IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

ZACHARY KOWALSKI § 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

vs. 

THOMAS MITCHELL, INC. and 

JOHN DOE 

CIVIL ACTION 

NO. ____________________ __ 

JURY 

NOTICE OF REMOVAL 

TO THE HONORABLE UNITED STATES DISTRICT COURT: 

Thomas Mitchell, Inc. ("TMI"), the only answering Defendant herein, respectfully 

submits the following notice of removal. 

I. 

TDI is the only Defendant which has answered in litigation now pending in the 17th 

District Court ofTarrant County, Texas, Cause No. 017-331918-22, styled "Zachary Kowalski v. 

Thomas Mitchell, Inc. and John Doe." The suit filed against TMI is a civil action seeking 

damages for alleged personal injury arising from a motor vehicle accident that allegedly occurred 

in Tarrant County, Texas, on or about May 7, 2021. 

II. 

Both at the time of the filing of Plaintiffs Original Petition and at the time of the filing of 

this Notice of Removal, Plaintiff was, is, and continuously has been an individual citizen of the 

State of Texas with his place of residence in the state of Texas. Both at the time of filing 

Plaintiffs Original Petition and at the time of the filing of this Notice of Removal, Defendant 

TMI was, is, and continuously has been a corporation organized and existing under the laws of 

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the State ofNebraska and having its principal place of business in the State ofNebraska. Thus, 

Defendant is a corporate citizen of the state of Nebraska. The alleged John Doe was, is, and 

continuously has been an individual citizen ofthe State ofNebraska both at the time of filing of 

Plaintiffs Original Petition and of this Notice of Removal. There is, therefore, diversity of 

citizenship between the parties. 

III. 

The amount in controversy in this matter, exclusive of interest and costs, exceeds the sum 

or value of $75,000, as evidenced by the allegation on page 6 of Plaintiffs Original Petition, 

where Plaintiff expressly alleges that he seeks recovery against Defendant for "monetary relief in 

excess of $1,000,000." 

In addition, Plaintiff alleges on page 4 of his Original Petition that he "suffered injuries" 

as a result of the alleged accident. Plaintiff's Original Petition, p. 4, ~ 15. In addition, Plaintiff 

further alleges that as a result of his injures, he "seeks recovery of the following damages: 

a. Medical Expenses: Zachary Kowalski incurred bodily injuries, which were caused 

by The Collision and Zachary Kowalski incurred medical expenses for treatment 

of such injuries. Zachary Kowalski believes that, in reasonable medical 

probability such injuries will require the need for future medical care. 

b. Physical Pain: Zachary Kowalski 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: Zachary Kowalski 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: Zachary Kowalski endured disfigurement as a result of the 

personal injuries sustained in The Collision and reasonably anticipates such will 

continue in the future. 

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e. Impairment: Zachary Kowalski 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: Zachary Kowalski lost earnings as a result of the 

personal injuries sustained in The Collision. Zachary Kowalski reasonably 

believes that such injuries will diminish Plaintiffs earning capacity in the future. 

Id at pages 4 and 5. Consequently, Defendant submits that it is apparent from the face of 

Plaintiffs Original Petition that the amount in controversy in this case is in excess of $75,000. 

IV. 

This Court has jurisdiction and this action is properly removable based upon diversity of 

citizenship under 28 U.S.C. §1332, et seq . . Pursuant to 28 U.S.C. § 1664, Defendant TMI has 

removed this action to this Court within the time specified by law. 

v. 

Pursuant to Local Rule CV -81 (c), attached hereto are ( 1) an index of all attached 

documents, (2) a list of all parties in the case, their party type and current status of the removed 

case (pending), (3) a copy of the Docket Sheet in the State Court action, ( 4) all pleadings 

(excluding discovery material) filed in the State Court action, Cause No. 017-331918-22, 17th 

District Court of Tarrant County, Texas, (5) a complete list of all attorneys involved in the 

action, ( 6) a record of which parties have requested trial by jury, and (7) the name and address of 

the court from which the case has been removed. 

PRAYER FOR RELIEF 

Wherefore, premises considered, Defendant prays that the action now pending in the 17th 

District Court of Tarrant County, Texas be removed to this, the United States District Court for 

the Northern District of Texas, Tarrant Division. 

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BY: 

lticHard J. Byrne 

Lead Attorney 

State Bar No. 03666435 

rbyrne@ekvallbyrne.com 

Ignacio Barbero 

State Bar No. 00796162 

ibarbero@ekvallbyrne.com 

EKV ALL & BYRNE, LLP 

4450 Sigma Road, Suite 100 

Dallas, Texas 75244 

TELEPHONE (972) 239-0839 

FACSIMILE (972) 960-9517 

ATTORNEYS FOR DEFENDANT 

CERTIFICATE OF SERVICE 

On March 17, 2022, I electronically submitted the foregoing document with the clerk of 

court of the U.S. District Court, Northern District of Texas, using the electronic case files system 

of the court. I hereby certify that I have served all counsel and/or pro se parties of record 

electronically or by another manner authorized by Federal Rule of Civil Procedure 5(b )(2). 

~ RICHARD J. BYRNE 

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