Case 1:22-cv-00159-H Document 1-5 Filed 10/24/22 Page 1 of 10 PageID 157
FILED CIT ESERVE 9/15/2022 12:59 PM

FELICA PITRE DISTRICT CLERK DALLAS 00., TEXAS DC-22-13129 Cynthia Willis DEPUTY CAUSE NO.

ANA VASQUEZ, IN THE DISTRICT COURT PLAINTIFF,

101 st

v. JUDICIAL DISTRICT

TIMOTHY HILL, INDIVIDUALLY, XPO LOGISTICS EXPRESS, LLC DEFENDANTS. DALLAS COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE TO

DEFENDANTS

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, ANA VASQUEZ, Plaintiffherein, complaining of and against TIMOTHY

HILL, INDIVIDUALLY, XPO LOGISTICS EXPRESS, LLC, Defendants herein, and would

respectfully show unto the Court as follows:

TEXAS RULE 47 STATEMENT OF MONETARY RELIEF SOUGHT

Plaintiff prefers to have this Honorable Judge or jury determine the fair amount of

compensation for Plaintiffs damages, and Plaintiffs place the decision regarding the amount of

compensation to be awarded in this Honorable Judge orjury’s hands. However, pursuant

to Rule

47 of the Texas Rules ofCivil Procedure, Plaintiffis required to provide statement regarding the

amount ofmonetary relief sought. Accordingly, Plaintiffs states that the monetary relief soughtis

between more than $10,000.00 but less than $250,000.00. DISCOVERY CONTROL PLAN

Plaintiff intends to conduct discovery under Discovery Level in accordance with Texas

Rules of Civil Procedure.

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PARTIES AND SERVICE

Plaintiff’s place ofresidence is in Texas.

Defendant TIMOTHY HILL is an individual who may be served at his place ofresidence,

located at 2518 FOX HARBOUR DRIVE, INDIANAPOLIS, IN, 46227; 3303 US Highway 40

Lot 79 Greenfield, IN 46140-8239; or Wherever he may be found.

Issuance of citation is requested at this time.

Defendant XPO LOGISTICS EXPRESS, LLC is foreign limited liability company,

doing business in the State of Texas and Dallas County, who may be served by serving its

registered agent, REGISTERED AGENT SOLUTIONS, INC.,

located at 1701 DIRECTORS

BLVD., SUITE 300, DALLAS, TX, 78744, or wherever it may be found.

Issuance of citation is requested at this time.

In the event any parties are misnamed or not included herein, it is Plaintiff‘s contention

that such was “misnomer” and/or such parties are/were “alter egos” of parties named herein.

JURISDICTION

This Court has jurisdiction as Plaintiff damages are within the jurisdictionallimits ofthis

Court.

VENUE

Venue is proper

in Dallas County, Texas, pursuant

to the Texas Civil Practice and

Remedies Code.

FACTS

On or about October 23, 2021, in Dallas County, Texas, Defendants TIMOTHY HILL,

AND XPO LOGISTICS EXPRESS, LLC failed to act as person of ordinary prudence and

collided into Plaintiff’s vehicle. Defendants’ negligence was the cause of this motor vehicle

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collision. This motor vehicle collision was the cause of Plaintiff‘s injuries.

It was the Defendants’ negligence which was the proximate cause of Plaintiff’ personal

injuries. NEGLIGENCE OF DEFENDANT TIMOTHY HILL

The conduct ofDefendant was the proximate causes of Plaintiffs personal injuriesin that

Defendant’s acts or omissions constituted negligence to wit:

a. failing to keep such look out as person of ordinary prudence would have kept

under similar circumstances;

failing to turn the direction of the vehicle away from other vehicles, in order to

avoid the collision;

failing to use due care to avoid the collision;

failing to identify, predict, decide and execute evasive maneuvers appropriately

in order to avoid collision;

failing to pay attention while operating motor vehicle;

failing to employ audible and/or visual signals that meet the pertinent

requirements of 547.305 and 547.702 in violation of Texas Transportation

Code §546.003;

failing to operate the vehicle with appropriate regard for the safety of all persons

and reckless disregard for the safety of others in violation of Texas

Transportation Code 546.005;

failing to control the speed of the vehicle;

failing to turn properly; and

failing to turn when safe.

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Each of the above acts and omissions, singularly or in combination with each other, was

the proximate cause ofPlaintiff sustaining injuries and damagesthat are described below.

At all relevant times, Defendant TIMOTHY HILL was acting in the course and scope of

his employment or otherwise acting on behalf of Defendant XPO LOGISTICS EXPRESS, LLC.

Each of the above acts and omissions, singularly or in combination with each other, was

the proximate cause of Plaintiff sustaining injuries and damagesthat are described below.

VICARIOUS LIABILITY OF XPO LOGISTICS EXPRESS. LLC.

At the time of the collision described above, Defendant TIMOTHY HILL was acting in

the course and scope of their employment with Defendant XPO LOGISTICS EXPRESS, LLC.

As result, Defendant XPO LOGISTICS EXPRESS, LLC is vicariously liable for

Defendant TIMOTHY HILL’s general negligence under the doctrine ofrespondent superior.

Plaintiff sues for the damages they incurred due to Defendants' negligence. Plaintiff alleges that

all damages, as well as the occurrences that made the basis ofthis action, were proximately

caused solely by the conduct of Defendants and that all Defendants are jointly and severally

liable for Plaintiff” damages.

NEGLIGENT HIRING BY XPO LOGISTICS EXPRESS, LLC.

Defendant XPO LOGISTICS EXPRESS, LLC was/is the employer ofDefendant

TIMOTHY HILL. Defendant XPO LOGISTICS EXPRESS, LLC negligent hired, trained,

supervised, and retained Defendant TIMOTHY HILL in his capacity as driver. This negligence

was proximate and/or producing cause of Plaintiffs injuries and damages.

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Plaintifffurther pleads that Defendant XPO LOGISTICS EXPRESS, LLC was negligent

in one or more of the following respects:

a. negligent hiring and supervision ofDefendant TIMOTHY HILL;

b. negligent training and supervision ofDefendant TIMOTHY HILL; and

c. negligent retention ofDefendant TIMOTHY HILL.

Each of the above acts and omissions, singularly or in combination with each other, was

the proximate cause of Plaintiff sustaining injuries and damages that are described below.

DAMAGES

As result of the negligent conduct of Defendants, Plaintiff suffered the injuries and

damages, described below:

a. Actual medical bills incurred by Plaintiff, which are necessary and reasonable for

these types of services in the Plaintiff‘s county; and for future medical attention in

amounts unknown at this time;

b. Monetary damagesfor Plaintiff for past physical pain and suffering and mental

anguish found to be reasonable and just by the trier offact;

c. Monetary damagesfor Plaintiff for future physical pain and suffering and mental

anguish found to be reasonable and just by the trier offact;

d. Physical impairment

in the past and future as determined by the trier of fact;

e. Disfigurementin the past and future;

f. Lost wages;

g. Lost earning capacity in the past and future;

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h. Property Damage, including loss of use and diminished value;

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flue 194 Requests for Disclosm

Please take notice that pursuantto Rule 194, you are requested to disclose the following

information or material:

a. The correct names of the partiesto the lawsuit;

b. The name, address and telephone number of any potential parties;

c. The legal theories and, in general, the factual basis of the responding party’s claims or defenses;

d. The amount and method of calculating economic damages;

e. The name, address, and phone numbers ofpersons having knowledge ofrelevant facts, and brief statement of each identified person’s connection with the case.

f. For any testifying expert:

(1) The expert’s name, address and phone number;

(2) The subject matter on which the expert will testify;

(3) The general substance of the expert’s mental impressions and opinions and brief

summary of the basis for them, or if the expert

is not retained by, employed by, or otherwise subject

to the control of the responding party, documents reflecting such

information;

(4) If the expert

is retained by, employed by, or otherwise subject

to the control of the

responding party: a. All documents, tangible things, reports, models, or data compilations

that have been provided to reviewed by, or prepared by or for the expert

in anticipation of the expert’s testimony, and

b. The expert’s current resume and bibliography

g. Any discoverable indemnity and insuring agreements;

h. Any discoverable settlement agreements;

i. Any discoverable witness statements;

j. In suit alleging physical or mental injury and damages

from the occurrence that is the

subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills;

k. In suit alleging physical or mental injury and damagesfrom the occurrence that is the

subject ofthe case, all medical records and bills obtained by the responding party by Virtue of an authorization by the requesting party.

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1. The name, address, and telephone number of any person who may be designated as

responsible third party. m. A11 documents, electronic information, and tangible items that the disclosing party has in

its possession, custody, or control and may use to supportits claims or defenses.

NOTICE OF INTENT

Plaintiff hereby gives notice ofintent to utilize any and all items produced in discovery in

the trial ofthis matter and the authenticity of such items is self-proven perthe Texas Rules ofCivil

Procedure 193.7.

TRCP 54 CONDITIONS PRECEDENT

Plaintiffpleads that all conditions precedent have been performed or have occurred.

U.S. LIFE TABLES

Notice is hereby given to the Defendants that Plaintiff intends to use the U.S. Life Tables

as prepared by the Department of Health and Human Services.

PRAYER WHEREFORE, Plaintiff will respectfully request

that Defendants be cited to appear and

answer, and that on final trial, Plaintiffbe awarded judgment against Defendants for the following:

a. Damages pleaded herein;

b. Pre and postjudgmentinterest at the maximum legal rate;

c. Cost of Court; and

d. for such other and further relief, at law or in equity, to which Plaintiffwill be justly entitled.

Respectfiilly submitted,

KINDER LAW PLLC

3701 W. Northwest Highway Building 3, Suite 304

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Dallas, Texas 75220 Tel. (214) 812-9800

Fax. (214) 484-2144

By:

ENNIligR ANNE KINDERTEXAS AR N0. 00787837 Email: ikinder@iustcallkindernet

ATTORNEY FOR PLAINTIFF

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