EXHIBIT A

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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

STEPHANIE VALASQUEZ §

§

Plaintiff, §

§

§

v. § CIVIL ACTION NO. ___________

DART TRANSIT COMPANY and 

THOMAS RASHAD

§

§

(removed from 67th District 

Court, Tarrant County, Texas, 

Cause No. 067-331797-22)

§

Defendant. §

INDEX OF STATE COURT FILINGS

Exhibit Filing Date Filed in 

State Court

B-1 Plaintiffs’ Original Petition 2/3/22

B-2

 

Citation Issued – Dart Transit Company 2/3/22

B-3 Citation Issued – Thomas Rashad 2/3/22

B-4 Letter requesting citaions via email 2/3/22

B-5 Affidavit of Service – Dart Transit Company 2/17/22

B-6 Affidavit of Service – Thomas Rashad 2/17/22

B-7 Defendant Dart Transit Company’s Original 

Answer

3/4/22

B-8 Defendant Rasan Thomas Original Answer 34/22

4:22-cv-177

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EXHIBIT B-1

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Plaintiff's Original Petition - Page 1 of 6

CAUSE NO. ____________ 

STEPHANIE VALASQUEZ 

V. 

DART TRANSIT COMPANY AND 

THOMAS RASHAD

§

§ 

§ 

§ 

§ 

§ 

§ 

§ 

IN THE DISTRICT COURT

 _____JUDICIAL DISTRICT

TARRANT COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION

Plaintiff Stephanie Valasquez ("Plaintiff") files this Original Petition complaining of 

Defendants Dart Transit Company and Thomas Rashad ("Defendants") and for cause of action 

states the following: 

DISCOVERY CONTROL PLAN

1. Pursuant to Rules 190.1 and 190.3 of the Texas Rules of Civil Procedure, Plaintiff states 

that discovery in this cause is intended to be conducted under Level 3. 

JURY DEMAND

2. Pursuant to Rules 216 and 217 of the Texas Rules of Civil Procedure, Plaintiff requests a 

jury trial of this matter. Accordingly, Plaintiff tenders the proper jury fee with the filing of 

Plaintiff's Original Petition.

PARTIES

3. Plaintiff Stephanie Valasquez is an individual residing in Tarrant County, Texas. 

4. Defendant Thomas Rashad is a nonresident. A current search of records indicates that he 

resides at 78 Savage Road, Vicksburg, MS 39180 and may be served by delivering a copy 

of the citation directed to Defendant and this petition, by and through his substituted agent 

for service of process, J. Bruce Bugg, Jr., Chairman, Texas Transportation Commission, 

125 E. 11th Street, Austin, Texas 78701, pursuant to Tex.Civ. Prac. & Rem. Code § 17.062.

067-331797-22

FILED

TARRANT COUNTY

2/3/2022 3:43 PM

THOMAS A. WILDER

DISTRICT CLERK

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 6 of 37 PageID 11
Plaintiff's Original Petition - Page 2 of 6

5. Defendant Dart Transit Company is a non-resident foreign entity that is doing business in 

the State of Texas; a current search of records from the Texas Secretary of State (a) does 

not reveal the correct corporate entity name, (b) does not reflect a regular place of business 

in Texas, and (c) does not designate an agent for service of process. This non-resident 

entity is doing business in the State of Texas, therefore pursuant to CPRC § 17.044 service 

of process may be accomplished by service on the Secretary of State, Citations Unit, 1019 

Brazos, Room 105, Austin, Travis County, 78701 who will accomplish service upon Dart 

Transit Company by mailing a copy of the citation and petition to the Defendant by 

registered mail or certified mail return receipt requested to its registered agent Judy Nelson

at 800 Lone Oak Road, Eagan, MN 55121.

VENUE AND JURISDICTION

6. Venue is proper in this Court by virtue of Tex. Civ. Prac. & Rem. Code §15.002(a). 

Furthermore, this Court has jurisdiction in that the damages being sought are within the 

jurisdictional limits of this Court.

FACTS

7. This lawsuit is based on a motor vehicular collision occurring on or about April 27, 2021, 

at or near the intersection of Interstate Highway 820 and Riverside Drive in Fort Worth, 

Texas (hereinafter referred to as "The Collision").

8. The Collision was proximately caused by the negligence and / or negligence per se of 

Defendants.

CAUSES OF ACTION

Negligence, Negligence Per Se, and/or Gross Negligence and Respondeat Superior

9. At the time of The Collision, Defendant Thomas Rashad was negligent and / or negligent 

per se in one or more of the following particulars: 

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Plaintiff's Original Petition - Page 3 of 6

a. In failing to keep such a lookout as a person of ordinary prudence would have kept 

under the same or similar circumstances;

b. In failing to timely apply the brakes of his vehicle in order to avoid the collision in

question;

c. In driving a vehicle at a rate of speed which was greater than that which an 

ordinarily prudent person would have driven under the same or similar 

circumstances;

d. In failing to yield the right-of-way;

e. In failing to maintain the vehicle under control;

f. In following too closely;

g. In disregarding traffic signals;

h. In failing to take proper evasive action;

i. In driving while inattentive;

j. In driving while looking at Defendant’s cell phone, texting, emailing, or otherwise 

using a cellular device which diverted Defendant’s attention from the road in front 

of Defendant; and

k. In violating Texas Transportation Code Section 545.4251 (use of portable wireless 

communication device for electronic messaging). 

10. At the time of The Collision, Defendant Thomas Rashad was acting in the course and scope 

of his employment with Dart Transit Company. As a result, Defendant Dart Transit 

Company is legally liable for the acts and omissions of negligence of Defendant Thomas 

Rashad under the doctrine of respondeat superior.

11. Defendant Dart Transit Company was negligent in hiring Defendant Thomas Rashad as a 

driver and negligent in allowing him to continue driving vehicles for them when they 

reasonably should have known that it was unsafe to do so. It was also negligent in its 

training of Defendant Thomas Rashad and its operation of its company vehicle system. 

Such negligence, singularity or in combination with others, proximately caused The 

Collision.

12. The above-mentioned acts of negligence on the part of Defendants were of such character 

as to make Defendant Dart Transit Company guilty of gross negligence. Defendants’ acts 

of negligence, when viewed objectively from the standpoint of Defendants, involved an 

extreme degree of risk, considering the probability and magnitude of the potential harm to 

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 8 of 37 PageID 13
Plaintiff's Original Petition - Page 4 of 6

others. Defendants had actual, subjective awareness of this risk, but nevertheless 

proceeded with conscious indifference to the rights, safety, and welfare of Plaintiff. The 

gross negligence of Defendants was a proximate cause of the Collision and of the damages 

and injuries alleged herein. As a result of Defendants' gross negligence, Plaintiff seeks 

exemplary damages in an amount in excess of the jurisdictional limits of this Court. 

13. Each of the foregoing acts or omissions, singularly or in combination with others, 

constituted negligence, negligence per se, and/or gross negligence, which proximately 

caused The Collision and Plaintiff's injuries and damages.

PERSONAL INJURIES AND DAMAGES

14. As a result of Defendants’ negligent actions, Stephanie Valasquez suffered personal 

injuries. Consequently, Stephanie Valasquez seeks recovery of the following damages:

a. Medical Expenses: Stephanie Valasquez incurred bodily injuries, which 

were caused by The Collision and Stephanie Valasquez incurred medical 

expenses for treatment of such injuries. Stephanie Valasquez believes that, 

in reasonable medical probability such injuries will require the need for 

future medical care. 

b. Physical Pain: Stephanie Valasquez endured physical pain as a result of the 

personal injuries sustained in The Collision and reasonably anticipates such 

pain will continue in the future.

c. Mental Anguish: Stephanie Valasquez endured mental anguish as a result 

of the personal injuries sustained in The Collision and reasonably 

anticipates such mental anguish will continue in the future.

d. Disfigurement: Stephanie Valasquez endured disfigurement as a result of 

the personal injuries sustained in The Collision and reasonably anticipates 

such will continue in the future.

e. Impairment: Stephanie Valasquez endured physical impairment as a result 

of the personal injuries sustained in The Collision and reasonably 

anticipates such in the future.

f. Loss of Earning Capacity: Stephanie Valasquez lost earnings as a result of 

the personal injuries sustained in The Collision. Stephanie Valasquez 

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 9 of 37 PageID 14
Plaintiff's Original Petition - Page 5 of 6

reasonably believes that such injuries will diminish Plaintiff’s earning 

capacity in the future.

AGGRAVATION

15. In the alternative, if it be shown that the Plaintiff suffered from any pre-existing injury, 

disease and/or condition at the time of the incident made the basis of the lawsuit, then such 

injury, disease and/or condition was aggravated and/or exacerbated by the negligence of 

the Defendants.

U.S. LIFE TABLES

16. Notice is hereby given to the Defendants that Plaintiff intends to use the U. S. Life Tables 

as published by the Department of Health and Human Services - National Vital Statistics 

Report in the trial of this matter. Plaintiff requests that this Honorable Court take judicial 

notice of those rules, regulations, and statutes of the United States and the State of Texas, 

pursuant to Texas Rule of Evidence 201 and 1005.

RELIEF SOUGHT

17. Pursuant to Texas Rules of Civil Procedure 193.7, notice is hereby given of the intention 

to use any of the documents exchanged and/or produced between any party during the trial 

of this case. All conditions precedent to Plaintiff's right to recover the relief sought herein 

have occurred or have been performed.

18. As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiff states that the damages 

sought are in an amount within the jurisdictional limits of this Court. As required by Rule 

47(c), Texas Rules of Civil Procedure, Plaintiff states that Plaintiff seeks monetary relief 

in excess of $1,000,000. As discovery takes place and testimony is given, Plaintiff will be 

in a better position to give the maximum amount of damages sought.

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Plaintiff's Original Petition - Page 6 of 6

19. Plaintiff requests that Defendants be cited to appear and answer, and that this case be tried 

after which Plaintiff recover:

a. Judgment against Defendants for a sum within the jurisdictional limits of 

this Court for the damages set forth herein; 

b. Pre-judgment interest at the maximum amount allowed by law;

c. Post-judgment interest at the maximum rate allowed by law; 

d. Costs of suit; and

e. Such other and further relief to which Plaintiff may be justly entitled.

Respectfully submitted,

REYES │ BROWNE │ REILLEY 

/s/ Timothy R. Reilley 

Timothy R. Reilley

State Bar No. 00797297

8222 Douglas Avenue, Suite 400

Dallas, TX 75225

(214) 526-7900

(214) 526-7910 (FAX)

Email: tim@reyeslaw.com

ATTORNEYS FOR PLAINTIFFS

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EXHIBIT B-2

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 12 of 37 PageID 17
THE STATE OF TEXAS 

DISTRICT COURT, TARRANT COUNTY 

CITATION 

STEPHANIE VALASQUEZ 

vs. 

DART TRANSIT COMPANY, ET AL 

Cause No. 067-331797-22 

To and through the Secretary Of State, Statutory Documents Section, PO Box 12079, Austin TX 78711-2079 

TO: DART TRANSIT COMPANY 

B/S REG AGENT-JUDY NELSON 800 LONE OAK RD EAGAN, MN 55121-

SERVICE OF PROCESS MAY BE HAD UPON DEFENDANT BY DELIVERING TO THE SECRETARY OF STATE, OF THE STATE OF TEXAS, DUPLICATE 

COPIES OF THIS CITATION TOGETHER WITH DUPLICATE COPIES OF THE PLAINTIFF'S PETITION ATI'ACHED HERETO. 

You said DEFENDANTS are hereby commanded to appear by filing a written answer to the PLAINTIFF'S ORIGINAL PETITION 

at or before 10 o•clock A.M. of the Monday next after 

the expiration of 20 days after the date of service hereof before the 67th District court 

,100 N CALHOUN, in and for Tarrant County, Texas, at the Courthouse in the City of Fort Worth, Tarrant County, Texas 

said PLAINTIFF being 

STEPHANIE VALASQUEZ 

Filed in said Court on February 3rd, 2022 Against 

THOMAS RASHAD, DART TRANSIT COMPANY 

For suit, said suit being numbered 067-331797-22 the natur~ of which demand is as shown on said 

PLAINTIFF'S ORIGINAL PETITION a copy of which accompanies this citation. 

TIMOTHY R REILLEY 

Attorney for STEPHANIE VALASQUEZ Phone No. (214)526-7900 

Address 8222 DOUGLAS A VE STE 400 DALLAS, TX 75225 

Thomas A. Wilder , Clerk of the District Court of Tarrant County, Texas. Given under my hand and the seal 

of said Court, at office in the City of Fort Worth, this the 7th day of February, 2022. 

By~ Deputy NATAll 7oPEN 

NOTICE: You have been sued. Yoo may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 AM. on the Monday next following the expiration of 

twenty days after you were served this citation and petition. a default judgment may be taken againsl yoo. ln addition to filing a wrincn answer with the clerk, you may be req.i.ired to make initial disclosures 

to the other parties of this suit. These disclosures generally must be Dlll no laier than JO days after you file your answer with the clerk. Find out more at Te,r.asl.awHelp.org. 

Thomas A. Wilder, Tarrant County District Clerk, 100 N CALHOUN, FORT WORTH TX 76196-0402 

OFFICER'S RETURN *06733179722000004* 

Received this Citation on the ___ day of ____________ _ at o'clock _M; and executed at 

_________________ within the county of ________ , State of ____ at ____ o•clock _M 

on the ____ day of ________ , __ by delivering to the within named (Def.): 

defendant(s), a true copy of this Citation together with the accompanying copy of PLAINTIFF'S ORIGINAL PETITION 

, having first endorsed on same the date of delivery. 

Authorized Person/Constable/Sheriff: 

County of _____________ State of ____ _ By ________________ Deputy 

Fees$ ___ _ 

State of _______ County of ______________ _ (Must be verified if served outside the State of Texas) 

Signed and sworn to by the said _________________ before me this __ day of ___ _ 

to certify which witness my hand and seal of office 

(Seal) 

County of __________ , State of _________ _ 

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 13 of 37 PageID 18
CITA170N 

Cause No. 067-331797-22 

STEPHANIE VALASQUEZ 

vs. 

DART TRANSIT COMPANY, ET AL 

ISSUED 

This 7th day of February, 2022 

Thomas A. Wilder 

Tarrant County District Clerk 

100 N CALHOUN 

FORT WORTH TX 76196-0402 

By NATALIE THIGPEN Deputy 

TIMOTHY R REILLEY 

Attorney for: STEPHANIE VALASQUEZ 

Phone No. (214)526-7900 

ADDRESS: 8222 DOUGLAS A VE STE 400 

DALLAS, TX 75225 

CIVIL LAW 

I llllll 111111111111111 111111111 illl 111111111111111 m 111111111111111 IIIII IIIII IIIII IIII IIII 

SERVICE 

*06733179722000004* 

FEES NOT COLLECTED 

BY TARRANT COUNTY DISTRICT CLERK 

ORIGINAL Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 14 of 37 PageID 19
EXHIBIT B-3

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 15 of 37 PageID 20
THE STATE OF TEXAS 

DISTRICT COURT, TARRANT COUNTY 

CITATION Cause No. 067-331797-22 

STEPHANIE VALASQUEZ 

VS. 

DART TRANSIT COMPANY, ET AL 

To and through the Texas Transportation Commission, 125 EI Ith St, Austin, Texas 78701-2483 

TO: THOMAS RASHAD 

78 SAVAGE RD VICKSBURG, MS 39180-

SERVICE OF PROCESS MAY BE HAD UPON DEFENDANT BY DELIVERING TO THE TEXAS TRANSPORTATION COMMISSION, OF THE STATE OF TEXAS, 

DUPLICATE COPIES OF THIS CITATION TOGETHER WITH DUPLICATE COPIES OF THE PLAINTIFF'S PETITION ATI'ACHED HERETO. 

You said DEFENDANTS are hereby commanded to appear by filing a written answer to the PLAINTIFF'S ORIGINAL PETITION 

at or before 10 o•clock A.M. of the Monday next after 

the expiration of 20 days after the date of service hereof before the 67th District Court 

,100 N CALHOUN, in and for Tarrant county, Texas, at the Courthouse in the City of Fort Worth, Tarrant County, Texas 

said PLAINTIFF being 

STEPHANIE VALASQUEZ 

Filed in said Court on February 3rd, 2022 Against 

THOMAS RASHAD, DART TRANSIT COMPANY 

For suit, said suit being numbered 067-331797-22 the nature of which demand is as shown on said 

PLAINTIFF'S ORIGINAL PETITION a copy of which accompanies this citation. 

TIMOTHY R REILLEY 

Attorney for STEPHANIE VALASQUEZ Phone No. (214)526-7900 

Address 8222 DOUGLAS A VE STE 400 DALLAS, TX 75225 

Thomas A. Wilder , Clerk of the District Court of Tarrant County, Texas. Given under my hand and the seal 

of said Court, at office in the City of Fort Worth, this the 7th day of February, 2022. 

By _j'U~'4/2f/1,_7,1~4,~·,"J}/j:p_J,0J1m~t=• ==:____ Deputy 

- NATALIUlHIGPEN 

NOTICE: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 AM. on the Monday next following the expiration of 

twenty days after you were served this citation and petition, a default judgment may be taken against you. In addition to filing a written answer with the clerk, you may be required to make initial disclosures 

to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TeusLawHelp.org. 

Thomas A. Wilder, Tarrant County District Clerk, 100 N CALHOUN, FORT WORTH TX 76196-0402 

OFFICER'S RETURN *06733179722000006* 

Received this Citation on the __ _ day of _____________ , __ at ___ o'clock _M; and executed at 

within the county of ________ , State of ____ at ___ _ o'clock _M 

on the ____ day of ________ , __ by delivering to the within named (Def.): 

defendant(s), a true copy of this Citation together with the accompanying copy of PLAINTIFF'S ORIGINAL PETITION 

• having first endorsed on same the date of delivery. 

Authorized Person/Constable/Sheriff: 

County of _____________ State of ____ _ By---------------- Deputy 

Fees $, ___ _ 

State of ______ _ County of ______________ _ (Must be verified if served outside the State of Texas) 

Signed and sworn to by the said _________________ before me this __ day of ___ _ 

to certify which witness my hand and seal of office 

(Seal) 

County of __________ , State of _________ _ 

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 16 of 37 PageID 21
CITATION 

Cause No. 067-331797-22 

STEPHANIE VALASQUEZ 

vs. 

DART TRANSIT COMPANY, ET AL 

ISSUED 

This 7th day of February, 2022 

Thomas A. Wilder 

Tarrant County District Clerk 

100 N CALHOUN 

FORT WORTH TX 76196-0402 

By NATALIE THIGPEN Deputy 

TIMOTHY R REILLEY 

Attorney for: STEPHANIE VALASQUEZ 

Phone No. (214)526-7900 

ADDRESS: 8222 DOUGLAS A VE STE 400 

DALLAS, TX 75225 

CNILLAW 

I IIIIII IIIII IIIII IIIII IIIII illl lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll llll llll 

SERVICE 

*06733179722000006* 

FEES NOT COLLECTED 

BY TARRANT COUNTY DISTRICT CLERK 

ORIGINAL Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 17 of 37 PageID 22
EXHIBIT B-4

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 18 of 37 PageID 23
REYES | BROWNE | REILLEY 

8222 Douglas Avenue, Ste. 400 

DALLAS, TEXAS 75225 

www.ReyesLaw.com 

214.526.7900 T 877.308.7900 T 214.526.7910 F 

_____________________________________________________________________________ 

Tarrant County District Clerk 

100 N. Calhoun 

Fort Worth, Texas 76092 

RE: 

Dear Clerk: 

Please issue citation and e-serve and/or email to AllianceTexas@hotmail.com. Please 

contact Christian Barragan with any questions. 

Thank you for your attention in this matter. 

Sincerely, 

/s/ Spencer P. Browne 

Spencer P. Browne SBN24040589 

spencer@reyeslaw.com 

/s/ Timothy R. Reilley

Timothy R. Reilley SBN00797297

tim@reyeslaw.com

/s/ Max M. Murphy

Max M. Murphy SBN24098159

max@reyeslaw.com

/s/ Ryan J. Browne

Ryan J. Browne SBN00796262

ryan@reyeslaw.com

REYES BROWNE REILLEY 

8222 Douglas Ave., Ste. 400 Dallas, 

TX 75225 

214-526-7900 / 214-526-7910 (fax)

ATTORNEYS FOR PLAINTIFF

067-331797-22 FILED

TARRANT COUNTY

2/3/2022 3:43 PM

THOMAS A. WILDER

DISTRICT CLERK

STEPHANIE VALASQUEZ VS. DART TRANSIT OMPANY AND THOMAS RASHAD

21043087532

February 2, 2022

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 19 of 37 PageID 24
EXHIBIT B-5

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 20 of 37 PageID 25
067-331797-22

FILED

TARRANT COUNTY

2/17/2022 12:48 PM

THOMAS A. WILDER

DISTRICT CLERK

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 21 of 37 PageID 26
Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 22 of 37 PageID 27
EXHIBIT B-6

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 23 of 37 PageID 28
067-331797-22

FILED

TARRANT COUNTY

2/17/2022 12:51 PM THOMAS A. WILDER Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 24 of 37 PageID 29 DISTRICT CLERK
Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 25 of 37 PageID 30
EXHIBIT B-7

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 26 of 37 PageID 31
CAUSE NO. 067-331797-22

STEPHANIE VALASQUEZ §

§

IN THE DISTRICT COURT

Plaintiff, §

§

§

v. § 67TH JUDICIAL DISTRICT 

§

DART TRANSIT COMPANY and 

THOMAS RASHAD

§

§

§

Defendant. § TARRANT COUNTY, TEXAS

DEFENDANT DART TRANSIT COMPANY’S ORIGINAL ANSWER

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Defendant Dart Transit Company (“Defendant”), defendant in 

the above-referenced Cause, and files this, its Original Answer, and would 

respectfully show the Court as follows:

I. GENERAL DENIAL

1. Subject to such stipulations and admissions as have been made and may be 

made hereafter at or before trial, Defendant denies the allegations made by Plaintiff 

and hereby enter a general denial as is permitted by Rule 92 of the Texas Rules of 

Civil Procedure, and requests that Plaintiff be required to prove by a preponderance 

of the evidence the charges and allegations which she has made against Defendant.

II. AFFIRMATIVE DEFENSES

2. Further answering, alternatively, and by way of affirmative defense, the 

incident in question and Plaintiff’s alleged resulting damages were the result in part 

of negligent and negligent per se, acts and/or omissions of Plaintiff, whose acts or 

067-331797-22 FILED

TARRANT COUNTY

3/4/2022 3:44 PM

THOMAS A. WILDER

DISTRICT CLERK

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 27 of 37 PageID 32
omissions were a contributing proximate cause of the incident in question and the 

alleged damages resulting therefrom. Defendant, therefore, invokes the doctrine of 

comparative causation and proportionate responsibility as set forth in Chapter 33 of 

the Texas Civil Practice or Remedies Code.

3. Further answering, alternatively, and by way of affirmative defense, in the 

unlikely event that any liability be found on the part of Defendant, such liability be 

reduced by the percentage of causation and responsibility found to have resulted from 

the negligence and negligence per se of others, including Plaintiff.

4. Further answering, alternatively, and by way of affirmative defense, Plaintiff’s 

medical expenses should be limited to those actually paid or incurred on behalf of 

Plaintiff pursuant to Texas Civil Practice & Remedies Code § 41.0105.

5. Further answering, alternatively, and by way of affirmative defense, Plaintiff’s 

claims for punitive and exemplary damages are barred and/or limited by the Due 

Process Clause of both the United States and Texas Constitutions. Defendant further 

states that an award of punitive or exemplary damages would constitute the 

imposition of a criminal penalty without safeguards guaranteed by the Fifth, Sixth, 

Eighth and Fourteenth Amendments to the Constitution of the United States and 

similar provisions of the Texas Constitution. Furthermore, the imposition of punitive 

or exemplary damages constitutes an excessive fine under the Eighth Amendment, 

denies Defendant equal protection of laws under the Fourteenth Amendment, and 

violates the due process clauses of the Fourth and Fourteenth Amendments. 

Defendant pleads that any claims by Plaintiff for exemplary or punitive damages 

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 28 of 37 PageID 33
should be stricken as unconstitutional and any award of exemplary or punitive 

damages should be set aside for the reasons stated above.

6. Further answering, alternatively, and by way of affirmative defense, Plaintiff’s 

claims for punitive and exemplary damages are barred and/or limited by the damages 

cap found in Chapter 41 of the Texas Civil Practice & Remedies Code.

III. PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant Dart Transit 

Company requests that Plaintiff take nothing by her suit, that Defendant recover its

costs expended, and for such other and further relief to which Defendant may be 

justly entitled.

Respectfully submitted,

/s/ Mark S. Scudder

MARK S. SCUDDER

State Bar No. 17936300

RYAN T. FUNDERBURG

State Bar No. 24101776

QUILLING, SELANDER, LOWNDS, 

WINSLETT & MOSER, P.C.

2001 BRYAN STREET, SUITE 1800

DALLAS, TX 75201

(214) 871-2100

(214) 871-2111 Fax

mscudder@qslwm.com

rfunderburg@qslwm.com

ATTORNEYS FOR DEFENDANT

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 29 of 37 PageID 34
CERTIFICATE OF SERVICE

I hereby certify that on the 4th day of March 2022, a true and correct copy of 

the above foregoing document was filed in accordance with the Texas Rules of Civil 

Procedure.

/s/ Mark S. Scudder _________________

MARK S. SCUDDER

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 30 of 37 PageID 35
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 persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Janet Casares on behalf of Mark S. Scudder

Bar No. 17936300

jcasares@qslwm.com

Envelope ID: 62322542

Status as of 3/4/2022 5:19 PM CST

Case Contacts

Name

Janet Casares

Ryan Funderburg

Kim Price

Mark S.Scudder

Timothy R.Reilley

BarNumber Email

jcasares@qslwm.com

rfunderburg@qslwm.com

kprice@qslwm.com

mscudder@qslwm.com

tim@reyeslaw.com

TimestampSubmitted

3/4/2022 3:44:17 PM

3/4/2022 3:44:17 PM

3/4/2022 3:44:17 PM

3/4/2022 3:44:17 PM

3/4/2022 3:44:17 PM

Status

SENT

SENT

SENT

SENT

SENT

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 31 of 37 PageID 36
EXHIBIT B-8

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 32 of 37 PageID 37
CAUSE NO. 067-331797-22

STEPHANIE VALASQUEZ §

§

IN THE DISTRICT COURT

Plaintiff, §

§

§

v. § 67TH JUDICIAL DISTRICT 

§

DART TRANSIT COMPANY and 

THOMAS RASHAD

§

§

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Defendant. § TARRANT COUNTY, TEXAS

DEFENDANT RASAN THOMAS ORIGINAL ANSWER

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Defendant Rasan Thomas (incorrectly named as Thomas 

Rashad) (“Defendant”), defendant in the above-referenced Cause, and files this, his 

Original Answer, and would respectfully show the Court as follows:

I. GENERAL DENIAL

1. Subject to such stipulations and admissions as have been made and may be 

made hereafter at or before trial, Defendant denies the allegations made by Plaintiff 

and hereby enter a general denial as is permitted by Rule 92 of the Texas Rules of 

Civil Procedure, and requests that Plaintiff be required to prove by a preponderance 

of the evidence the charges and allegations which she has made against Defendant.

II. AFFIRMATIVE DEFENSES

2. Further answering, alternatively, and by way of affirmative defense, the 

incident in question and Plaintiff’s alleged resulting damages were the result in part 

of negligent and negligent per se, acts and/or omissions of Plaintiff, whose acts or 

067-331797-22 FILED

TARRANT COUNTY

3/4/2022 3:48 PM

THOMAS A. WILDER

DISTRICT CLERK

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 33 of 37 PageID 38
omissions were a contributing proximate cause of the incident in question and the 

alleged damages resulting therefrom. Defendant, therefore, invokes the doctrine of 

comparative causation and proportionate responsibility as set forth in Chapter 33 of 

the Texas Civil Practice or Remedies Code.

3. Further answering, alternatively, and by way of affirmative defense, in the 

unlikely event that any liability be found on the part of Defendant, such liability be 

reduced by the percentage of causation and responsibility found to have resulted from 

the negligence and negligence per se of others, including Plaintiff.

4. Further answering, alternatively, and by way of affirmative defense, Plaintiff’s 

medical expenses should be limited to those actually paid or incurred on behalf of 

Plaintiff pursuant to Texas Civil Practice & Remedies Code § 41.0105.

5. Further answering, alternatively, and by way of affirmative defense, Plaintiff’s 

claims for punitive and exemplary damages are barred and/or limited by the Due 

Process Clause of both the United States and Texas Constitutions. Defendant further 

states that an award of punitive or exemplary damages would constitute the 

imposition of a criminal penalty without safeguards guaranteed by the Fifth, Sixth, 

Eighth and Fourteenth Amendments to the Constitution of the United States and 

similar provisions of the Texas Constitution. Furthermore, the imposition of punitive 

or exemplary damages constitutes an excessive fine under the Eighth Amendment, 

denies Defendant equal protection of laws under the Fourteenth Amendment, and 

violates the due process clauses of the Fourth and Fourteenth Amendments. 

Defendant pleads that any claims by Plaintiff for exemplary or punitive damages 

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 34 of 37 PageID 39
should be stricken as unconstitutional and any award of exemplary or punitive 

damages should be set aside for the reasons stated above.

6. Further answering, alternatively, and by way of affirmative defense, Plaintiff’s 

claims for punitive and exemplary damages are barred and/or limited by the damages 

cap found in Chapter 41 of the Texas Civil Practice & Remedies Code.

III. PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant Rasan Thomas 

(incorrectly named as Thomas Rashad) (“Defendant”) requests that Plaintiff take 

nothing by her suit, that Defendant recover his costs expended, and for such other 

and further relief to which Defendant may be justly entitled.

Respectfully submitted,

/s/ Mark S. Scudder

MARK S. SCUDDER

State Bar No. 17936300

RYAN T. FUNDERBURG

State Bar No. 24101776

QUILLING, SELANDER, LOWNDS, 

WINSLETT & MOSER, P.C.

2001 BRYAN STREET, SUITE 1800

DALLAS, TX 75201

(214) 871-2100

(214) 871-2111 Fax

mscudder@qslwm.com

rfunderburg@qslwm.com

ATTORNEYS FOR DEFENDANTS

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 35 of 37 PageID 40
CERTIFICATE OF SERVICE

I hereby certify that on the 4th day of March 2022, a true and correct copy of 

the above foregoing document was filed in accordance with the Texas Rules of Civil 

Procedure.

/s/ Mark S. Scudder _________________

MARK S. SCUDDER

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 36 of 37 PageID 41
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 persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Janet Casares on behalf of Mark S. Scudder

Bar No. 17936300

jcasares@qslwm.com

Envelope ID: 62323026

Status as of 3/4/2022 5:20 PM CST

Case Contacts

Name

Mark S.Scudder

Janet Casares

Kim Price

Ryan Funderburg

Timothy R.Reilley

BarNumber Email

mscudder@qslwm.com

jcasares@qslwm.com

kprice@qslwm.com

rfunderburg@qslwm.com

tim@reyeslaw.com

TimestampSubmitted

3/4/2022 3:48:36 PM

3/4/2022 3:48:36 PM

3/4/2022 3:48:36 PM

3/4/2022 3:48:36 PM

3/4/2022 3:48:36 PM

Status

SENT

SENT

SENT

SENT

SENT

Case 4:22-cv-00177-P Document 1-1 Filed 03/09/22 Page 37 of 37 PageID 42