Electronically Filed
`2/15/2023 1:36 PM
`Hidalgo County District Clerks
`Reviewed By: Armando Cantu
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`C-0649-23-L
`CAUSE NO. _____________________
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`IN THE DISTRICT COURT OF
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`HIDALGO COUNTY, TEXAS
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`____ JUDICIAL DISTRICT COURT
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`MARCO DELEON AND
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`BETTY DELEON,
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`Plaintiffs,
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`VS.
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`ERNESTO E. ROSILES AND
`SPACE EXPLORATION
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`TECHNOLOGIES CORP.,
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`Defendants.
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`PLAINTIFFS’ ORIGINAL PETITION
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`COME NOW Plaintiffs MARCO DELEON AND BETTY DELEON and file this
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`Original Petition complaining of ERNESTO E. ROSILES AND SPACE EXPLORATION
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`TECHNOLOGIES CORP., for causes of action, Plaintiffs would show as follows:
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`I.
`Discovery Control Plan
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`Discovery in this action is intended to be conducted under Level 3, in accordance with Rule
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`1.
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`190.4 of the TEXAS RULES OF CIVIL PROCEDURE.
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`II.
`Parties
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`Plaintiff MARCO DELEON is an individual and resident of Starr County, Texas.
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`Plaintiff BETTY DELEON is an individual and resident of Starr County, Texas.
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`Defendant ERNESTO E. ROSILES is an individual and resident of Hidalgo County,
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`2.
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`3.
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`4.
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`Texas. He may be served with process at his residence at 712 Roy Street, Donna, Texas 78537 or
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`wherever he may be found.
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`1
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`2/15/2023 1:36 PM
`Hidalgo County District Clerks
`Reviewed By: Armando Cantu
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`C-0649-23-L
`CAUSE NO. _____________________
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`§
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`IN THE DISTRICT COURT OF
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`HIDALGO COUNTY, TEXAS
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`____ JUDICIAL DISTRICT COURT
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`MARCO DELEON AND
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`BETTY DELEON,
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`
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`Plaintiffs,
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`VS.
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`ERNESTO E. ROSILES AND
`SPACE EXPLORATION
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`TECHNOLOGIES CORP.,
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`Defendants.
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`PLAINTIFFS’ ORIGINAL PETITION
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`TO THE HONORABLE JUDGE OF SAID COURT:
`
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`COME NOW Plaintiffs MARCO DELEON AND BETTY DELEON and file this
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`Original Petition complaining of ERNESTO E. ROSILES AND SPACE EXPLORATION
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`TECHNOLOGIES CORP., for causes of action, Plaintiffs would show as follows:
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`I.
`Discovery Control Plan
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`Discovery in this action is intended to be conducted under Level 3, in accordance with Rule
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`1.
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`190.4 of the TEXAS RULES OF CIVIL PROCEDURE.
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`II.
`Parties
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`Plaintiff MARCO DELEON is an individual and resident of Starr County, Texas.
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`Plaintiff BETTY DELEON is an individual and resident of Starr County, Texas.
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`Defendant ERNESTO E. ROSILES is an individual and resident of Hidalgo County,
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`2.
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`3.
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`4.
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`Texas. He may be served with process at his residence at 712 Roy Street, Donna, Texas 78537 or
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`wherever he may be found.
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`1
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`C-0649-23-L
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`Electronically Filed
`2/15/2023 1:36 PM
`Hidalgo County District Clerks
`Reviewed By: Armando Cantu
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`5.
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`Defendant SPACE EXPLORATION TECHNOLOGIES CORP. (“SPACEX”) is a
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`Delaware corporation with its principal place of business located in El Segundo, California.
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`SpaceX may be served with process through its registered agent, Corporation Service Company
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`dba CSC – Lawyers Incorporating Service Company, at 211 E. 7th Street, Suite 620, Austin, Texas
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`78701, or wherever it may be found.
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`6.
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`Plaintiffs specifically invoke the right to institute this suit against whatever entity was
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`conducting business using the assumed or common name of “Space Exploration Technologies
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`Corp.” with regard to the events described in this Petition. Plaintiffs expressly invoke their right
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`under Rule 28 of the Texas Rules of Civil Procedure to have the true name of this party substituted
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`at a later time upon the motion of any party or of the Court.
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`III.
`Venue
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`Venue is proper in Hidalgo County, Texas, in that the Defendant resided in Hidalgo
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`7.
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`County, Texas at the time of the incident made the basis of this lawsuit.
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`IV.
`Jurisdiction
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`This Court has jurisdiction in this matter because the damages to Plaintiffs are within the
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`8.
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`jurisdictional limits of this Court.
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`V.
`Factual Background
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`9.
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`Plaintiffs’ cause of action arises from an automobile collision that occurred on or about
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`July 17, 2022, in Cameron County, Texas. Plaintiffs were traveling westbound on State Highway
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`4. Defendant Rosiles was driving a vehicle owned by Defendant SpaceX and was traveling
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`eastbound on State Highway 4. As Plaintiffs approached, Defendant Rosiles made turned when it
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`2
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`C-0649-23-L
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`Electronically Filed
`2/15/2023 1:36 PM
`Hidalgo County District Clerks
`Reviewed By: Armando Cantu
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`was unsafe to do so, causing a collision with the Plaintiffs’ vehicle. The impact caused the
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`Plaintiffs serious injuries.
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`10.
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`Defendant SpaceX owned the vehicle Defendant Rosiles was driving. Defendant Rosiles
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`was employed by Defendant SpaceX. Defendant SpaceX permitted Defendant Rosiles to drive the
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`vehicle in the course and scope of his employment with them.
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`VI.
`Causes of Action
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`Negligence and Negligence Per Se
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`Plaintiffs incorporate the preceding paragraphs of this Petition as if set forth fully below.
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`At the time of the incident, Defendant Rosiles was operating the vehicle negligently.
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`A.
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`11.
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`12.
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`Defendant Rosiles had a duty to exercise ordinary care and operate the vehicle reasonably and
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`prudently. Defendant Rosiles’ negligence was the proximate cause of the Plaintiffs’ injuries.
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`Defendant Rosiles breached that duty in one or more of the following ways:
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`13.
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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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`Failing to timely apply the brakes;
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`Failing to turn when it was safe to do so;
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`Failing to maintain a proper lookout;
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`Driving the vehicle at a rate of speed greater than that at which an ordinary and
`prudent person would have driven under the same or similar circumstances; and
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`Failing to operate the vehicle with the appropriate regard for the safety of all
`persons.
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`Each of the foregoing acts and/or omissions proximately caused the Plaintiffs’ damages.
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`Defendant Rosiles’ acts also constitute negligence per se, as his actions were a direct and unexcused
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`violation of Texas traffic laws, and the Plaintiffs are members of the class protected by those laws.
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`14.
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`Defendant SpaceX employed Defendant Rosiles at the time of the incident and Defendant
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`Rosiles was, at all relevant times, acting in the course and scope of his employment with Defendant
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`3
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`C-0649-23-L
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`Electronically Filed
`2/15/2023 1:36 PM
`Hidalgo County District Clerks
`Reviewed By: Armando Cantu
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`SpaceX. The acts of negligence committed by Defendant Rosiles arose directly out of and were
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`done in prosecution of the business that he was employed to do by Defendant SpaceX, who is
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`therefore liable under the doctrine of Respondeat Superior for the negligent actions of Defendant
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`Rosiles.
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`VII.
`Damages Demanded from Defendants
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`At this time, the full extent of Plaintiffs’ damages is not known. At the time of filing this
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`15.
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`lawsuit, Plaintiffs seek monetary relief “over $1,000,000” in accordance with TRCP paragraph (c)
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`(4) of R. 47, however, Plaintiffs know that, ultimately, a jury will determine the full value of
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`damages. Plaintiffs reserve the right to amend this petition, including this provision, as the case
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`continues.
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`16.
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`Plaintiffs seek recovery of the following categories of damages from Defendants: (1) past
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`and future physical pain; (2) past and future mental pain and anguish; (3) past and future medical
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`expenses; (4) past and future lost wages; (5) disfigurement; (6) past and future physical
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`impairment; (7) property damage; (8) loss of use of their vehicle; and (9) diminished value of their
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`vehicle.
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`17.
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`As a further result of Defendants’ negligence and/or negligence per se as described above,
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`Plaintiffs have incurred expenses for medical care and attention and such expenses are continuing
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`to accrue as of the filing of this petition. All of these expenses are reasonable and customary in the
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`localities in which they were incurred.
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`18.
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`As a further result of the injuries sustained by Plaintiffs, there is a reasonable probability
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`that Plaintiffs will require further medical care and attention and will incur future reasonable and
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`necessary expenses for this medical care and attention.
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`4
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`C-0649-23-L
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`Electronically Filed
`2/15/2023 1:36 PM
`Hidalgo County District Clerks
`Reviewed By: Armando Cantu
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`VIII.
`Preservation of Evidence
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`Plaintiffs hereby request and demand that Defendants preserve and maintain all evidence
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`19.
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`pertaining to any claim or defense related to the incident made the basis of this lawsuit, or the
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`damages resulting therefrom, including photographs; videotapes; audiotapes; recordings; business
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`or medical records; bills; estimates; invoices; checks; correspondence; memoranda; files;
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`facsimiles; email; voice mail; text messages; investigation; cellular telephone records; calendar
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`entries; and any electronic image, data, or information related to the Plaintiffs, the referenced
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`incident, or any damages resulting therefrom. Failure to maintain such items will constitute
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`spoliation of the evidence.
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`IX.
`Required Disclosure
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`Pursuant to Texas Rule of Civil Procedure 194(a), each Defendant is required to disclose,
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`20.
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`within thirty (30) days of the filing of the first answer, the information or material described in
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`Rule 194.2(b)1-12. Any Defendant that is served or otherwise joined after the filing of the first
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`answer must make their initial disclosures within thirty (30) days after being served or joined.
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`X.
`Designated E-Service Email Address
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`The following is the undersigned attorney’s designated e-Service email address for
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`21.
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`all e-service documents and notices, filed and unfiled, pursuant to Tex. R. Civ. P. 21(f)(2) &
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`21(a): taylor@lapezejohns.com. This is the undersigned’s only e-Service email address, and
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`service through any other email address will be considered invalid.
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`WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Defendants be
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`cited to appear and answer, and that on final trial Plaintiffs have:
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`5
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`C-0649-23-L
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`Electronically Filed
`2/15/2023 1:36 PM
`Hidalgo County District Clerks
`Reviewed By: Armando Cantu
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`A.
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`B.
`C.
`D.
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`Judgment against Defendants in a sum in excess of the minimum jurisdictional
`limits of the Court for Plaintiffs’ damages;
`Prejudgment interest;
`Post-judgment interest;
`Costs of court; and
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`All such other relief, at law or in equity, to which Plaintiffs may show themselves to be
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`entitled.
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`Respectfully submitted,
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`LAPEZE & JOHNS, P.L.L.C.
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` __________________________
`Keith W. Lapeze
`Texas Bar No. 24010176
`Taylor Shipman
`Texas Bar No. 24079323
`601 Sawyer Street, Suite 650
`Houston, Texas 77007
`(713) 739-1010 Telephone
`(713) 739-1015 Fax
`taylor@lapezejohns.com
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`ATTORNEYS FOR PLAINTIFFS
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`6
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`C-0649-23-L
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`February 15, 2023
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`(713) 739-1010
`Fax: (713) 739-1015
`taylor@lapezejohns.com
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`
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`Taylor L. Shipman
`601 Sawyer Street, Suite 650
`Houston, Texas 77007
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`Via E-File
`Ms. Laura Hinojosa
`Hidalgo County District Clerk
`100 N. Closner
`Edinburg, Texas 78539
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`Re:
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`Cause No. ___________; Marco Deleon and Betty Deleon v. Ernesto E. Rosiles, et al.; In
`the ____ Judicial District Court of Hidalgo County, Texas.
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`Dear Ms. Hinojosa:
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`Enclosed please find the following documents for filing in the above-referenced matter:
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`Plaintiffs’ Original Petition
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` I
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` would appreciate you filing this Petition and issuing a citation for the Defendants to be
`served the Petition at the addresses indicated in Section II. We have paid the filing fee, which
`includes the cost of issuance of citation on the Defendants, via our E-filing service provider.
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`If any further funds are needed as filing costs in this matter please notify us immediately
`so that we may provide you a supplement check.
`Thank you for your assistance in this matter
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`Sincerely,
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`Taylor Shipman
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`www.lapezejohns.com
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