Case No. 7:20-cv-00090 Reyes v. Njano et al

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

MIDLAND DIVISION

RICARDO REYES § 

§

v. § CASE NO. 7:20-cv-00090

§

DAVID KAMAU NJANO and §

KINGS LOGISTICS, LLC, §

PLAINTIFF’S ORIGINAL COMPLAINT

TO THE HONORABLE JUDGE OF THE UNITED STATES DISTRICT COURT:

COMES NOW Plaintiff RICARDO REYES and files this Original Complaint complaining 

of DAVID KAMAU NJANO and KINGS LOGISTICS, LLC and would respectfully show unto 

this Honorable Court the following:

I. PARTIES

1. Plaintiff RICARDO REYES (hereinafter “Plaintiff”) is an individual residing in 

Plains, Yoakum County, Texas.

2. Defendant, DAVID KAMAU NJANO (hereinafter “Defendant”) is an individual 

residing in Saginaw, Saginaw County, Michigan and can be served at his last known address of 

1955 Harry Street, Saginaw, MI 48602. 

3. Defendant, KINGS LOGISTICS, LLC (hereinafter “Defendant”) is a limited 

liability company incorporated under the laws of Michigan and may be served by serving their 

registered agent, David Njano, 3301 Wicklow Ct., Suite 9, Saginaw, MI 48603. 

II. JURISDICTION

3. The Court has jurisdiction over this lawsuit under 28 U.S.C. §1332(a)(1) because 

Plaintiff and Defendants are citizens of different states and the amount in controversy exceeds 

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$75,000, excluding interest and costs. 

III. VENUE

4. Venue is proper in this district under 28 U.S.C. §1391(b)(2) because a substantial 

part of the events of omissions giving rise to this claim occurred in this district. Specifically, the 

wreck forming the basis of this suit occurred in Midland County, Texas

IV. FACTUAL BACKGROUND

5. On January 2, 2019, Plaintiff, Ricardo Reyes was traveling safely on FM 1788 near 

MM 321 when Defendant, DAVID KAMAU NJANO, traveling at an unsafe speed on icy road 

conditions, slid across the northbound lanes to the southbound lanes and struck Plaintiff. The 

investigating officer cited Njano for traveling at an unsafe speed and faulted Defendant for causing 

the wreck. The impact caused serious and extreme personal injuries to the Plaintiff. 

6. At all times material hereto, Defendant Njano was operating a commercial motor 

vehicle on behalf of Defendant KINGS LOGISTICS, LLC, motor carrier #02291387. Njano was 

acting as the employee, agent, servant, representative, and/or statutory employee of KINGS 

LOGISTICS, LLC 

V. NEGLIGENCE

7. As the basis of this lawsuit, Plaintiff states that the above-described wreck and 

resulting injuries and damages were proximately caused by the negligence of Defendant, DAVID 

KAMAU NJANO. Defendant’s negligence includes, but is not limited to the following: 

a. failing to make a timely application of the brakes;

b. failing to maintain a proper lookout;

c. failing to turn his vehicle and avoid the wreck;

d. taking faulty evasive action;

e. failing to control his speed; and 

f. driving his vehicle at an unsafe speed. 

8. Each and all of the above and foregoing acts, both of omission and commission, 

constitute and were negligence on the part of Defendant, and each and all separately and 

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concurrently were a proximate cause of the occurrence in question and the resulting injuries and 

damages suffered by Plaintiff. 

9. Plaintiff would show that at all times material hereto, Defendant, Njano was acting 

as the employee, statutory employee, agent, servant, and/or representative of Defendant, KINGS 

LOGISTICS, LLC. As such, KINGS LOGISTICS, LLC is vicariously liable for the negligent 

actions and omissions of Njano described above pursuant to the doctrine of Respondeat Superior. 

Further, at the time of the wreck, the Freightliner commercial motor vehicle was being operated 

by Njano pursuant to certificates of authority issued by the United States Department of 

Transportation to Defendant. Thus, pursuant to Federal motor carrier statutes (including but not 

limited to 49 C.F.R. §§ 376.11-376.12, 390.5, and Tex. Admin. Code § 4.11(a)) and common law, 

Defendant, KINGS LOGISTICS, LLC is absolutely liable for any damages to members of the 

motoring public resulting from the negligent operation of the motor vehicle, regardless of whether 

such damages resulted from (i) Defendant, KINGS LOGISTICS, LLC’ negligence in hiring Njano 

and authorizing Njano to drive the truck and trailer; (ii) Njano’s driving the truck and trailer as the 

statutory employee of KINGS LOGISTICS, LLC; and/or (iii) KINGS LOGISTICS, LLC’ 

maintenance of the truck and trailer or supervision of Njano in the operation of the truck and trailer. 

10. In addition, Defendant, KINGS LOGISTICS, LLC was negligent in the hiring, 

retention, training, and supervision, of Njano and those actions and omissions are also a proximate 

cause of the injuries and damages sustained by Plaintiff.

VI. GROSS NEGLIGENCE

11. Defendants were not only negligent, but also grossly negligent as defined under 

Texas law. For the reasons outlined above, Njano’s operation of the KINGS LOGISTICS, LLC

tractor and trailer amounted to gross negligence as well as negligence. KINGS LOGISTICS, 

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LLC is vicariously liable for Njano’s gross negligence in operating the commercial motor vehicle. 

Additionally, KINGS LOGISTICS, LLC was grossly negligent in the hiring, training, supervision 

and retention of Njano and other drivers it employed and/or allowed to operate a commercial motor 

vehicle. KINGS LOGISTICS, LLC has failed to demonstrate compliance with the Federal Motor 

Carrier Safety Regulations, Department of Transportation Regulations, and standard safety 

practices applicable to motor carriers. As such KINGS LOGISTICS, LLC is also grossly negligent 

and liable for its own actions and omissions amounting to gross negligence. 

VII. DAMAGES

12. As a direct and proximate cause of the wreck made the basis of this suit, Plaintiff 

has suffered actual damages, including, but not limited, to:

a. past and future medical expenses;

b. past and future pain and suffering;

c. past and future physical impairment;

d. past and future mental anguish; and 

e. past and future loss of household services. 

13. Defendants are jointly and severally liable for all of the injuries and damages 

sustained by Plaintiff proximately caused in this wreck. 

14. Plaintiff seeks to recover any and all damages he may be entitled to under Texas 

law, both in the past and the future, jointly and severally, at law and in equity. Additionally, 

Plaintiff seek to recover punitive or exemplary damages against Defendants for their actions and 

omissions amounting to gross negligence in an amount that is designed to both punish Defendants 

and deter Defendants and others similarly situated from committing the same or similar acts in the 

future. Plaintiff seeks prejudgment and post-judgment interest in accordance with and at the 

maximum rate allowed by law, as well as costs of court. 

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VII. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited to 

appear and answer herein, and that, after due process of law, Plaintiff have judgment against 

Defendants in actual damages together with treble damages, exemplary damages, pre-judgment 

interest, post-judgment interest, attorney’s fees, costs of suit, and such other and further relief, both 

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

Respectfully submitted,

CHANDLER, MATHIS & ZIVLEY, P.C.

P.O. Box 340

Lufkin, Texas 75902-0340

Phone: (936) 632-7778

Fax: (936) 632-1304

 By:

Kirk Mathis

Texas Bar No. 24006078

kmathis@cmzlaw.net 

and 

CESAR ORNELAS LAW, PLLC

Cesar Ornelas

Texas State Bar No. 24096139

cesar@oinjurylaw.com

6243 IH-10 West, Suite 808

San Antonio, TX 78201

Phone: (210) 957-2103

Fax: (888) 342-8033

ATTORNEYS FOR PLAINTIFF 

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