FILED
`4/14/2023 4:51 PM
`JOHN F. WARREN
`COUNTY CLERK
`DALLAS COUNTY
`
`CC-23-02218-E
`
`CAUSE NO.
`
`IN THE COUNTY COURT
`
`§
`
`§ §
`
`§ ATLAW
`§
`§
`§
`§ DALLAS COUNTY, TEXAS
`
`ANDRESA. AGUILAR
`Plaintiff,
`
`V.
`
`RUTH BELTRAN, AND
`SEBEDEO BELTRAN ARAUJO
`Defendants
`
`PLAINTIFF'S ORIGINAL PETITION AND
`REQUEST FOR INITIAL DISCLOSURES TO DEFENDANTS
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`NOW COMES, ANDRESA. AGUILAR,hereinafter called Plaintiff, complaining of and
`
`about RUTH BELTRANand SEBEDEO BELTRAN ARAUJO,hereinafter called Defendants,
`
`and for cause of action show unto the Court the following:
`
`L
`
`DISCOVERY CONTROL PLAN LEVEL
`
`Plaintiff affirmatively pleads that discovery should be conducted under Level
`
`1
`
`in
`
`accordance with Texas Rules of Civil Procedure 190.3. Plaintiff affirmatively pleads that seeks
`
`only monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and
`
`penalties, and costs.
`
`IL.
`
`PARTIES AND SERVICE
`
`Plaintiff, ANDRES A. AGUILAR,is a residentof the City of Dallas, Dallas County, Texas.
`
`Defendant, RUTH BELTRAN,is an individual who is a resident of The State of Texas,
`
`and may be served at 3015 Little Brook Lane, Apt. 1095, Arlington, Texas 76010 or wherever
`
`found. Service of said Defendant as described above can be effected by personal delivery.
`
`Defendant, SEBEDEO BELTRAN ARAUJO,anindividual whois a resident of The State
`
`
`
`PLAINTIFF’S ORIGINAL PETITION AND REQUEST FORINITIAL DISCLOSURES TO DEFENDANTS=PAGE-1
`
`

`

`of Texas, may be served at 3015 Little Brook Lane, Apt. 1095, Arlington, Texas 76010, or
`
`wherever found. Service of said Defendant as described above can be effected by personal
`
`delivery.
`
`Til.
`
`JURISDICTION AND VENUE
`
`The subject matter in controversy is within the jurisdictional limits of this court and this
`
`court has jurisdiction over the parties because Plaintiff is resident of Texas. Venue in Dallas
`
`County is proper in this cause under Section 15.002(a)(1) of the Texas Civil Practice and Remedies
`
`Code becauseall or a substantial part of the events or omissions givingrise to this lawsuit occurred
`
`in this county.
`
`IV.
`NATURE OF CAUSE
`
`Plaintiff brings this cause of action to recover damages for personal injuries and economic
`
`damages sustained by Plaintiff AGUILARarising out of a motor vehicle accident which occurred
`
`on or about May 21, 2021, in the City of Dallas, Dallas County, Texas, when Defendant, RUTH
`
`BELTRAN,wasdriving a motor vehicle negligently and struck Plaintiff's causing a collision with
`
`Plaintiff's motor vehicle.
`
`Vv.
`
`FACTS
`
`Plaintiff adopts and re-alleges Paragraphs IV ofthis Petition to the extent not inconsistent
`
`herewith, and incorporates by referenceall of the above facts and paragraphsasif set forth in full
`
`herein.
`
`On or about May 21, 2021, at approximately 3:48 pm,in the City of Dallas, Dallas County,
`
`Texas, Defendant was negligent in the operation of a motor vehicle. Plaintiff was operating a motor
`
`vehicle in a lawful and prudent mannerwhile traveling westbound on the 3700 block of W. Kiest
`
`
`
`PLAINTIFF’S ORIGINAL PETITION AND REQUEST FORINITIAL DISCLOSURES TO DEFENDANTS=PAGE-2
`
`

`

`Boulevard in Dallas, Texas. Defendant RUTH BELTRANwastraveling eastbound on the 3700
`
`block of W. Kiest Boulevard, failed to yield the right of way to Plaintiff while turning left, and
`
`suddenly and unexpectedly struck Plaintiffs vehicle.
`
`Plaintiff was traveling in a legal and prudent mannerat the time ofthe collision. As a result
`
`of Defendant RUTH BELTRAN’s negligent actions, Plaintiff suffered serious bodily injuries and
`
`damages.
`
`Defendant, RUTH BELTRAN’s actions constitute negligence and proximately caused an
`
`accident in which Plaintiff sustained personal injuries.
`
`VI.
`
`PLAINTIFF'S CLAIM OF NEGLIGENCE
`
`AGAINST RUTH BELTRAN
`
`Plaintiff adopts and re-alleges Paragraphs IV through V ofthis Petition to the extent not
`
`inconsistent herewith, and incorporates by reference all of the above facts and paragraphsasif set
`
`forth in full herein.
`
`Defendant RUTH BELTRANhada duty to exercise the degree of care that a reasonably
`
`careful person would use to avoid harm to others under circumstances similar to those described
`
`herein. Plaintiff's injuries were proximately caused by Defendant RUTH BELTRAN's negligent,
`
`careless and reckless disregard of said duty.
`
`The negligent, careless and reckless disregard of duty of Defendant RUTH BELTRAN
`
`consisted of, but is not limited to, the following acts and omissions:
`
`a. Failing to keep a proper lookout for Plaintiffs safety that would have been
`maintained by a person of ordinary prudence under the same or similar
`circumstances;
`
`b. Failing to turn her motor vehicle to the right/left in an effort to avoid the collision
`complained of;
`
`
`
`PLAINTIFF’S ORIGINAL PETITION AND REQUEST FORINITIAL DISCLOSURES TO DEFENDANTS=PAGE-3
`
`

`

`c.
`
`In that Defendant, RUTH BELTRAN,failed to give Plaintiff the nght of way;
`
`d. Failing to maintain a clear and reasonable distance between Plaintiff's motor
`vehicle and Defendant's motor vehicle which would permit Defendant to bring her
`motor vehicle to a safe stop without colliding into Plaintiffs motor vehicle;
`
`e. Failing to keep such distance away from Plaintiff's motor vehicle as a person using
`ordinary prudent care would have done;
`
`f.
`
`In that Defendant RUTH BELTRANwasoperating her motor vehicle at a rate of
`speed which wasgreater than that would have been operated by a person of ordinary
`prudence under the sameor similar circumstances;
`
`g. Failing to apply the brakes to her motor vehicle in a timely and prudent manner
`and/or wholly failed to apply her brakes;
`
`h. Failing to control her speed;
`
`1. Failing to operate her motor vehicle attentively;
`
`j. Failing to control her motor vehicle;
`
`k. Failing to blow the horn of her vehicle in order to wart other drivers of an imminent
`collision; and
`
`1.
`
`Failing to maintain a proper lookout.
`
`Each of the foregoing acts and/or omissions was a separate and distinct act of negligence
`
`and each wasa direct and proximate cause of the injuries and damagessuffered by the Plaintiff as
`
`described herein below.
`
`Plaintiff would also show that the injuries and damages described herein were proximately
`
`caused by the negligence of Defendant, RUTH BELTRAN.
`
`VIL.
`
`PLAINTIFF'S CLAIM OF NEGLIGENCE PER SE
`AGAINST DEFENDANT RUTH BELTRAN
`
`Plaintiff adopts and re-alleges Paragraphs IV. through VI. of this Petition to the extent not
`
`inconsistent herewith, and incorporates by reference all of the above facts and paragraphs asif set
`
`
`
`PLAINTIFF’S ORIGINAL PETITION AND REQUEST FORINITIAL DISCLOSURES TO DEFENDANTS—PAGE-4
`
`

`

`forth in full herein.
`
`Plaintiff would further show that Defendant RUTH BELTRAN’s actions constitute
`
`Negligent per se as a matter of law. Defendant RUTH BELTRANdirectly violated the provisions
`
`of Vernon's Texas Civil Statutes Annotated in operating a motor vehicle upon a public roadway in
`
`willful or wanton disregard for the safety of persons or property in the State of Texas in a reckless
`
`manner where no exception applied, to-wit:
`
`a. V.T.C.A., Transportation Code, Section 545.401 states in relevant part that: “A person
`commits an offense if the person drives a vehicle in willful or wanton disregard for the
`safety of persons or property.”
`
`b. V.T.C.A Transportation Code, Section 544.010 states in relevant part that “An operator of
`a vehicle or streetcar approaching an intersection with a stop sign shall stop ... where the
`operator has view of approachingtraffic on the intersecting roadway.”
`
`c. V.T.C.A Transportation Code, Section 545.152 states in relevant part that “An operator
`shall yield the right-of-way to a vehicle that is approaching from the opposite direction and
`that is in the intersection or in such proximity to the intersection as to be an immediate
`hazard.”
`
`d. V.T.C.A., Transportation Code, Section 545.351 states in relevant part that: “An operator
`may not drive at a speed greater than is reasonable and prudent under the conditions and
`having regard for actual and potential hazards then existing and shall control the speed of
`the vehicle as necessary to avoid colliding with another person or vehicle...”
`
`The purpose of V.T.C.A., Transportation Code, Sections 545.401, 545.152, and 545.351 is
`
`to regulate the smooth and orderly flow of traffic on streets and public highways and these
`
`provisions were intendedto, inter alia, protect persons from collisions.
`
`Plaintiffis among those persons intended to be protected by V.T.C.A., Transportation Code
`
`Sections 545.401, 545.152, and 545.351. Accordingly, Defendant’s failure to comply with these
`
`provisions of said statutes constitutes a direct violation of the law and Defendant’s individually
`
`and/or collectively are accordingly guilty of Negligence Per Se as a matter of law.
`
`AGENCY CLAIM AGAINST DEFENDANT RUTH BELTRAN
`
`VIL.
`
`
`
`PLAINTIFF’S ORIGINAL PETITION AND REQUEST FORINITIAL DISCLOSURES TO DEFENDANTS=PAGE-5
`
`

`

`Plaintiff adopts and re-alleges Paragraphs IV. through VII. of this Petition to the extent not
`
`inconsistent herewith, and incorporates by reference all of the above facts and paragraphsasif set
`
`forth in full herein.
`
`In addition to and without waiving the foregoing, Plaintiff would show that at the time of
`
`the incident mentioned herein, Defendant, RUTH BELTRAN, was the agent of Defendant,
`
`SEBEDEO BELTRAN ARAUJO,and she was acting within the course and scope of his implied
`
`and/or express authority as such agent. Therefore, Defendants are jointly and severally liable for
`
`Plaintiff's damages under the Doctrine of Respondeat Superior
`
`PLAINTIFF’S CLAIM OF NEGLIGENT ENTRUSTMENT
`
`AGAINST SEBEDEO BELTRAN ARAUJO
`
`IX.
`
`Plaintiff adopts and re-alleges Paragraphs IV through VIIIofthis Petition to the extent not
`
`inconsistent herewith, and incorporates by reference all of the above facts and paragraphsasif set
`
`forth in full herein.
`
`On May 21, 2021, Defendant SEBEDEO BELTRAN ARAUJO, was the owner of the
`
`vehicle operated by Defendant, RUTH BELTRAN. Priorto the Collision in question, Defendant,
`
`SEBEDEO BELTRAN ARAUJO,entrusted its vehicle to Defendant RUTH BELTRANto operate
`
`it in public streets and highways and Defendant RUTH BELTRANoperated the vehicle with
`
`Defendant’s consents and permission. Defendant, SEBEDEO BELTRAN ARAUJO, entrusted
`
`negligently the vehicle to RUTH BELTRAN,an unlicensed, unskilled, unprepared, inexperienced,
`
`incompetent and/or reckless driver. Defendant, SEBEDEO BELTRAN ARAUJO, knew, or
`
`through the exercise of reasonable and ordinary care should have known, that RUTH BELTRAN
`
`was an unlicensed, unskilled, unprepared, inexperienced, incompetent and/or reckless driver.
`
`Defendant, SEBEDEO BELTRAN ARAUJO, wastherefore negligent in entrusting said
`
`
`
`PLAINTIFF’S ORIGINAL PETITION AND REQUEST FORINITIAL DISCLOSURES TO DEFENDANTS
`
` PAGE-6
`
`

`

`vehicle to Defendant, RUTH BELTRAN,and such negligent acts and omissions on the part of
`
`Defendant, SEBEDEO BELTRAN ARAUJO,were done with conscious indifference to the rights
`
`and safety of others, which wasa direct and proximate cause of the collision in question and a
`
`producing cause of the damagessuffered by Plaintiff as described herein.
`
`Defendant, RUTH BELTRAN, was negligent on the occasion in question and such
`
`negligence was the proximate cause ofPlaintiff's injuries and damages.
`
`Xx.
`PROXIMATE CAUSE
`
`Each and every, all and singular of the foregoing acts and omissions, on the part of
`
`Defendants taken separately and/or collectively, constitute a direct and proximate cause of the
`
`injuries and damagesset forth below.
`
`DAMAGES FOR PLAINTIFF ANDRES A. AGUILAR
`
`XI.
`
`Plaintiff adopts and re-alleges Paragraphs IV through X ofthis Petition to the extent not
`
`inconsistent herewith, and incorporates by reference all of the above facts and paragraphsasif set
`
`forth in full herein.
`
`The evidence will show that as a result of the Defendants’ negligent acts, the Plaintiff
`
`AGUILARsustained serious bodily injuries. As a result of those injuries, Plaintiff has incurred
`
`damages. These elements to be considered separately and individually are as follows:
`
`
`a. The amount of reasonable medical expenses necessarily incurred in the treatment
`of Plaintiff's injuries from the date of the incident in question up to the timeoftrial;
`
`b. The reasonable value of medical expenses that will necessarily be incurred in the
`treatment of the Plaintiff's injuries in the future beyond the timeoftrial;
`
`c. The physical pain and suffering that the Plaintiff felt from the date of the incident
`in question up to the timeoftrial;
`
`d. The physical pain and suffering that the Plaintiff will feel in the future beyond the
`time oftrial;
`
`
`PLAINTIFF’S ORIGINAL PETITION AND REQUEST FORINITIAL DISCLOSURES TO DEFENDANTS~PAGE-7
`
`

`

`e. The mental anguish that the Plaintiff suffered from the date of the occurrence in
`question up to the timeoftrial;
`
`f. The mental anguish that the Plaintiff will suffer in the future beyond the time of
`trial;
`
`g. The damagesresulting from the physical impairment suffered by the Plaintiff and
`the resulting inability to do those things that the Plaintiff ordinarily would have
`been able to do from the date of the incident up to the time oftrial; and
`
`h. The damagesresulting from the physical impairmentthat the Plaintiff will
`continue to suffer in the future and the resulting inability to do those thingsthat
`the Plaintiff would ordinarily have been able to perform 1n the future beyond the
`timeoftrial.
`
`Plaintiff will show that as a proximate cause of the negligence of the Defendants, he has
`
`suffered serious and painful injuries to his body.
`
`In all reasonable probability, the Plaintiff will
`
`suffer long into the future pain and discomfort. The injuries have had a serious effect on the
`
`Plaintiff's health and well-being.
`
`The Plaintiff will show that all of the above-described damages were proximately caused
`
`by the negligence of the Defendants named herein and said negligence was a producing cause of
`
`Plaintiffs injuries and damages for which Plaintiff hereby sues in the amount within the
`
`jurisdictional limits of the Court.
`
`XII.
`
`PROXIMATE CAUSE
`
`Each and every, all and singular of the foregoing acts and omissions, on the part of
`
`Defendants, taken separately and/or collectively, constitute a direct and proximate cause of the
`
`injuries and damagesset forth below.
`
`XIII.
`
`JURY DEMAND
`
`Plaintiff respectfully demandsa Trial by Jury on the issues of this cause and respectfully
`
`
`
`PLAINTIFF’S ORIGINAL PETITION AND REQUEST FORINITIAL DISCLOSURES TO DEFENDANTS=PAGE-8
`
`

`

`requests that this cause be placed on the Jury Docket.
`
`XIV.
`
`REQUEST FOR INITIAL DISCLOSURES
`
`Under the authority of Texas Rules of Civil Procedure 194, Plaintiff requests that each
`
`Defendant discloses the information or material described in Rule 194.2(a)-(1) of the Texas Rules
`
`of Civil Procedure.
`
`XV.
`
`RULE 193.7 NOTICE
`
`Pursuant to Texas Rules of Civil Procedure 193.7, this will serve as notice that Plaintiff
`
`intends to use produced document against Defendants in pretrial proceedings and at
`
`trial.
`
`Accordingly, production of a document/s in response to this Request for Disclosure authenticates
`
`the document/s for use against Defendants in any pretrial proceeding orat trial unless Defendants
`
`object to the authenticity of any produced document/s within the time limits as particularly set out
`
`in Texas Rules of Civil Procedure 193.7.
`
`PRAYER
`
`WHEREFORE, PREMISES CONSIDERED, Plaintiff, ANDRES A. AGUILAR,
`
`respectfully prays that Defendants, RUTH BELTRAN and SEBEDEO BELTRAN ARAUJO be
`
`cited to appear and answerherein, and that upon a final hearing of the cause, judgment be entered
`
`for the Plaintiff against Defendants, jointly and severally, for damages in an amount within the
`
`jurisdictional limits of the Court; together with pre-judgmentinterest (from the date of injury
`
`through the date ofjudgment) at the maximum rate allowed by law; post-judgment interest at the
`
`legal rate, costs of court; and such other and further relief to which the Plaintiff may be entitled at
`
`law or in equity.
`
`
`
`PLAINTIFF’S ORIGINAL PETITION AND REQUEST FORINITIAL DISCLOSURES TO DEFENDANTS=PAGE-9
`
`

`

`Respectfully submitted,
`
`Law Offices of Juan C. Rodriguez, PLLC
`2400 Catherine Street
`Dallas, Texas 75211
`Tel. (214) 214-7777
`Fax. (214) 705-3763
`
`
`
`
`“Tuan O,\Rodriguez
`Tox s
`BarNo. 24076658
`
`eservic§@jcrlawfirm.com
`
`juan@jcrlawfirm.com
`ATTORNEYS FOR PLAINTIFF
`
`
`
`PLAINTIFF’S ORIGINAL PETITION AND REQUEST FORINITIAL DISCLOSURES TO DEFENDANTS PAGE-10
`
`

`

`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.
`
`Vanessa Nunezon behalf of Juan Rodriguez
`Bar No. 24076658
`vanessa@jcrlawfirm.com
`Envelope ID: 74673764
`Filing Code Description: Ody - Correspondence
`Filing Description:
`Status as of 4/17/2023 8:41 AM CST
`
`Associated Case Party: ANDRESA.AGUILAR
`
`BarNumber
`
`TimestampSubmitted
`
`4/14/2023 4:51:52 PM|SENT
`
`JCR LAW ESERVICE po ESERVICE@JCRLAWFIRM.COM| 4/14/2023 4:51:52 PM|SENT
`[VanessaNunez=f vanessa@jcrlawfirm.com 4/14/2023 4:51:52 PM|SENT
`
`JUAN C.RODRIGUEZ P| JUAN@JCRLAWFIRM.COM
`
`