiff injuries and damagesfall within the coverage of
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`the Insurance Policy issued by Defendant Progressive County Mutual Insurance Company, and for
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`a declaration of their rights to such benefits.
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`VIOLATIONS OF THE TEXAS INSURANCE CODE
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`18.
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`All conditions precedent has been performed or have occurred. Nevertheless,
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`Defendant Progressive County Mutual Insurance Company, has failed and refused, andstill fail
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`and refuse, to pay Plaintiff the benefits to which she is entitled to properly and fully compensate
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`them for their damages under the Insurance Policy as it is contractually required to do. Rather,
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`Defendant Progressive County Mutual and_through_theirInsurance Company, by
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`
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`representatives/adjusters, engaged violations of the Texas Insurance Code. Defendant Progressive
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`County Mutual Insurance Company representatives and adjusters, by and on behalf of Defendant
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`Progressive County Mutual Insurance Company, and with Defendant Progressive County Mutual
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`Insurance Company’s full knowledge andratification, refused to tender a reasonable offer of
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`settlement when liability had become reasonably clear in violation of Texas Insurance Code
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`§541.060. Such conduct is part of a state-wide scheme and pattern of conduct by Defendant
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`Progressive County Mutual Insurance Companyonfirst-party claims similar to those of Plaintiff's
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`to deny, delay and underpay valid claimsin direct violation of Texas laws.
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`ATTORNEYS FEES
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`19.
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`Pursuant to Tex. Civ. Prac. & Rem. Code Ch. 37, Plaintiff seeks recovery of
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`reasonable and necessary attorneys’ fees from Defendant Progressive County Mutual Insurance
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`Company, for which she hereby sues.
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`Plaintiff's First Amended Original Petition - Page 5
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`PRAYER
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`WHEREFORE, PREMISES CONSIDERED,Plaintiff Shelby Dale Keen prays that
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`Defendant Trang Thuy On be duly cited to appear and answer herein and that, upon finaltrial
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`hereof, Plaintiff recover judgment against Defendant for his damages as set forth above; pre-
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`judgmentand post-judgmentinterest; costs of Court; and such other and further relief to which
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`Plaintiff may be justly entitled, whether at law or in equity.
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`Respectfully submitted,
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`BEST, WATSON & GILBERT,P.C.
`870 W. Interstate 30
`Garland, Texas 75043
`(214) 528-6060
`214-528-6020 [Telecopier]
`mmasek@bestlawcenter.com
`E-Service: masekteam@bestlawcenter.com
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`By:
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`
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`State Bar No. 24089910
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`ATTORNEYS FOR PLAINTIFFS
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`Plaintiff's First Amended Original Petition - Page 6
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`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the personslisted below. The rules governing
`certificates of service have not changed. Filers muststill provide a
`certificate of service that complies with all applicable rules.
`
`Laura Guzman on behalf of Matthew Masek
`Bar No. 24089910
`Iguzman@bestlawcenter.com
`Envelope ID: 81095813
`Filing Code Description: Ody - AmendedPetition
`Filing Description: FIRST AMENDED
`Status as of 11/1/2023 2:48 PM CST
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`Case Contacts
`
` [Laura
`
`Guzman} masekteam@bestlawcenter.com|10/30/2023 11:32:12 AM|SENT
`
`