IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

PATRICIA A. CRUZ §

Plaintiff, §

§

VS. § CIVIL ACTION NO. 20-cv-00358

§

GABRIELA GUERRA BARRERA, §

D/B/A TRANSPORTES GOGUE, AND §

OSCAR OLVEDA RIVERA §

Defendants. §

PLAINTIFF’S ORIGINAL COMPLAINT

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES PATRICIA A. CRUZ, Plaintiff herein, complaining of GABRIELA 

GUERRA BARRERA, D/B/A TRANSPORTES GOGUE, and OSCAR OLVEDA RIVERA, 

Defendants herein, and would show the Court as follows:

PARTIES

1. Plaintiff, PATRICIA A. CRUZ, an individual and citizen of the State of Texas 

and resides in Eagle Pass, Maverick County, Texas.

2. Defendant, GABRIELA GUERRA BARRERA, D/B/A TRANSPORTES 

GOGUE, (hereinafter referred to as Defendant GOGUE), is a foreign company doing business in 

the State of Texas. This Defendant has sought and received authority to operate commercial motor 

vehicles on the roadways of the State of Texas. As an extension of that authority, this Defendant 

has consented to personal jurisdiction by United States courts for suits arising out of the operation 

of commercial motor vehicles. Consequently, and pursuant to federal rule, specifically §§13303(a) 

and 13304(a) of the ICC Termination Act of 1995, this Defendant has designated a resident of the 

state of Texas as a registered agent to receive and accept service of legal process in its name. As 

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such, this Defendant may be served with process by personally serving its agent for service of 

process, Lesuia A. Ramos, 1699 E. Main Street, Suite 16, Eagle Pass, Texas 78852. 

Alternatively, by virtue of the fact that this suit stems from the operation of a motor vehicle on the 

public roads of Texas, as more particularly described below, this Defendant has appointed the 

Chairman of the State Highway and Public Transportation Commission as its agent and whom 

citation may be served in accordance with §17.062 and 17.063 of Texas Civil Practice and 

Remedies Code. Therefore, this Defendant may be served with process in accordance with 

§17.062(a), of the Texas Civil Practice and Remedies Code by serving a copy of the summons and 

complaint by certified mail, return receipt requested, to the Chairman of Texas Transportation 

Commission, Mr. J. Bruce Bugg, Jr., at the Texas Department of Transportation, 125 E. 11th Street, 

Austin, Texas 78701, who will in turn forward a copy of the summons and complaint by certified 

mail, return receipt requested, to Defendant GOGUE’S place of business at Estatuto Juridico No. 

101, FSTSE, Piedras Negras, Coahuila, Mexico 26068.

3. Defendant, OSCAR OLVEDA RIVERA, (hereinafter referred to as Defendant 

RIVERA), is an individual and citizen of the Republic of Mexico, in the state of Coahuila. This 

Defendant may be served with process in accordance with §17.062(a), of the Texas Civil Practice 

and Remedies Code by serving a copy of the summons and complaint by certified mail, return 

receipt requested, to the Chairman of the Texas Transportation Commission, Mr. J. Bruce Bugg, 

Jr., at the Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701, who will 

in turn forward a copy of the summons and complaint by certified or registered mail, return receipt 

requested, to Defendant RIVERA’S place of employment at Estatuto Juridico No. 101, FSTSE, 

Piedras Negras, Coahuila, Mexico 26068.

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JURISDICTION

4. The Court has jurisdiction over this lawsuit pursuant to 28 U.S.C. §1332(a)(2) 

because Plaintiff is a citizen of the State of Texas and Defendants are citizens of a foreign state, 

and the amount in controversy exceeds Seventy-Five Thousand Dollars ($75,000.00), excluding 

interest and costs. Specifically, Plaintiff is a citizen of the State of Texas. Defendant GOGUE is 

a company formed under the laws of Mexico and doing business in the State of Texas. Defendant 

RIVERA is a citizen of the Republic of Mexico.

VENUE

5. Venue is proper in this district because it is the district in which a substantial part 

of the events or omissions giving rise to the claims occurred. See 28 U.S.C. § 1391(b). This claim 

arises out of a motor vehicle collision occurring on December 17, 2018 in Eagle Pass, Maverick

County, Texas.

FACTS

6. Plaintiff PATRICIA A. CRUZ would show the Court that on or about December 

17, 2018, she was driving a 1993 Chevrolet Silverado pick-up truck and was stopped at a red traffic 

light facing eastbound on the turning lane of El Indio Highway at the intersection with S. Veterans 

Boulevard. Defendant RIVERA, operating a 1992 white Freightliner tractor and towing a 1996 

black trailer, was traveling behind Plaintiff’s vehicle. On said date, Defendant RIVERA failed to 

maintain an assured clear distance between the tractor trailer combination he was operating and 

the Plaintiff’s vehicle and thus struck the rear of Plaintiff’s pick-up truck. As a result of the impact, 

Plaintiff PATRICIA A. CRUZ suffered injuries to her abdomen, neck, low back, and head.

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NEGLIGENCE OF DEFENDANT RIVERA

7. In causing the collision of the vehicles involved, Defendant RIVERA was guilty 

of various acts or omissions which constitute negligence as enumerated below, each of which 

constitutes a proximate cause of Plaintiff’s injuries and damages, to wit:

a. In failing to keep a proper lookout for other traffic as a reasonable and 

prudent person would have done under the same or similar circumstances;

b. In failing to safely operate the vehicle he was driving while in the course 

and scope of his employment as a reasonable and prudent person would 

have done under the same or similar circumstances;

c. In failing to maintain proper control of his vehicle as a reasonable and 

prudent person would have done under the same or similar circumstances;

d. In failing to timely apply the brakes to the vehicle he was operating in order 

to avoid the collision in question;

e. In failing to take proper evasive action in order to avoid said collision;

f. In failing to control the speed of his vehicle as a reasonable and prudent 

person would have done; and

g. In failing to maintain an assured clear distance between his vehicle and the 

Plaintiff’s vehicle in violation of Texas Transportation Code § 545.062.

8. Plaintiff would show that each of the foregoing acts and/or omissions was a separate 

and distinct act of negligence and each was a direct and proximate cause of the injuries and 

damages suffered by the Plaintiff as described herein below.

RESPONDEAT SUPERIOR

9. At the time of the collision described above, Defendant RIVERA was the agent, 

servant, and/or employee of Defendant GOGUE, and was acting within the course and scope of 

his employment as agent, servant and/or employee of Defendant GOGUE. Defendant RIVERA

was operating the 1992 Freightliner tractor truck and trailer combination on the public streets and 

highways of the State of Texas in furtherance of Defendant, GOGUE’S business. Defendant 

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RIVERA was operating the 1992 Freightliner tractor truck and trailer combination with the 

knowledge, and consent of Defendant GOGUE. Therefore, Defendant GOGUE is liable under 

the doctrine of Respondeat Superior.

DAMAGES

10. Plaintiff PATRICIA A. CRUZ, would show that as a direct and proximate cause 

of the aforesaid negligence of the above named Defendants, she sustained injuries to her abdomen, 

neck, low back, and head, and she has suffered physical pain and mental anguish in the past and 

in all reasonable probability will continue to so suffer in the future; she has suffered physical 

impairment in the past and in all reasonable probability will continue to so suffer in the future; she 

has suffered impairment to her earning capacity in the past and in all reasonable probability will 

continue to suffer a loss of wage earning capacity in the future. Plaintiff PATRICIA A. CRUZ

has incurred reasonable and necessary medical expenses for the proper treatment of her injuries in 

the past and in all reasonable probability will continue to incur medical expenses in the future. 

JURY DEMAND

11. The Plaintiff demands a jury trial on all issues which may be tried to a jury.

PRAYER

12. Premises considered, the Plaintiff asks that the Defendants be cited to appear and 

answer and that, upon final trial, the court enter judgment against the Defendants for Plaintiff’s

actual damages in the amount of Six Hundred and Seventy Five Thousand Dollars ($675,000.00), 

pre-judgement and post-judgement interest, for costs of court and for such other and further relief, 

both general and special, at law and in equity, to which the Plaintiff may be justly entitled.

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Respectfully submitted,

KNICKERBOCKER, HEREDIA,

SALINAS & SALINAS, P.C.

468 Main Street

Eagle Pass, Texas 78852

Telephone No.: 830/773-9228

Telecopier No.: 830/773-2582

chlaw75@yahoo.com

By: /s/ Claudio Heredia 

Claudio Heredia

State Bar No. 09505300

ATTORNEYS FOR PLAINTIFF

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