EXHIBIT 

B

Case 3:22-cv-00436-C Document 1-2 Filed 02/23/22 Page 1 of 5 PageID 8
FILED

12/8/2021 2:34 PM

FELICIA PITRE DISTRICT CLERK DC-21-1 7580

Christifiulfil-eAnnS/oggifigfifi CITS-ESERVE CAUSE NOPLAINTIFF'S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, FELIPE JIMENEZ, Plaintiff, and files Plaintiff's Original Petition,

complaining of JESSE MEEKS AND CACTUS TANKS, LLC, Defendants, and would show

unto the Court as follows:

l. DISCOVERY PLAN

1. This suit is governed by discovery control plan || under Rule 190.3 of the

Texas Rules of Civil Procedure.

ll. PARTIES

2. Plaintiff, FELIPE JIMENEZ, is an individual who resides at 101 11 Laneyvale

Avenue, Dallas, Dallas County, Texas TX 75217.

3. Defendant, JESSE MEEKS, is an individual who resides at 304 East 5th,

Davenport, Lincoln County, Oklahoma 74026, and may be served with process at that

address. Citation is requested for this Defendant and service will be completed by

private process server.

4. Upon information and belief, Defendant, CACTUS TANKS, LLC is an out of

state company with its principal place of business at 1125 South Industrial Road,

Chandler, Lincoln County, OK 74834. Defendant may be served with process through its Managing Member, Ray Acord, at 125 South Industrial Road, Chandler, Lincoln County, OK 74834. Citation is requested for this Defendant and service will be completed by

private process server.

Page

FELIPE JIMENEZ,IN THE DISTRICT COURT

Plaintiff, 14th

v. JUDICIAL DISTRICT

JESSE MEEKS AND CACTUS TANKS, LLC, DALLAS COUNTY, TEXAS Defendants.

Case 3:22-cv-00436-C Document 1-2 Filed 02/23/22 Page 2 of 5 PageID 9
|||. JURISDICTION VENUE

5. The Court has continuing jurisdiction over Defendants, because Defendant,

Jesse Meeks, committed tort within the State of Texas, and Defendant, Cactus Tanks,

LLC, maintains substantial and continuing contacts with the State of Texas. The Court has

jurisdiction over the controversy, because the damages are within the statutory

jurisdictional

limits of the Court.

6. Venue is proper

in Dallas County, Texas, because all or substantial part of

the events or omissions giving rise to the claim occurred in Dallas County.

lV.

7. This lawsuit results from an automobile collision that occurred on or about

July 30, 2020, at Interstate Highway 35 in Dallas, Dallas County, Texas. Plaintiff, Felipe

Jimenez, was southbound on Interstate Highway 35 with the Defendant, Jesse Meeks,

traveling directly behind. Defendant, Jesse Meeks, failed to be attentive, failed to control

his speed, was following too closely, and rear ended Plaintiff’s vehicle. At the time of the

collision, Defendant, Jesse Meeks, was acting in the course and scope of his employment with, and in vehicle owned by, Defendant, Cactus Tanks, LLC. As result of the impact,

Plaintiff suffered bodily injury, property damage, and loss of earning capacity.

V. NEGLIGENCE

8. Defendant, Jesse Meeks, and Defendant, Cactus Tanks, LLC, vicariously,

had duty to exercise ordinary care and operate the vehicle reasonably and prudently and

failed to do so. Defendants were negligent

in at least the following respects:

a. Failure to maintain proper lookout;

b. Failure to make such application of the brakes as person using

ordinary care would have made;

c. Failure to maintain proper control of the vehicle under the conditions

then and there existing;

d. Failure to turn the vehicle to the right or left to avoid the collision;

e. Traveling at an unsafe speed; and

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Case 3:22-cv-00436-C Document 1-2 Filed 02/23/22 Page 3 of 5 PageID 10
f. Failure to maintain an adequate distance between the vehicle and

the vehicle driven by Plaintiff, Felipe Jimenez.

V|. RESPONDEAT SUPERIOR

9. At the time of the accident, Defendant, Jesse Meeks, was the agent, servant,

and employee of Defendant, Cactus Tanks, LLC, and was acting within the scope of his

authority as such agent, servant, and employee. Defendant, Cactus Tanks, LLC is liable

to Plaintiff for the negligence of Defendant, Jesse Meeks, under the common law doctrine

of respondeat superior.

V||. DAMAGES

10. As proximate result of Defendants' negligence, Plaintiff suffered bodily

injury, property damage, and loss of earning capacity. Plaintiff suffered the following

damages:

Physical pain and mental anguish in the past and future; Medical expenses in the past and future;

Physical impairment;

Property Damage; and

Loss of earning capacity.

V|||. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, FELIPEJIMENEZ, respectfully

requests that Defendants, JESSE MEEKS AND CACTUS TANKS, LLC, be cited to appear

and answer, and on final trial, that Plaintiff have judgment against Defendants for:

b.

C.

Actual damages;

Prejudgment and post-judgment

interest as allowed by law; Costs of suit; Monetary relief over $250,000 but not more than $1,000,000; and

Any further relief, either in law or equity, to which Plaintiff is justly

entitled.

Page

a.

b.

C.

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Respectfully submitted,

Ben Abbott Associates, PLLC

1934 Pendleton Drive Garland, TX 75041

(972) 263-5555

(817) 263-5555

(972) 682-7586 Facsimile eService@benabbott.com

/s/ Griffin Scheumack

by: Griffin Scheumack State Bar No. 24097168 ATTORNEYS FOR PLAINTIFF

Warns Page

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