THE STATE OF TEXAS CITATION

CAUSE N0. CC-22-00604—E COUNTY COURT AT LAW NO. Dallas County, Texas

T0: BELGER CARTAGE SERVICE, INC. C/O REGISTERED AGENT JOHN SIMS

1205 BROADWAY

LUBBOCK TX 79401

“You have been sued. You may employ an attorney. If you or your Attorney do not file WRITTEN ANSWER with

the clerk who issued this citation by 10:00 A.M. on the Monday next following the expiration oftwenty days after you were served this citation and PLAINTIFF'S ORIGINAL PETITION, default judgment may be taken against you. In

addition to filing 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 TexasLawHelp.org.” Your answer should be addressed to the clerk of County Court at Law No. ofDallas County, Texas at the Court House of said County, 600 Commerce Street, Suite 101, Dallas, Texas 75202.

CARLO MOYA, INDIVIDUALLY AND AS LEGAL GUARDIAN AND NEXT FRIEND 0F MINOR

Plaintijfls) VS. BELGER CARTAGE SERVICE, INC.; DAVID EUGENE ROGERS Defendant(s)

filed in said Court on the 3rd day of February, 2022, copy of which accompanies this citation. WITNESS: JOHN F. WARREN, Clerk of the County Courts of Dallas County, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Dallas, Texas, and issued this 11th day of February, 2022 A.D.

JOHN F. WARREN, Dallas County Clerk

Terrence Washington N0 OFFIER'S FEES HAVE BEN

COLLECTED BY DALLAS WUNTY CLERK

ATTORNEY CITATION

PLAINTIFF'S ORIGINAL PETITION

CC-22-00604-E

IN THE COUNTY COURT 0F DALLAS

County Court at Law No. Dallas County, Texas

CARLO MOYA, INDIVIDUALLY AND

AS LEGAL GUARDIAN AND NEXT

FRIEND OF MINOR, Plaintiff(s)

VS.

BELGER CARTAGE SERVICE, INC.; DAVID EUGENE ROGERS, Defendant(s)

SERVE: BELGER CARTAGE SERVICE, INC. C/O REGISTERED AGENT

JOHN SIMS

1205 BROADWAY

LUBBOCK TX 79401

ISSUED THIS

11TH DAY OF FEBRUARY, 2022

JOHN F. WARREN, COUNTY CLERK BY: TERRENCE WASHINGTON, DEPUTY

Attorney for Plaintiff SPENCER BROWNE

8222 DOUGLAS AVE

SUITE 400 DALLAS TX 75225 214-526-7900

'3‘“ C05

MN

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OFFICER’S RETURN

CC-22-00604-E County Court at Law No.

CARLO MOYA, INDIVIDUALLY AND AS LEGAL GUARDIAN AND NEXT FRIEND OF MINOR vs. BELGER CARTAGE SERVICE, INC., DAVID EUGENE ROGERS

ADDRESS FOR SERVICE: C/O REGISTERED AGENT JOHN SIMS

1205 BROADWAY

LUBBOCK TX 79401

Fees: Came to hand on the day of 20 at o’clock .m., and executed in County, Texas by delivering to BELGER CARTAGE SERVICE, INC. in person, true copy of this Citation together with the accompanying copy of the PLAINTIFF'S ORIGINAL PETITION with the date and

service at the following times and placesto-wit:

Name Date/Time Place, Course and Distance from Courthouse

And not executed as to the defendant(s),

The diligence used in finding said defendant(s) being:

and the cause or failure to execute this process is:

and the information received as to the whereabouts of said defendant(s) being:

Serving Petition and Copy Officer

Total County, Texas

By: Deputy

Affiant

Case 3:22-cv-00613-BK Document 1-1 Filed 03/16/22 Page 2 of 23 PageID 6
T0:

THE STATE OF TEXAS CITATION

CAUSE N0. CC-22-00604—E COUNTY COURT AT LAW NO. Dallas County, Texas

DAVID EUGENE ROGERS SERVE THROUGH TEXAS HIGHWAY TRANSPORTATION COMMISSION

J. BRUCE BUGG, JR., CHAIRMAN

125 E. 11TH STREET AUSTING, TEXAS 78701 DAVID EUGENE ROGERS

119 5TH ST CLIMAX KS 67137

“You have been sued. You may employ an attorney. If you or your Attorney do not file WRITTEN ANSWER with

the clerk who issued this citation by 10:00 A.M. on the Monday next following the expiration oftwenty days after you were served this citation and PLAINTIFF'S ORIGINAL PETITION, defaultjudgment may be taken against you. In

addition to filing written answer with the clerk, you may be required t0 make initial disclosures to the other parties of

this suit. These disclosures generally must be made no later than 30 days afier you file your answer with the clerk. Find

out more at TexasLawHelp.org.” Your answer should be addressed to the clerk of County Court at Law No. ofDallas County, Texas at the Court House of said County, 600 Commerce Street, Suite 101, Dallas, Texas 75202.

CARLO MOYA, INDIVIDUALLY AND AS LEGAL GUARDIAN AND NEXT FRIEND OF MINOR

Plainttffls)

VS. BELGER CARTAGE SERVICE, INC.; DAVID EUGENE ROGERS Defendant(s)

filed in said Court on the 3rd day of February, 2022, copy of which accompanies this citation. WITNESS: JOHN F. WARREN, Clerk of the County Courts of Dallas County, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Dallas, Texas, and issued this 28th day of February, 2022 A.D.

JOHN F. WARREN, Dallas County Clerk

ByM5 Deputy upe erez NO OFFIER‘S FEES HAVE BEN

COLLECFED BY DALLAS (DUN'IY CLERK

ATTORNEY CITATION

PLAINTIFF'S ORIGINAL PETITION

CC-22-00604-E

IN THE COUNTY COURT 0F DALLAS

County Court at Law No. Dallas County, Texas

CARLO MOYA, INDIVIDUALLY AND

AS LEGAL GUARDIAN AND NEXT

FRIEND OF MINOR, Plaintiff(s)

VS.

BELGER CARTAGE SERVICE, INC.; DAVID EUGENE ROGERS, Defendant(s)

SERVE: DAVID EUGENE ROGERS SERVE THROUGH TEXAS HIGHWAY

TRANSPORTATION COMMISSION

J. BRUCE BUGG, JR., CHAIRMAN

125 E. 11TH STREET AUSTING, TEXAS 78701 DAVID EUGENE ROGERS

119 5TH ST CLIMAX KS 67137

ISSUED THIS

28TH DAY OF FEBRUARY, 2022

JOHN F. WARREN, COUNTY CLERK BY: LUPE PEREZ, DEPUTY

Attorney for Plaintiff SPENCER BROWNE

8222 DOUGLAS AVE

SUITE 400 DALLAS TX 75225 awe 214-526-7900

fig?~l 1:111“

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OFFICER’S RETURN

CC-22-00604-E County Court at Law No. CARLO MOYA, INDIVIDUALLY AND AS LEGAL GUARDIAN AND NEXT FRIEND OF MINOR vs. BELGER CARTAGE SERVICE, INC., DAVID EUGENE ROGERS ADDRESS FOR SERVICE: DAVID EUGENE ROGERS SERVE THROUGH TEXAS HIGHWAY TRANSPORTATION COMMISSION

J. BRUCE BUGG, JR., CHAIRMAN

125 E. 11TH STREET AUSTTNG, TEXAS 78701 DAVID EUGENE ROGERS

119 5TH ST CLIMAX KS 67137 Fees: Came to hand on the day of ,20 at o’clock ..,m and executed1n County, Texas by delivering to DAVID

EUGENE ROGERS1n person, true copy of this Citation together with the accompanying copy of the PLAINTIFF'S ORIGINAL PETITION with the date and service at

the following times and placesto-wit:

Name Date/Time Place, Course and Distance from Courthouse

And not executed as to the defendant(s),

The diligence used in finding said defendant(s) being:

and the cause or failure to execute this process is:

and the information received as to the whereabouts of said defendant(s) being:

Serving Petition and Copy Officer

Total County, Texas

By: Deputy

Affiant

Case 3:22-cv-00613-BK Document 1-1 Filed 03/16/22 Page 4 of 23 PageID 8
CC-22-00604-E CAUSE NO.

CARLO MOYA, INDIVIDUALLY AND IN THE COUNTY COURT AS LEGAL GUARDMN AND NEXT

FRIEND OF X.X., MINOR AT LAW NO. V.

BELGER CARTAGE SERVICE, INC. AND DAVID EUGENE ROGERS DALLAS COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION

Plaintiff Carlo Moya, Individually and as Legal Guardian and Next Friend of X.X., Minor ("Plaintiff") files this Original Petition complaining of Defendants Belger Cartage Service,

Inc. and David Eugene Rogers ("Defendants") and for cause of action states the following: DISCOVERY CONTROL PLAN

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.

Pursuant to Rules 216 and 217 of the Texas Rules of Civil Procedure, Plaintiffrequests

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

of Plaintiff‘s Original Petition.

PARTIES

Plaintiff Carlo Moya is an individual residing in Dallas County, Texas. Carlo Moya is

father ofX.X., Minor, and appears herein Individually and as Legal Guardian and Next

Friend ofX.X.

Defendant David Eugene Rogers is nonresident. current search of records indicates

Plaintiff's Original Petition Page of7

FILED

2/3/2022 5:45 PM

JOHN F. WARREN

COUNTY CLERK DALLAS COUNTY

Case 3:22-cv-00613-BK Document 1-1 Filed 03/16/22 Page 5 of 23 PageID 9
that he resides at 119 5th St., Climax, KS 67137 and may be served by delivering 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 pursuantto Tex.CiV. Prac. Rem. Code 17.062.

Defendant Belger Cartage Service, Inc. is an incorporated entity and may be served through

its registered agentJohn Sims at 1205 Broadway, Lubbock, TX 79401.

VENUE AND JURISDICTION

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 ofthis Court.

FACTS

This lawsuit is based on motor vehicular collision occurring on or about May 26, 2021,

at or near the intersection of North Stemmons Freeway and Walnut Hill Lane in Dallas,

Texas (hereinafterreferred to as "The Collision").

The Collision was proximately caused by the negligence and or negligence perse of

Defendants.

CAUSES 0F ACTION

Negligence, Negligence Per Se, and Respondeat Superior

At the time of The Collision, Defendants Belger Cartage Service, Inc. and David Eugene

Rogers were negligent and or negligentper

se in one or more ofthe following particulars:

a. In failing to keep such lookout as person of ordinary prudence would have kept under the same or similar circumstances; b. In failing to timely apply the brakes of her vehicle in order to avoid the collision in

Plaintiff's Original Petition Page of7

Case 3:22-cv-00613-BK Document 1-1 Filed 03/16/22 Page 6 of 23 PageID 10
question; c. In driving vehicle at rate of speed which was greater

than that which an ordinarily prudent person would have driven under the same or similar

circumstances;

In failing to yield the right-of—way;

In failing to maintain the vehicle under control;

In following too closely;

In disregarding traffic signals;

In failing to take proper evasive action;

In driving while inattentive;

In driving while looking at Defendant’s cell phone, texting, emailing, or otherwise using cellular device which diverted Defendant’s attention from the road in front of Defendant; and

k. In violating Texas Transportation Code Section 545.062 (following distance), 545.351 (maximum speed requirement), and/or 545.4251 (use of portable wireless communication device for electronic messaging).

10. At the time of The Collision, Defendant David Eugene Rogers was acting in the course and

scope of his employment with Defendant Belger Cartage Service, Inc. As result,

Defendant Belger Cartage Service, Inc. is legally liable for the acts and omissions of

negligence of Defendant David Eugene Rogers under the doctrine ofrespondeat superior.

11. Defendant Belger Cartage Service, Inc. was negligent

in hiring Defendant David Eugene

Rogers as 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 ofDefendant David Eugene Rogers and its operation ofits company vehicle

system. Such negligence, singularity or in combination with others, proximately caused

The Collision.

12. 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.

Plaintiff's Original Petition Page of7

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PERSONAL INJURIES AND DAMAGES

13. As result of Defendants’ negligent actions, Carlo Moya suffered personal injuries.

Consequently, Carlo Moya seeks recovery of the following damages:

a. Medical Expenses: Carlo Moya incurred bodily injuries, which were

caused by The Collision and Carlo Moya incurred medical expensesfor treatment of such injuries. Carlo Moya believes that, in reasonable medical probability such

injuries will require the need for future medical care.

b. Physical Pain: Carlo Moya endured physical pain as result ofthe personal

injuries sustained in The Collision and reasonably anticipates

such pain will continue in the future.

c. Mental Anguish: Carlo Moya endured mental anguish as result of the personal injuries sustained in The Collision and reasonably anticipates

such mental anguish will continue in the future.

d. Disfigurement: Carlo Moya endured disfigurement as result of the personal injuries sustained in The Collision and reasonably anticipates

such will continue in the future.

e. Impairment: Carlo Moya endured physical impairment as result of the personal injuries sustained in The Collision and reasonably anticipates

such in the

future.

f. Loss ofEarning Capacity: Carlo Moya lost wages as result ofthe personal

injuries sustained in The Collision. Carlo Moya reasonably believes that such

injuries will diminish Plaintiff’s earning capacity in the future.

14. As result ofDefendants’ negligent actions, X.X. suffered personal injuries. Consequently,

Carlo Moya, Individually and as Legal Guardian and Next Friend ofX.X. seeks recovery

of the following damages:

a. Medical Expenses: X.X. incurred bodily injuries, which were caused by The Collision and Carlo Moya incurred medical expenses

for treatment of such

injuries. Carlo Moya believes that, in reasonable medical probability such injuries will require the need for future medical care.

b. Physical Pain: X.X. endured physical pain as result of the personal

Plaintiff's Original Petition Page of7

Case 3:22-cv-00613-BK Document 1-1 Filed 03/16/22 Page 8 of 23 PageID 12
injuries sustained in The Collision and Carlo Moya, Individually and as Legal Guardian and Next Friend of X.X. reasonably anticipates

such pain will continue

in the future.

c. Mental Anguish: X.X. endured mental anguish as result of the personal

injuries sustained in The Collision and Carlo Moya, Individually and as Legal Guardian and Next Friend ofX.X. reasonably anticipates

such mental anguish Will continue in the future.

d. Disfigurement: X.X. endured disfigurement as result of the personal

injuries sustained in The Collision and reasonably Carlo Moya, Individually and as Legal Guardian and Next Friend of X.X. anticipates

such will continue in the

future.

e. Impairment: X.X. endured physical impairment as result of the personal

injuries sustained in The Collision and reasonably Carlo Moya, Individually and as Legal Guardian and Next Friend ofX.X. anticipates

such 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.

PROPERTY DAMAGE

16. As proximate result of the above-detailed conduct on the part of the Defendants, the

vehicle Plaintiff was in at the time of the collision was damaged in an amount in excess of

the jurisdictionallimits of this Court, for which the Defendants are hereby sued and

recovery is sought. U.S. LIFE TABLES

l7. 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

Plaintiff's Original Petition Page of7

Case 3:22-cv-00613-BK Document 1-1 Filed 03/16/22 Page 9 of 23 PageID 13
18.

19.

20.

Report

in the trial of this matter. Plaintiffrequests

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

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

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

ofthis case. All conditions precedentto Plaintiff‘s rightto recover the relief sought herein

have occurred or have been performed.

As required by Rule 47(b), Texas Rules ofCivil Procedure, Plaintiff states that the damages

sought are in an amount within the jurisdictional

limits ofthis 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, Plaintiffwill be

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

Plaintiffrequeststhat Defendants be cited to appear and answer, and that this case be tried

after which Plaintiffrecover:

a. Judgment against Defendants for sum within the jurisdictionallimits of

this Court for the damagesset forth herein; Pre-judgment

interest at the maximum amount allowed by law; Post-judgment

interest at the maximum rate allowed by law; Costs of suit; and

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

Plaintiff's Original Petition Page of7

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Plaintiff's Original Petition Page of7

Respectfully submitted,

REYES BROWNE REILLEY

/s/ Spencer P. Browne Spencer P. Browne

State Bar No. 240405 89 Hussain Ismail State Bar No. 24087782

8222 Douglas Avenue, Suite 400 Dallas, TX 75225

(214) 526-7900

(214) 526-7910 (FAX) spencer@reyeslaw.com

hussain@reyeslaw.com

ATTORNEYS FOR PLAINTIFF

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REYES BROWNE REILLEY

8222 Douglas Avenue, SUITE 400 DALLAS, TEXAS 75225 www.ReyesLaw.com

214.526.7900

877.308.7900 214.526.7910

February 11, 2022

DALLAS COUNTY DISTRICT CLERK

IKER lDAlJA&S(X)lHVTX’CIJERI(

Dear Clerk:

Please issue citation for David Eugene Rogers, by and through J. Bruce Bugg,

Jr., Chairman, Texas Transportation Commission, 125 E. 11th Street, Austin, Texas 78701 on Plaintiffs Original Petition filed on 2/3/2022.

Once issued, please E-SERVE or EMAIL to Alliancetexas@hotmail.com.

Feel free to 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

REYES REYES BROWNE REILLEY

8222 Douglas Ave, Ste. 400 Dallas, TX 75225 214-526-7900 214-526-7910 (fax) ATTORNEYS FOR PLAINTIFF

21052887697

FILED

2/11/2022 5:14 PM

JOHN F. WARREN

COUNTY CLERK DALLAS COUNTY

Case 3:22-cv-00613-BK Document 1-1 Filed 03/16/22 Page 12 of 23 PageID 16
JUDGE JUAN RENTERIA

COUNTY COURT AT LAW NO. GEORGE ALLEN, SR. COURTS BUILDING

600 COMMERCE STREET, 5th FLOOR DALLAS, TEXAS 75202-5792 214-653-6503 Chambers ofJuan Renteria February 15, 2022

SPENCER BROWNE

8222 DOUGLAS AVE

SUITE 400 DALLAS TX 75225

Re: Cause No CC-22-00604—E

Cause Style: CARLO MOYA, INDIVIDUALLY AND AS LEGAL GUARDIAN AND NEXT

FRIEND OF MINOR vs. BELGER CARTAGE SERVICE, INC., DAVID EUGENE ROGERS

Dear Attorney:

The above case is set for dismissal, pursuantto Rule 165A, Texas Rule ofCivil Procedure, on: May 16, 2022 at 9:00 a.m.

If no answer has been filed, or ifthe answer filed is insufficient as matter oflaw to place any ofthe facts alleged in your petition in issue, you will be expected to have moved for, and to have had heard, summary

judgment or to have proved up default judgment on or prior

to that date. Your failure to have done so will

result in the dismissal of the case on the above date.

If an answer has been filed that is sufficient to create fact issue that prevents disposition ofthe entire case, or

if you have been unable to obtain service of process, you should plan to notify the court to obtain reset of the dismissal date or trial setting as appropriate.

In no event will live witnesses be required unless the default prove-up is for an un-liquidated claim. Liquidated claims and attorneys

fees may be proved up by affidavit with form ofjudgment.

If you should have any questions, please feel free to call us.

Very Truly Yours,

Judge Juan Renteria County Court at Law No. Dallas County, Texas

*[F JURYDEMAND IS REQUESTED, IT MUST BE MADE IN WRITING AND SUBMITED WITH $22.00 FOR THE JURY

FEES TO: IWR. JOHN WARREN, DALLAS COUNTY CLERK, 600 COMMERCE, #101, DALLAS, TEXAS 75202*

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