APPENDIX IN SUPPORT OF NOTICE OF REMOVAL PAGE 1 OF 2

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

AMANDA SPEARS, §

Plaintiff, §

§

vs. § CIVIL ACTION NO.____________

§

HOLMAN TRANSPORTATION §

SERVICES, INC. §

Defendant. § JURY REQUESTED

APPENDIX TO DEFENDANT HOLMAN TRANSPORTATION SERVICES, INC.’S

NOTICE OF REMOVAL

Respectfully submitted,

By: /s/ Mark J. Dyer

MARK J. DYER

State Bar No. 06317500

dyer@mdjwlaw.com

GABRIELLE M. SHAYEB

State Bar No. 24102492

shayeb@mdjwlaw.com

MARTIN, DISIERE, JEFFERSON & WISDOM,

L.L.P.

9111 Cypress Waters Blvd., Suite 250

Dallas, Texas 75019

214-420-5500

214-420-5501 (fax)

ATTORNEYS FOR DEFENDANT 

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has been eserved to all attorneys of record, in compliance with the FEDERAL RULES OF CIVIL PROCEDURE, 

on this the 25th day of October, 2022.

/s/ Mark J. Dyer

MARK J. DYER

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 1 of 16 PageID 9
APPENDIX IN SUPPORT OF NOTICE OF REMOVAL PAGE 2 OF 2

TABLE OF CONTENTS

Exhibit

Court’s Docket

 342nd District Court, Tarrant County ................................................................A

Plaintiff’s Original Petition..................................................................................B

Return of Service – Holman Transportation Services, Inc ..................................C

Defendant Thoroughbred Freightliner, LLC’s Original Answer.........................D

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 2 of 16 PageID 10
Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 3 of 16 PageID 11
Plaintiff’s Original Petition 

Spears vs. Holman Transportation Services Page 1 of 5

CAUSE NO._______ 

AMANDA SPEARS, § IN THE DISTRICT COURT 

 § 

_____JUDICIAL DISTRICT 

Plaintiff, § 

 § 

v. § 

 § 

HOLMAN TRANSPORTATION 

SERVICES, INC. 

§ 

§ 

 § 

Defendant. § TARRANT COUNTY, TEXAS 

PLAINTIFF’S ORIGINAL PETITION 

TO THE HONORABLE JUDGE OF SAID COURT: 

COMES NOW, Amanda Spears (“Plaintiff”) and files this her Plaintiff’s Original Petition 

complaining of Holman Transportation Services, Inc. (“Defendant”) and for cause of action would 

respectfully shows as follows: 

I. 

DISCOVERY CONTROL PLAN

1. Plaintiff intends for discovery to be conducted under Level 3 of Rule 190.4 of the 

TEXAS RULES OF CIVIL PROCEDURE. 

II. 

PARTIES AND SERVICE OF PROCESS

2. Plaintiff Amanda Spears is an individual residing in Tarrant County, Texas. 

3. Defendant Holman Transportation Services, Inc. is a transportation company, with 

its principal office in Boise, Idaho. It can be served with process by personal service upon its 

registered agent for service, All American Agents of Process, Jeffrey Fultz, 1221 McKinney, Suite 

4300, Houston, Texas 77010, or wherever he may be found. 

342-336424-22

FILED

TARRANT COUNTY

9/13/2022 10:55 AM

THOMAS A. WILDER

DISTRICT CLERK

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 4 of 16 PageID 12
Plaintiff’s Original Petition 

Spears vs. Holman Transportation Services Page 2 of 5

III. 

VENUE

4. The subject matter and the amount in controversy are within the jurisdictional limits 

of this Court. The Texas Rules of Civil Procedure require Plaintiff to plead that her case falls 

under a particular category. In order to comply with this procedural requirement, Plaintiff pleads 

pursuant to Tex. R. Civ. P. 47, that Plaintiff seeks monetary relief over $250,000 but not more than 

$1,000,000, an amount within the jurisdictional limits of this Court. Plaintiff further seeks all other 

relief to which Plaintiff may be shown to be justly entitled. 

5. Venue is proper in Tarrant County pursuant to the TEXAS CIVIL PRACTICE &

REMEDIES CODE §15.002(a)(2) because it is the location of the acts and/or omissions which give 

rise to this suit. 

IV. 

FACTS

6. On or about January 13, 2021, Plaintiff was northbound in heavy traffic on 

Interstate 35, Fort Worth, Tarrant County, Texas. As Plaintiff slowed her vehicle for traffic int eh 

roadway ahead, she was rear-ended by Defendant’s vehicle. At all times pertinent to this suit 

Defendant Holman’s vehicle was operated by an employee or agent of Defendant Holman within 

the course and scope of said employment or agency and in furtherance of Defendant Holman’s 

business. 

 7. As a direct and proximate result of the impact, Plaintiff sustained bodily injuries 

and other damages. 

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 5 of 16 PageID 13
Plaintiff’s Original Petition 

Spears vs. Holman Transportation Services Page 3 of 5

V. 

CAUSES OF ACTION 

Negligence 

8. Plaintiff incorporates herein by reference all allegations set forth in the preceding 

paragraphs. 

 9. On the date of the incident in question, Defendant Holman’s employee or agent had 

a duty to exercise the degree of care that an ordinary person would have in operating the motor 

vehicle under the same or similar circumstances. 

 10. Defendant’s employee or agent breached that duty of care by one or more of the 

following acts and/or omissions: 

 a. Failing to keep a proper lookout; 

 b. Failing to take evasive action to avoid the collision complained of; 

 c. Failing to drive in a single lane; 

 d. Failing to control its vehicle; 

 e. Failing to control its speed; or 

 f. Failing to timely apply its brakes. 

 11. As a direct and proximate result of the foregoing acts and/or omissions, Plaintiff 

sustained bodily injuries and damages within the jurisdictional limits of this Court. 

 12. Defendant Holman is responsible for the negligence of its employee or agent via 

the doctrine of respondeat superior. 

VI. 

DAMAGES

12. Plaintiff incorporates herein by reference the allegations set forth in all preceding 

paragraphs. 

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 6 of 16 PageID 14
Plaintiff’s Original Petition 

Spears vs. Holman Transportation Services Page 4 of 5

13. As a direct and proximate result of the above-referenced acts and omissions of 

Defendant, Plaintiff would show actual damages within the jurisdictional limits of this Court as 

follows: 

a. Reasonable and necessary medical care and expenses which have been

sustained from the time of the occurrence until the time of the verdict

herein;

b. Reasonable and necessary medical care and expenses which will be

sustained in the future; 

c. Physical pain and mental anguish which has been sustained from the time 

of the occurrence until the time of the verdict herein;

d. Physical pain and mental anguish which will be sustained in the future;

e. Physical impairment which has been sustained from the time of the 

occurrence until the time of the verdict herein;

f. Physical impairment which will be sustained in the future;

g. Lost earnings or loss of earning capacity which have been sustained from 

the time of the occurrence until the time of the verdict herein; and

h. Loss of earning capacity or lost earnings which will be sustained in the 

future. 

VII. 

PRAYER

 WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that Defendant 

be cited to appear and answer, and this case be tried and that Plaintiff have and recover the 

following from Defendant: 

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 7 of 16 PageID 15
Plaintiff’s Original Petition 

Spears vs. Holman Transportation Services Page 5 of 5

a. Judgment against Defendant for a sum within the jurisdictional limits of

this Court for all actual damages as indicated above; 

b. Pre-judgment interest at the maximum amount allowed by law;

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

d. Costs of suit; and

e. Such other and further relief to which Plaintiff may be shown to be

justly entitled.

Respectfully submitted, 

THOMPSON LAW LLP 

3300 Oak Lawn Avenue, 3rd Floor 

Dallas, Texas 75219 

Tel. 214/755-7777 

Fax 214/716-0116 

RYAN H. ANDERSON 

 State Bar No. 24059380 

randerson@triallawyers.com 

RYAN L. THOMPSON 

State Bar No. 24046969 

rthompson@triallawyers.com 

ATTORNEYS FOR PLAINTIFF 

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 8 of 16 PageID 16
 A CERTIFIED COPY 

 ATTEST: 

 THOMAS A. WILDER 

 DISTRICT CLERK 

 TARRANT COUNTY, TEXAS 

 BY: /s/ 

09/14/2022

Natalie Thigpen

342-336424-22

FILED

TARRANT COUNTY

9/30/2022 1:28 PM

THOMAS A. WILDER

DISTRICT CLERK

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 9 of 16 PageID 17
 A CERTIFIED COPY 

 ATTEST: 

 THOMAS A. WILDER 

 DISTRICT CLERK 

 TARRANT COUNTY, TEXAS 

 BY: /s/ 

09/14/2022

Natalie Thigpen

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 10 of 16 PageID 18
Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 11 of 16 PageID 19
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.

Envelope ID: 68786910

Status as of 9/30/2022 1:41 PM CST

Associated Case Party: AMANDASPEARS

Name BarNumber Email TimestampSubmitted Status

Jennifer French jfrench@triallawyers.com 9/30/2022 1:28:52 PM SENT

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 12 of 16 PageID 20
DEFENDANT’S ORIGINAL ANSWER PAGE 1

CAUSE NO. 342-336424-22

AMANDA SPEARS,

Plaintiff, 

v.

HOLMAN TRANSPORTATION

SERVICES, INC.,

Defendant. 

§

§

§

§

§

§

§

§

IN THE DISTRICT COURT

342ND DISTRICT COURT

TARRANT COUNTY, TEXAS

DEFENDANT’S ORIGINAL ANSWER

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, HOLMAN TRANSPORTATION SERVICES, INC., Defendant in the 

above-entitled and numbered cause and files this Original Answer in response to Plaintiff’s 

Original Petition, and in support thereof would respectfully show unto the Court and jury as 

follows:

I.

GENERAL DENIAL

Defendant HOLMAN TRANSPORTATION SERVICES, INC. generally denies the 

material allegations contained in Plaintiff’s Original Petition and says that, since Plaintiff has

made such allegations, she should be required to prove them by a preponderance of the evidence 

as required by law, if she is able to do so. 

II.

AFFIRMATIVE DEFENSES

2.01 Pleading further, Defendant would allege that Plaintiff’s recovery, if any, of past 

medical expenses shall be reduced to the amount paid or incurred by the Plaintiff or on behalf of 

the Plaintiff pursuant to Section 41.0105 of the TEXAS CIVIL PRACTICE & REMEDIES CODE.

342-336424-22 FILED

TARRANT COUNTY

10/24/2022 9:07 AM

THOMAS A. WILDER

DISTRICT CLERK

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 13 of 16 PageID 21
DEFENDANT’S ORIGINAL ANSWER PAGE 2

2.02 Pleading further, Plaintiff’s recovery, if any, for loss of earnings and loss of 

earning capacity is limited to net wages as set forth in Section 18.091 of the TEXAS CIVIL 

PRACTICE & REMEDIES CODE.

2.03 Defendant would allege by way of affirmative defense that the incident in 

question was the result of the negligence of third parties over whom this Defendant had no 

control and that said negligence, carelessness, acts and omissions were the sole cause, or 

alternatively, a proximate cause, or alternatively, a superseding cause of the occurrence in 

question.

2.04 Pleading further and subject to the foregoing without waiving same, Defendant 

affirmatively alleges that the damages and injuries, if any, alleged by Plaintiff result from preexisting or subsequent conditions or events.

2.05 Pleading further by way of affirmative defense, Defendant would allege that the 

incident in question was caused in whole or in part of the negligence of the Plaintiff. Defendant 

would assert the affirmative defense of comparative fault as provided in Chapter 33 of the Texas 

Civil Practice and Remedies Code. 

III.

REQUEST FOR JURY TRIAL

Defendant prays that all issues of fact be submitted to a jury pursuant to Rule 216 of the 

Texas Rules of Civil Procedure.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff have and 

recover nothing of Defendant and that, on trial hereof, Defendant be discharged with its costs 

herein, and for such other and further relief, both at law and in equity, both general and special, 

to which it may show itself to be justly and equitably entitled.

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 14 of 16 PageID 22
DEFENDANT’S ORIGINAL ANSWER PAGE 3

Respectfully submitted,

MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P.

By: /s/ Mark J. Dyer

MARK J. DYER

State Bar No. 06317500

dyer@mdjwlaw.com

GABRIELLE M. SHAYEB

State Bar No. 24102492

shayeb@mdjwlaw.com

9111 Cypress Waters Blvd., Suite 250

Dallas, Texas 75019

214-420-5500

214-420-5501 (fax)

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has been eserved to all attorneys of record, in compliance with Rule 21a of the TEXAS RULES OF CIVIL 

PROCEDURE, on this the 24

th day of June, 2022.

Via ECF

Ryan H. Anderson

Thompson Law LLP

3300 Oak Lawn Avenue, 3rd Floor

Dallas, Texas 75219

randerson@triallawyers.com

/s/ Mark J. Dyer

MARK J. DYER

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 15 of 16 PageID 23
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.

Shelly Lacy on behalf of Mark Dyer

Bar No. 6317500

shellyl@mdjwlaw.com

Envelope ID: 69485494

Status as of 10/24/2022 9:11 AM CST

Associated Case Party: AMANDASPEARS

Name

Jennifer French

BarNumber Email

jfrench@triallawyers.com

TimestampSubmitted

10/24/2022 9:07:17 AM

Status

SENT

Associated Case Party: THEHOLMAN TRANSPORTATION SERVICES INC

Name

Gabrielle Shayeb

Mark` Dyer

BarNumber Email

shayeb@mdjwlaw.com

dyer@mdjwlaw.com

TimestampSubmitted

10/24/2022 9:07:17 AM

10/24/2022 9:07:17 AM

Status

SENT

SENT

Case 4:22-cv-00964-P Document 1-3 Filed 10/25/22 Page 16 of 16 PageID 24