PLAINTIFF’S ORIGINAL PETITION PG. 1

CAUSE NO. ______________________

THEODORE PARKER, § IN THE DISTRICT COURT

 Plaintiff, §

§

v. § ____ DISTRICT COURT

§

JOHN DAMIANRODRIGUEZ and 

UNITED STATES POSTAL SERVICE,

§

§

Defendants. § TARRANT COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, THEODORE PARKER, Plaintiff, and files this, his Original Petition 

complaining of Defendants, JOHN DAMIAN RODRIGUEZ AND UNITED STATES POSTAL 

SERVICE, and respectfully shows the Court the following:

I.

DISCOVERY CONTROL PLAN

Plaintiff seeks monetary relief over $1,000,000.00, including damages of any kind, 

penalties, costs, expenses, pre-judgment interest, and attorney fees. Plaintiff intends to 

conduct Discovery in this case under Level 2 of the Texas Rules of Civil Procedure 190.3. 

II.

JURISDICTION & VENUE

This Court maintains jurisdiction over Defendant because the torts at issue were 

committed in Texas. Pursuant to TEX. CIV. PRAC. & REM. CODE § 15.002(a)(2), venue 

is proper in TARRANT COUNTY, TEXAS because Defendant JOHN DAMIAN RODRIGUEZ was a 

resident in TARRANT COUNTY, TEXAS at the time the cause of action occurred.

III.

PARTIES

Plaintiff, THEODORE PARKER, is a resident of TARRANT COUNTY, TEXAS.

Defendant, JOHN DAMIAN RODRIGUEZ, resides in TARRANT COUNTY, TEXAS and can 

be served with process at 1841 Hillcrest Street, Fort Worth, Texas 76107 or wherever he 

may be found. 

048-329280-21 FILED

TARRANT COUNTY

9/24/2021 1:43 PM

THOMAS A. WILDER

DISTRICT CLERK

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PLAINTIFF’S ORIGINAL PETITION PG. 2

Defendant, UNITED STATES POSTAL SERVICE is an executive branch of the United 

States federal government and may be served with process by serving the United States 

Office of the Attorney General, Merrick B. Garland, at 950 Pennsylvania Avenue, NW, 

Washington, DC 20530.

IV.

BACKGROUND FACTS

This lawsuit is based on a motor vehicle collision that occurred on October 15, 

2019, in TARRANT COUNTY, TEXAS. On the date of the accident, Plaintiff THEODORE PARKER

was travelling eastbound on Westcreek Drive in TARRANT COUNTY, TEXAS. Defendant, 

JOHN DAMIAN RODRIGUEZ, while in the course and scope of his employment with 

Defendant UNITED STATES POSTAL SERVICE, was travelling northbound on Glenbrook 

Lane. Defendant, JOHN DAMIAN RODRIGUEZ, failed to yield the right of way to Plaintiff 

when attempting to make an unsafe u-turn and collided with Plaintiff’s vehicle. As a 

result of Defendant JOHN DAMIAN RODRIGUEZ’ negligence, Plaintiff suffered property 

damage and personal injuries. Plaintiff has incurred substantial medical bills and injuries 

as a result of the collision. 

At the time of the collision, Defendant JOHN DAMIAN RODRIGUEZ was negligently 

and/or recklessly operating a vehicle that was owned/rented by Defendant UNITED 

STATES POSTAL SERVICE. 

V.

CAUSES OF ACTION

NEGLIGENCE – DEFENDANT JOHN DAMIAN RODRIGUEZ

Plaintiff incorporates by reference the allegations contained in the foregoing 

paragraphs.

The collision and the resulting injuries and damages were proximately caused by 

the negligent conduct of Defendant JOHN DAMIAN RODRIGUEZ in one or more of the 

following respects:

i. In failing to safely operate one’s vehicle;

ii. In driving while distracted;

iii. In driving recklessly;

iv. In failing to yield the right of way;

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PLAINTIFF’S ORIGINAL PETITION PG. 3

v. In making an improper u-turn;

vi. In failing to take evasive action; and

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

have kept under the same or similar circumstances.

Each of the foregoing acts and omissions, either taken singularly or in combination 

with others constituted negligence and negligence per se, which proximately and directly 

caused the collision and Plaintiff’s injuries and damages.

NEGLIGENT ENTRUSTMENT – UNITED STATES POSTAL SERVICE

On October 15, 2019, UNITED STATES POSTAL SERVICE owned the vehicle that was 

operated by Defendant JOHN DAMIAN RODRIGUEZ. Prior to and at the time in question, 

Defendant UNITED STATES POSTAL SERVICE entrusted the vehicle to Defendant JOHN 

DAMIAN RODRIGUEZ for the purpose of operating it on public streets and highways. 

Thereafter, Defendant JOHN DAMIAN RODRIGUEZ operated the vehicle with the 

knowledge, consent, and permission of Defendant UNITED STATES POSTAL SERVICE.

At such time, Defendant UNITED STATES POSTAL SERVICE knew or should have 

known that Defendant JOHN DAMIAN RODRIGUEZ was incompetent or unfit to safely 

operate a motor vehicle on public streets and highways in that Defendant JOHN DAMIAN

RODRIGUEZ was reckless and/or negligent. Defendant UNITED STATES POSTAL SERVICE

knew, or in the exercise of due care, should have known, that Defendant JOHN DAMIAN

RODRIGUEZ was an incompetent driver and would create an unreasonable risk of danger 

to persons or property on public streets and highways in Texas.

RESPONDEAT SUPERIOR – DEFENDANT UNITED STATES POSTAL SERVICE

Defendant UNITED STATES POSTAL SERVICE is liable under the legal doctrine of 

Respondeat Superior. Defendant JOHN DAMIAN RODRIGUEZ was an acting agent, 

representative, and/or employee of Defendant UNITED STATES POSTAL SERVICE. Thus, 

Defendant UNITED STATES POSTAL SERVICE, is vicariously liable for all of Plaintiff’s 

damages arising from the Collision, under the legal doctrine of Respondeat Superior.

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PLAINTIFF’S ORIGINAL PETITION PG. 4

VI.

DAMAGES

Plaintiff incorporates the previous paragraphs by reference as though fully set 

forth in their entirety. Plaintiff incurred the following actual damages for which they seek 

recovery:

a. Medical Expenses: Plaintiff incurred bodily injuries which were caused by 

the Collision. Plaintiff incurred medical expenses in the past and will incur 

medical expenses in the future.

b. Physical Pain: Plaintiff endured severe and constant physical pain in the 

past and will endure pain in the future.

c. Mental Anguish: Plaintiff endured mental anguish in the past and will 

endure mental anguish in the future.

d. Physical Impairment: Plaintiff endured physical impairment in the past and 

will endure physical impairment in the future.

JOINT AND SEVERAL LIABILITY

Plaintiff will show that the negligent and/or gross negligent acts of the respective 

Defendants together and/or with the acts or omissions of any alleged third parties to 

produce one, indivisible injury to Plaintiff. Pursuant to Chapter 33.015(b) of the Texas 

Civil Practice and Remedies, Plaintiff pleads that any Defendant found to be more than 

50% responsible is jointly and severally liable for the entire amount of Plaintiff’s damages.

VII.

REQUIRED DISCLOSURES

Under Texas Rule of Civil Procedure 194, Defendant is required to disclose, within 

30 days of Defendant’s First Answer, the information or material described in Rule 194.2.

VIII.

REQUEST FOR RELIEF

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

intention to use during the trial of this case any of the documents exchanged in this case. 

Plaintiff requests that Defendant be cited to appear that upon final trial, and recover from 

Defendant judgment for:

i. Actual damages within the jurisdictional limits of the Court;

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PLAINTIFF’S ORIGINAL PETITION PG. 5

ii. Pre-judgment interest at the maximum rate allowed by law; 

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

iv. Costs of Court; and 

v. Such other and further relief to which Plaintiff may be entitled at law or 

equity.

Respectfully submitted,

FIELDING LAW, PLLC

/s/ Clayton Parry

MICHAEL S. FIELDING

State Bar No. 24065226

CLAYTON PARRY

State Bar No. 24091417

18601 Lyndon B. Johnson Freeway

Town East Tower, Suite 315

Mesquite, Texas 75150 

Telephone: 214.666.8625

Fax: 214.279.6439

eservice@fieldinglaw.com

ATTORNEYS FOR PLAINTIFF

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