2 CIT ESERVE 

4/4/2022 2:15 PM 

FELICIA PITRE 

DISTRICT CLERK 

DALLAS CO., TEXAS 

Angie Avina DEPUTY 

DC-22-03667 

CAUSE NO. 

RHONDA JEAN ARMSTER AND § IN THE DISTRICT COURT OF 

D'AREA IGHO-OSAJIE § 

Plaiiztiff § 

§ 162nd 

VS. § JUDICIAL DISTRICT 

§ 

UNKNOWN DRIVER, § 

AMAZON LOGISTICS INC., AND § 

WANAAG TRANSPORT INC. § 

Defenclant § DALLAS COUNTY, TEXAS 

PLAINTIFF'S ORIGINAL PETITION 

TO THE HONORABLE JUDGE OF SAID COURT: 

Plaintiff, RHONDA JEAN ARMSTER AND D'AREA IGHO-OSAJIE ("Plaintiffs") 

complain of Defendants, UNKNOWN DRIVER, Ai~'IAZON LOGISTICS INC,, AND 

WANAAG TRAi~TSPORT INC., ("Defendants") and for cause of action would respectfully show 

the Court as follows: 

i. 

DISCOVERY CONTROL PLAN 

1. Plaintiff intends that discovery be conducted under LEVEL 3 of RULE 190 of the TEXAS 

RULES OF CIVIL PROCEDURE._ 

II. 

PARTIES 

2. Plaintiff RHONDA JEAN ARMSTER is an individual resident of Texas. 

3. Plaintiff D'AREA IGHO-OSAJIE is an individual resident of Texas 

4. Defendant UNKNOWN DRIVER is an individual presumed to reside in Texas. 

Plaintiffs' Origuial Petitioti 

EXHIBIT

Page 1 of 9 

2

Case 3:22-cv-01150-M Document 1-2 Filed 05/25/22 Page 1 of 10 PageID 8
5. Defendant Ai1'IAZON LOGISTICS INC. is a corporation doing business in Texas and 

may be served with process through its registered agent, CORPORATION SERVICE 

COMPANY DBA CSC - LAWYERS INCORPORATED, who may be served at 211 E. 

7TH STREET, SUITE 620 AUSTIN, TX 78701 or wherever they rnay be found. 

6. Defendant WANAAG TRANSPORT INC. is a corporation doing business in Texas and 

may be served with process through its registered agent, Mohamed Mohamed, who may 

be served at 124 Hwy 13 E, Suite 304, Burnsville, MN 55337or wherever he may be found. 

III. 

JURISDICTION & VENUE 

7. This Court has jurisdiction over the parties because the amount in controversy is within the 

jurisdictional limits of this Court. Additionally, this Court has jurisdiction over the parties 

because Defendants are Texas residents and/or do business in the State of Texas. 

8. Venue is proper in Dallas County in this cause pursuant to § 15.002(a)(l) of the CivII_ 

PRACTtCE & REMEDIEs CODE because the incident which forms the basis of this lawsuit 

occurred in Dallas County, Texas. 

9. Venue is proper in Dallas County in this cause pursuant to § 15.002(a)(2) of the Civt[. 

PRACTICE & REMEDIES CODE because Plaintiffs RHONDA JEAN ARMSTER AND 

D'AREA IGHO-OSAJIE are residents of Dallas County, Texas. 

IV. 

FACTS 

10. On or about June 24, 2020, Plaintiff RHONDA JEAN ARMSTER was operating her 

vehicle in a lawful manner while traveling in Dallas County, Texas, with PlaintiffD'AREA 

IGHO-OSAJIE as a passenger, when her vehicle was suddenly, violently, and without 

warning stnick by Defendant UNKNOWN DRIVER, who was operating a tractor/trailer 

Plaiitti.ff.c' Oi-igiiral Petition Page 2 of 9 

Case 3:22-cv-01150-M Document 1-2 Filed 05/25/22 Page 2 of 10 PageID 9
owned or under the control of AMAZON LOGISTICS INC., AND WANAAG 

TRANSPORT INC. As a result of the collision and the Defendant's negligence, 

RHONDA JEAN AItMSTER AND D'AREA IGHO-OSAJIE sustained injuries. 

V. 

CAUSES OF ACTION AGAINST 

DEFENDANT UNICNOWN DRIVER 

A. NEGLIGENCE 

11. The occurrence made the basis of this suit, reflected in the above paragraphs, and the 

resulting injuries and damages of Plaintiff were proximately caused by the negligent 

conduct of the Defendant UNKNOWN DRIVER, who operated the vehicle they were 

driving in a negligent manner by violating the duty which they owed the Plaintiff to 

exercise ordinary care in the operation of their motor vehicle in one or more of the 

following respects: 

a. failing to keep a proper lookout or such lookout, which a person of ordinary 

prudence would have maintained under same or similar circumstances; 

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

in question; 

c. operating his vehicle at a rate of speed that was greater than an ordiiiary 

prudent person would have driven under of similar circumstances; 

d. failing to turn the vehicle in an effort to avoid the collision in question; and 

e. failing to inaintain her vehicle in proper working order. 

12. Each of these acts and/or omissions, whether taken singularly or in any combination 

constitutes negligence and negligence per se which proximately caused the collision and 

injuries and other losses as specifically set forth herein. 

R. NEGLIGEVCE PER SE 

Plairrtiff.v' Oi-iginal Petitiol: Page 3 of 9 

Case 3:22-cv-01150-M Document 1-2 Filed 05/25/22 Page 3 of 10 PageID 10
13. Further, pursuant to the negligence per se doctrine, Defendant failed to exercise the 

mandatory standard of care in violation of V.T.C.A. TRANSPORTATION CODE, §545.152, 

which mandates that: 

§545.351 MAXIMUM SPEED REQUIREMENT 

(a) An operator may not drive at a speed greater than is reasonable and prudent 

under the circumstances then existing. 

(b) An operator: 

(1) May not drive a vehicle at a speed greater than is reasonable and prudent 

under the conditions and having regard for actual and potential hazards 

then existing; and 

(2) Shall control the speed of the vehicle as necessary to avoid colliding 

with another person or vehicle that is on or entering the highway in 

compliance with law and the duty of eacli person to use due care. 

(c) An operator shall, consistent with Subsections (a) and (b), drive at an 

appropriate reduced speed if: 

(1) The operator is approaching aiid crossing an intersection or railroad 

grade crossing; 

(2) The operator is approaching and going around a curve; 

(3) The operator is approaching a hill crest; 

(4) The operator is traveling on a narrow or winding roadway; and 

(5) A special hazard exists with regard to traffic, including pedestrians, or 

weather or highway conditions. 

14. Each of these acts and/or omissions, whether taken singularly or in any combination 

constitute negligence and negligence per se wliich proximately caused the collision and 

injuries and otlier losses as specifically set forth herein. 

CAUSE OF ACTiON AGAINST 

AMAZON LOGISTICS 1NC. 

A. RESPONDEAT SUPERIOR 

Plaintiff.c' Oi•iginal Petitiosz Page 4 of 9 

Case 3:22-cv-01150-M Document 1-2 Filed 05/25/22 Page 4 of 10 PageID 11
15. At all relevant times, Defendant UNKNOWN DRIVER was the agent or employee of 

Defendant AiYIAZON LOGISTICS INC. and was acting within the course and scope of 

his employment or agency. As such, AMAZON LOGISTICS INC. is vicariously liable 

for the above-referenced negligence and negligence per se of Defendant UNKNOWN 

DRIVER. 

B. NEGLIGENT ENTRUSTM[ENT 

16. On information and belief, Defendant AMAZON LOGISTICS INC. was negligent in the 

hiring and delegation of driving duties to Defendant UNKNOWN DRIVER: 

a. by failing to exercise due diligence in the hiring and employment of UNKNOVI'N 

DRIVER, including without limitations failing to review, or negligently reviewing, 

UNK11'OWN DRIVER'S driving record; 

b. by failing to properly monitor Defendant UNKNOWN DRIVER'S on-the job 

driving. 

17. The above acts and/or omissions were singularly and cumulatively the proximate cause of 

the occurrence in question and the resulting injuries suffered and damages sustained by 

Plaintiff. 

CAUSE OF ACTION AGAINST 

WANAAG TRANSPORT INC. 

A. RESPONDEAT SUPERIOR 

18. At all relevant times, Defendant UNKNOWN DRIVER was the agent or einployee of 

Defendant WANAAG TRAi\TSPORT INC. and were acting within the course and scope 

of his einployment or agency. As such, WANAAG TRANSPORT INC. is vicariously 

Plaintiffs' Original Petitioii Page 5 of 9 

Case 3:22-cv-01150-M Document 1-2 Filed 05/25/22 Page 5 of 10 PageID 12
liable for the above-referenced negligence and negligence per se of Defendants 

lflgl C4M]~.~I►'e 7 9 ►y n! 

B. NEGLIGENT ENTRUSTMENT 

19. On information and belief, Defendant WANAAG TRANSPORT INC. was negligent in 

the hiring and delegation of driving duties to Defendant UNKNOWN DRIVER: 

a. by failing to exercise due diligence in the hiring and employment of UNKNOWN 

DRIVER, including without limitations failing to review, or negligently reviewing, 

UNKNOWN DRIVER'S driving record; 

b. by failing to properly monitor Defendant UNKNOWN DRIVER'S on-the job 

driving. 

20. The above acts and/or omissions were singularly and cumulatively the proximate cause of 

the occurrence in question and the resulting injuries suffered and damages sustained by 

Plaintiff. 

VI. 

DAMAGES 

21. As a direct and proximate restilt ofthe collision and the negligent conduct of the Defendant, 

Plaintiff RHONDA JEAN ARMSTER AND D'AREA IGHO-OSAJIE suffered bodily 

injuries as reflected in the medical records from the health care providers that have treated 

the injuries since the collision. The injuries may be permanent in nature. The injuries have 

had an effect on the Plaintiff RHONDA JEAN ARMSTER AND D'AREA IGHOOSAJIE'S health and well-being. As a further result of the nature and consequences of 

his injuries, Plaintiff RHONDA JEAN ARMSTER AND D'AREA IGHO-OSAJIE has 

suffered and may continue to suffer into the future, physical pain and mental aiiguish. 

Plaintiffs' Oi•iginal Petition Page 6 of 9 

Case 3:22-cv-01150-M Document 1-2 Filed 05/25/22 Page 6 of 10 PageID 13
22. As a further result of all of the above, Plaintiff RHONDA JEAN ARMSTER AND 

D'AREA IGHO-OSAJIE has incurred expenses for her medical care and atteiition in the 

past and may incur medical expenses in the future to treat her injuries. 

23.	 Plaintiff RHONDA JEAN ARMSTER AND D'AREA IGHO-OSAJIE has also suffered 

losses and damages to his personal pi•operty, including but not limited to damage to her 

vehicle for which he has never been compensated. 

24.	 By reason of all of the above, Plaintiff has suffered losses and damages in a sum within the 

jurisdictional limits of this Court for which she now sties. 

25.	 Plaintiff asserts that the amount of any monetary damages awarded to Plaintiff should be 

decided by a jury of Plaintiff s peers. However, RULE 47 of the TEXAs RUt.Es OF CIVIL 

PROCEDURE requires Plaintiff to afCrmatively plead the amount of damages souglit. 

Pursuant to RUi.E 47 of the TExAs RULEs Or C1v1L PROCEDURE, Plaintiff seeks monetary 

relief OVER TWO HUNDRED THOUSAND AND 00/100 DOLLARS ($200,000.00) 

but not more than ONE MILLION AND 00/100 DOLLARS ($1,000,000.00) and a 

demand for judgment for all the other relief to wliich Plaintiff is justly entitled at the time 

of filing this suit, which, with the passage of time, may change. 

VII. 

INTE~EST 

26. Plaintiff further requests both pre judgment and post judgment interest on all their damages 

as allowed by law. 

VIII. 

DEMAND FOR J URY TRIAL 

27. Plaintiff demaiids a trial by.jury. Plaintiff acknowledges payment this date of the required 

jury fee. 

Plaintiffs' Original Petitioli Page 7 of 9 

Case 3:22-cv-01150-M Document 1-2 Filed 05/25/22 Page 7 of 10 PageID 14
X. 

NOTICE OF SELF-AUTfIENTICATION 

28. Pursuant to RUT.E 193.7 of the TEXAS RU'LES OF CNIL PROCEDURE, Defendant is 

hereby noticed that the production of any document in response to written discovery 

authenticates the document for use against that party in any pretrial proceeding or at trial. 

XI. 

DESIGiSATED E-SERVICE EMAIL ADDRESS 

29. The followiiig is the undersigned attorney's designated E-Service email address for all eserved documents and notices, filed and iinfiled, pursuant to Tex. R. Civ. P. 21(f)(2) & 21 a: 

service@bushlawgrp.com. This is the undersigned's only E-Service email address, and 

service tlirough any other email address will be considered invalid. 

XIII. 

PRAI'ER 

30. WIiEREFORE, PREMISES CONSIDERED, Plaintiffs request that the Defendant be 

cited to appear and answer, and on final trial hereafter, the Plaintiffs have judgment against 

the Defendant in an amount within the jurisdictional limits of this Court, together with all 

pre judgment and post judgment interest as allowed by law, costs of Court, and for such 

other and further relief to which Plaintiffs may be justly entitled by law and equity, 

including, but not lirnited to: 

1. Pain and suffering in the past; 

2. Pain and suffering in the future; 

3. Mental anguish in the past; 

4. Mental anguish in the future; 

5. Past medical expenses; 

6. Future medical expenses; 

7. Physical impairment in the past; 

8. Physical impairment in the future; 

9. Physical disfigurement in the past; 

10. Physical disfigurement in the future; 

11. Lost wages in the past; 

Plaintiffs' Original Petition Page 8 of 9 

Case 3:22-cv-01150-M Document 1-2 Filed 05/25/22 Page 8 of 10 PageID 15
12. Loss of future wage-earning capacity; 

13. Property damage; 

14. Loss of use; 

15. Special damages, including loss of houseliold services and other 

expenses; 

16. Pre judgment interest; and 

17. Post judgment interest. 

Respectfully submitted, 

BUSH & BUSH LAw GROUP 

/s/CHARLES BUSH 

Charles Bush 

Texas Bar No. 24096028 

Email: cbush a,bushlawgrp.com

Smaranda Dragliia-Hobbs 

Texas Bar No. 24102962 

Email: shobbsna,bushlawgrp.com

3710 Rawlins Street, Suite 1420 

Dallas, Texas 75219 

Telephone: (214) 615-6394 

Facsimile: (833) 817-6428 

E-service only: service@,bushlawgrp.com

ATTORVEYS FOR PLAIIYTIFF 

Plaintiffs' Original Petition Page 9 of 9 

Case 3:22-cv-01150-M Document 1-2 Filed 05/25/22 Page 9 of 10 PageID 16
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. 

Smaranda Hobbs on behalf of Smaranda Hobbs 

Bar No. 24102962 

shobbs@bushlawgrp.com

Envelope I®: 63235258 

Status as of 4/8/2022 11:35 AM CST 

Case Contacts 

Name BarNumber Emaii TimestampSubmitted Status 

Charles Bush service@bushlawgrp.com 4/4/2022 2:15:56 PM SENT 

Charles JonathanBush cbush@bushlawgrp.com 4/4/2022 2:15:56 PM SENT 

Rhonda Herbert rherbert@bushlawgrp.com 4/4/2022 2:15:56 PM SENT 

Smaranda Hobbs shobbs@bushlawgrp.com 4/4/2022 2:15:56 PM SENT 

Case 3:22-cv-01150-M Document 1-2 Filed 05/25/22 Page 10 of 10 PageID 17