1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

ROY ROMEO BEJJANI, §

§

Plaintiff, § 

§

v. § CIVIL ACTION NO. ________________

§ 

EDWARD EARL PRICE, §

BRITTANY ROBERTS, and §

THOMAS CONTRACTING, LLC §

§

§

Defendants. §

 

PLAINTIFF’S ORIGINAL COMPLAINT

NOW COMES Plaintiff ROY ROMEO BEJJANI (hereinafter “Plaintiff”) and 

files this Plaintiff’s Original Complaint against Defendants EDWARD EARL PRICE, 

BRITTANY ROBERTS and THOMAS CONTRACTING, LLC, and as such would 

respectfully show unto the Court as follows: 

I. NATURE OF THIS CIVIL ACTION

1.1 This is a civil action for money damages to remedy and compensate 

Plaintiff Roy Romeo Bejjani for the catastrophic injuries he sustained, including a 

traumatic pneumothorax, laceration of his spleen and kidney laceration which were 

proximately caused by Defendants’ negligence and reckless disregard for the rules of 

the road. Plaintiff will show Defendants were negligent, negligent per se, grossly 

negligent, and violated a host of regulations, rules and standards that proximately 

caused Plaintiff’s injuries and damages.

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 1 of 14 PageID 1
2

II. PARTIES

2.1 Plaintiff ROY ROMEO BEJJANI is an individual, resident and citizen 

of the State of Texas. 

2.2 Defendant EDWARD EARL PRICE (hereinafter “Defendant Price”) is 

an individual, resident and citizen of the State of Mississippi. Defendant Price was 

involved in the serious motor vehicle wreck made the basis of this lawsuit, and hence 

committed a tort in the State of Texas. Defendant EDWARD EARL PRICE may be 

served by serving him at his residence located at 1490 Price Road, Lexington, MS 

39095, pursuant to Federal Rule of Civil Procedure 4.

2.3 Defendant BRITTANY ROBERTS (hereinafter “Defendant Roberts”) is 

an individual, resident and citizen of the State of Mississippi. Defendant Roberts 

owned the commercial truck that Defendant Price was operating in the State of Texas 

at the time of the collision, is believed to have entrusted said vehicle to Defendant 

Price and is believed to have been engaged in a partnership and/or joint venture or 

enterprise with Defendant Price when the motor vehicle collision at issue occurred in 

Texas. Defendant BRITTANY ROBERTS may be served by serving her at her

residence located at 1490 Price Road, Lexington, MS 39095, pursuant to Federal Rule 

of Civil Procedure 4.

2.4 Defendant THOMAS CONTRACTING, LLC (hereinafter “Defendant 

Thomas”) is foreign corporation registered in Alabama. Defendant Thomas is 

believed to do substantial business in the State of Texas, including shipping, carrying, 

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 2 of 14 PageID 2
3

transporting, traversing, and delivering goods in and through the State of Texas, was 

involved in the serious motor vehicle wreck made the basis of this lawsuit, and 

committed a tort in the State of Texas. Defendant Thomas operates under USDOT 

number 1190172 and under Motor Carrier number 00523413. As a condition to 

operate under its USDOT number, Defendant Thomas has filed a Form BOC-3 

electing to designate a blanket agent for service of process subjecting it and 

consenting to jurisdiction in Texas. Pursuant to its BOC-3 filing, Defendant 

THOMAS CONTRACTING, LLC has designated DOTPROCESSAGENTS.COM LLC

as its blanket agent for service of process and in Texas may be served with this

lawsuit by serving its agent All States Truck Permits, 128 East 5th St., Hereford, 

Texas 79045, pursuant to Federal Rule of Civil Procedure 4.

III. JURISDICTION AND VENUE

 

3.1 This Court has jurisdiction over this lawsuit pursuant to 28 U.S.C. § 

1332 because Plaintiff and the Defendants are citizens of different states and the 

amount in controversy well exceeds $75,000.00, excluding interest and costs, and the 

motor vehicle collision at issue occurred in the State of Texas.

3.2 Venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(2) 

because a substantial part of the events or omissions giving rise to the claims herein 

occurred in this district. Specifically, the commercial motor vehicle wreck at issue 

occurred in this district, in Weatherford, Parker County, Texas.

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 3 of 14 PageID 3
4

IV. FACTUAL ALLEGATIONS

4.1 Upon information and belief, Defendant Thomas Contracting, LLC is a 

motor carrier for profit that operates commercial motor vehicles on public roads, 

including in Texas and was doing so on at least this occasion involving the wreck at 

issue. Among those commercial vehicles operated by Defendants was the commercial 

motor vehicle involved in this wreck—a Chevrolet 3500HD pickup truck with License 

Plate B26697, VIN 1GC4K0C84BF119957, connected to a trailer with License Plate 

TLRJ3476, VIN 53VBC2023LG037573, with a 2009 Hyundai with License Plate 

ATF356, VIN KMHDU46D09U701341 loaded on the trailer (hereinafter “commercial

motor vehicle”). Defendant Thomas and Defendant Roberts placed Defendant Price

behind the wheel of this commercial motor vehicle despite Price’s apparent lack of 

experience, qualification and/or proper training in basic safety laws and driving, as

well as policies and procedures and commercial vehicle industry standards. Price is 

believed to have been an employee of Defendant Thomas. And, in any event, Price

was certainly a statutory employee under 49 CFR 390.5, acting in the course and 

scope of his employment for Defendant Thomas at the time of the collision at issue 

herein.

4.2 On or about December 29, 2020, Defendant Price was conducting 

business for Defendant Thomas while operating a truck owned by Defendant Roberts. 

Defendant Thomas was pulling a large flatbed trailer, Mississippi License Plate 

TLRJ3476 and VIN 53VBC2023LG037573. He was transporting a vehicle on the 

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 4 of 14 PageID 4
5

flatbed trailer and that vehicle was a Hyundai Elantra, Mississippi License Plate 

ATF356 and VIN KMHDU46D09U701341. 

4.4 Upon information and belief, Defendant Price was operating the 

commercial motor vehicle westbound on the access road to Interstate 20 when he 

completely blew through the stop-sign located at the intersection of I-20 and Holland 

Lake Drive.

4.5 Running a stop-sign is a gross violation of a basic driving rule that 

anyone and everyone should be aware of, especially a “trained” commercial vehicle 

driver. 

4.6 Defendants Price, Roberts and Thomas knew or should have known that 

running a stop-sign at highway speeds can cause catastrophic consequences such as 

those suffered by Plaintiff.

4.7 Upon information and belief, there was no emergency or mechanical 

failure excusing or permitting the dangerous and reckless driving of Defendants’

Dually Truck.

4.8 At the time of the collision, Plaintiff Roy Romeo Bejjani was a restrained 

passenger in a 2020 white, Ford Focus, Texas License Plate LLM8486, VIN 

1FAHP2E80DG154106 that was being driven by his friend, Nicole. Plaintiff and his 

friend were traveling northbound at the 1700 block of Holland Lake Drive and I-20. 

Their vehicle came to a stopped at the stop sign and then proceeded through the 

intersection. As they were proceeding through the intersection, Defendant Price, who 

was operating the commercial motor vehicle came out of nowhere and without 

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 5 of 14 PageID 5
6

warning and blew through the stop-sign at highway speed limits. The investigating 

officer with the Weatherford Police Department stated in his report that the 

cause of the wreck was Defendant Price’s failure to stop at the stop-sign. 

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 6 of 14 PageID 6
7

4.9 As a proximate result of the Defendants’ negligence, negligence per se, 

and gross negligence which caused the collision between the two vehicles as herein 

described, Plaintiff suffered catastrophic personal bodily injuries, including a

traumatic pneumothorax, laceration of his spleen and kidney laceration. 

V. PLAINTIFF’S CAUSES OF ACTION 

A. CLAIMS OF NEGLIGENCE

5.1 All preceding statements and allegations of the complaint are 

incorporated and realleged as if expressly set forth herein.

5.2 Defendants had a duty to exercise the degree of care that a reasonably 

careful licensed commercial motor carrier and that a reasonably careful licensed 

commercial motor vehicle operator would use to prevent collisions and avoid causing

harm to others under similar circumstances, including following basic rules of the 

road.

5.3 Defendants were subject to and required to obey the minimum safety 

standards established by the Federal Motor Carrier Safety Regulations (“FMCSR”)

(49 CFR § 301-399), either directly and/or as adopted under Texas law and the Texas 

Commercial Motor Vehicle Drivers Handbook. Upon information and belief, Defendants will 

be shown to have committed negligence by violating the following, including but not limited 

to:

(a) Failing to operate the commercial motor vehicle in a reasonably safe and 

prudent manner;

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 7 of 14 PageID 7
8

(b) Failing to obey the traffic control device (failing to stop at the posted 

stop sign); 

(b) Failing to control the speed of the commercial motor vehicle and/or 

driving at an unsafe speed;

(d) Driving recklessly and needlessly endangering other drivers on the 

roadway; 

(f) Failing to pay attention to the road and driving conditions;

(h) Failing to properly and/or timely apply the brakes of the commercial 

motor vehicle in order to avoid the collision in question;

(i) Failing to keep a proper lookout as a commercial motor carrier driver 

using ordinary care would have done;

(j) Failing to maintain proper control of the commercial motor vehicle as a 

commercial driver using ordinary care would have done under the same 

or similar circumstances;

(k) Failing to take proper and timely evasive action;

(l) In driver inattention and/or distracted driving; 

(m) Violently striking the vehicle in which Roy Bejjani was a passenger and 

nearly killing him; and

(n) Other negligent acts and omissions to be identified as discovery is 

conducted.

5.4 Each of the foregoing acts or omissions, singularly or in combination 

with others, constituted negligence, which proximately caused the above-referenced 

occurrence and Plaintiff’s injuries and damages.

B. NEGLIGENCE PER SE

5.5 Upon information and belief Defendant Price was negligent per se in 

committing acts that violated various statutes intended to protect the safety of 

persons traveling on the roadways, including:

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 8 of 14 PageID 8
9

(a) Failing to stop at a stop sign in violation of §544.010 of the Texas 

Transportation Code;

(b) Failing to control the speed of the truck and/or driving at an unsafe 

speed, in violation of §545.352 of the TEXAS TRANSPORTATION CODE and 

Section 2.6 of the Texas Commercial Driver’s Manual;

(c) Failing to safely manage the space ahead in violation of Section 2.7 of 

the Texas Commercial Driver’s Manual; and

(d) Engaging in reckless driving in violation of Texas Transportation Code 

§545.401(a).

5.6 The acts and omissions described above, singularly or in any 

combination, amount to negligence and/or negligence per se, and were a proximate 

cause of the collision made the basis of this suit and the Plaintiff’s injuries and 

damages. 

C. NEGLIGENT HIRING, TRAINING, RETENTION, SUPERVISION AND FAILURE TO 

CONTROL

5.7 Upon information and belief, Defendant Thomas Contracting and/or 

Brittany Roberts owed a duty to other motorists, including Roy Bejjani, to hire safe, 

competent drivers, to implement and enforce safety policies and procedures, to train, 

instruct, monitor and supervise its drivers, and to take actions to control their drivers 

to prevent collisions and injuries to other motorists, including Roy Bejjani, but failed 

to do so. Defendant Thomas Contracting and/or Brittany Roberts’ negligent acts 

and/or omissions in this regard include, but are not limited to, the following:

(a) Failing to train and instruct drivers in proper driving techniques

contained in the FMCSR and as adopted under Texas law and the Texas 

Commercial Motor Vehicle Drivers Handbook; 

(b) Failing to prohibit unsafe driving practices; 

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 9 of 14 PageID 9
10

(c) Permitting, encouraging, and approving unsafe driving practices; 

(d) Failing to implement and/or enforce reasonable policies and procedures 

pertaining to safe driving operations; 

(e) Failing to monitor drivers; 

(f) Negligent and reckless hiring, qualification, and retention of unfit, 

unsafe drivers; 

(g) Negligent entrustment of commercial motor vehicle to unfit, unsafe 

drivers; 

(h) Negligently creating or allowing a culture of non-compliance by failing 

to require observance of, and approving violations of, rules and 

regulations for commercial motor vehicles; and 

(i) Aiding, abetting and encouraging drivers to violate the rules of the road.

5.8 The acts and omissions described above, singularly or in any 

combination, amount to negligence and/or negligence per se, and were a proximate 

cause of the collision involving Roy Bejjani made the basis of this suit and of the 

Plaintiff’s injuries and damages. 

D. VICARIOUS LIABILITY – RESPONDEAT SUPERIOR AND STATUTORY EMPLOYEE 

5.9 At the time of the collision and at all relevant and material times, 

Defendant Edward Earl Price was driving the commercial motor vehicle in question 

on behalf of Defendant Thomas Contracting, and Defendant Price was operating the 

commercial motor vehicle in his capacity as an employee and/or statutory employee

for Thomas Contracting. Hence, Defendant Thomas Contracting is vicariously liable 

for the acts of Defendant Price. See 49 U.S.C. § 14102(a); 49 C.F.R. § 376.12 (c); 49 

C.F.R. § 376.26; 49 C.F.R. § 390.5.

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 10 of 14 PageID 10
11

E. PARTNERSHIP, JOINT VENTURE, JOINT ENTERPRISE, AND/OR

AGENCY

5.10 Additionally, and/or alternatively, upon information and belief, 

Defendant Price, Defendant Roberts, and/or Defendant Thomas Contracting were 

engaged in a partnership, joint venture, and/or joint enterprise and/or said 

Defendants were acting as the agent of one another making each vicariously liable 

for the acts and omissions the other.

F. GROSS NEGLIGENCE OF DEFENDANTS 

5.11 Upon information and belief, the negligent acts and/or omissions of 

Defendants Price, Roberts and Thomas as set forth herein constitute an entire want 

to care as to indicate that such acts and/or omissions were the result of conscious 

indifference to the rights, safety and welfare of others, including Plaintiff Roy Romeo 

Bejjani, and thus amount to gross negligence as that term is defined by the laws of 

the State of Texas. The acts and/or omissions of Defendants Price, Roberts and 

Thomas, when viewed objectively from their standpoint at the time of the occurrence, 

involved an extreme degree of risk, considering the probability and magnitude of the 

potential harm to others. Further, upon information and belief, Defendants Price, 

Roberts and Thomas had actual, subjective awareness of the risks involved, yet 

nevertheless proceeded with conscious indifference to the rights, safety, or welfare of 

others, including Plaintiff Roy Romeo Bejjani. As such, the jury should consider 

assessing punitive or exemplary damages against each Defendant.

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 11 of 14 PageID 11
12

5.12 Plaintiff’s injuries, harms, losses and damages were proximately caused 

by all Defendants’ negligence, negligence per se, and gross negligence, as well as a

careless and reckless disregard for their duty to the public.

VI. PERSONAL INJURIES AND DAMAGES

6.1 As a proximate result of Defendants’ negligence, negligence per se, and 

gross negligence, Plaintiff has suffered severe bodily, economic, and mental 

injuries. Consequently, Plaintiff is seeking compensation for the following damages:

a. Physical Pain: Plaintiff has endured physical pain in the past and will 

endure pain in the future;

b. Mental Anguish: Plaintiff has endured mental anguish in the past and 

will endure mental anguish in the future; and

c. Impairment: Plaintiff has endured physical impairment and cognitive 

impairment in the past and may continue to suffer the effects in the 

future.

6.2 In all reasonable probability, Plaintiff will continue to suffer from these 

injuries in the future and is seeking compensation for such future damages.

6.3 In light of the gross negligence of Defendants Thomas, Price and 

Roberts, the jury should consider assessing punitive or exemplary damages against 

each Defendant.

VII. JURY DEMAND 

7.1 Plaintiff asserts his rights under the Seventh Amendment to the U.S. 

Constitution and demands, in accordance with Federal Rule of Civil Procedure 38, a 

trial by jury on all issues herein. 

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 12 of 14 PageID 12
13

VIII. PRAYER FOR RELIEF SOUGHT

8.1 WHEREFORE, PREMISES CONSIDERED, Plaintiff prays and 

requests that Defendants be cited to appear and answer and that this case be tried 

after which Plaintiff recover from and have judgment against Defendants, jointly and 

severally:

a. For the actual past and future damages indicated above and/or proved 

at trial to fully compensate Plaintiff for his harms and losses suffered;

b. For any punitive or exemplary damages determined appropriate by the 

trier of fact;

c. Prejudgment interest at the maximum amount allowed by law;

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

e. Costs of suit; and

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

Respectfully submitted,

By: /s/Jason B. Stephens

 Jason B. Stephens

 Texas State Bar No. 24003001

 STEPHENS LAW FIRM, PLLC

 1300 S. University Dr., Suite 406

 Fort Worth, Texas 76107

 (817) 420-7000

 (817) 420-7777 facsimile

 jason@stephenslaw.com

 LEAD COUNSEL FOR PLAINTIFF

 

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 13 of 14 PageID 13
14

PLEASE SERVE:

Edward Earl Price

1490 Price Road

Lexington, MS 39095

Brittany Roberts 

1490 Price Road

Lexington, MS 39095

Thomas Contracting, LLC

Can be served through its registered BOC-3 agent;

All States Truck Permits

128 East 5th St.

Hereford, Texas 79045

Case 4:22-cv-00160-P Document 1 Filed 03/02/22 Page 14 of 14 PageID 14