Preview
FILED
12/5/2023 12:44 PM
JOHN F. WARREN
COUNTY CLERK
DALLAS COUNTY
CC-23-08018-A
Cause No. ____________________
CYNTHIA REYNOLDS and § IN THE COUNTY COURT
TOMMY SWINEY §
§
vs. § AT LAW NO. _____
§
ANGEL LUCAS and §
JORGE ANTONIO LUCAS § DALLAS COUNTY, TEXAS
PLAINTIFFS’ ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Plaintiffs CYNTHIA REYNOLDS and TOMMY SWINEY, herein after referred
to as “PLAINTIFFS”, and complains of and about Defendants, ANGEL LUCAS (Defendant
“ANGEL”) and JORGE ANTONIO LUCAS (Defendant “JORGE”), and collectively hereinafter referred
to as “DEFENDANTS”, and for cause of action would show unto the Court the following:
I. PARTIES & SERVICE
1.1 Plaintiffs, CYNTHIA REYNOLDS and TOMMY SWINEY, are individuals who resides in Dallas
County, Texas.
1.2 Defendant, ANGEL LUCAS is an individual who may be served with process of at his
residence located at 12002 Badger Dr., Balch Springs, Texas 75180, or wherever he may
be properly served.
1.3 Defendant, JORGE ANTONIO LUCAS is an individual who may be served with process of
at her residence located at 12002 Badger Dr., Balch Springs, Texas 75180, or wherever he
may be properly served.
II. VENUE & JURISDICTION
2.1 Venue is proper in Dallas County, Texas under Section 15.002(a)(1) of the Texas Civil
Plaintiffs’ Original Petition Pa ge 1 of 5
Practice and remedies Code because Defendants resided in Dallas County, Texas at the time
of the accident.
2.2 This Court has jurisdiction over the parties since the damages sought are within the
jurisdictional limits of the court.
III. TRCP 47 CLAIM FOR RELIEF & DISCOVERY CONTROL PLAN
3.1 Plaintiffs seek monetary relief over $250,000.00 but not more than $1,000,000.00.
Discovery in this cause is intended to be conducted under Level 2 of Rule 190.
IV. STATEMENT OF FACTS
4.1 The bodily injury claim that made the basis of this suit occurred on or about January 20,
2022. At approximately 12:20 a.m. Plaintiffs were sleeping in the bedroom of their home
when a vehicle belonging to Defendant JORGE which was being driven by Defendant
ANGEL, drove through the house causing injuries to the Plaintiffs.
4.2 As the result of the impact and the negligence of the Defendants Plaintiffs sustained
significant bodily injuries.
V. NEGLIGENCE AS TO DEFENDANT ANGEL
5.1 As their first cause of action against Defendant ANGEL, Plaintiff alleges and would further
show the court that the accident made the basis of this lawsuit, and Plaintiffs’ damages, were
proximately caused by the negligence of Defendant ANGEL.
5.2 At the time and on the occasion in question, Defendant ANGEL was guilty of various acts and
omissions, each of which constituted negligence, and each of said acts and omissions of
negligence, were a proximate cause of the collision in question and Plaintiffs’ injuries and
damages.
Plaintiffs’ Original Petition Pa ge 2 of 5
5.3 Plaintiffs would show that Defendant ANGEL’s acts and omissions, singularly or in
combination with others, constituted negligence that proximately caused the occurrence
made the basis of this action and Plaintiffs’ injuries and damages.
VI. NEGLIGENCE ENTRUSTMENT AS TO DEFENDANT JORGE
7.1 As their first cause of action against Defendant JORGE, Plaintiffs restate and re-allege the
contents of paragraphs above as if fully set forth herein. Plaintiffs allege and would further
show the Court that the accident made the basis of this lawsuit and Plaintiffs’ damages were
proximately caused by the negligent entrustment by Defendant JORGE.
7.2 At the time of the collision in question, Defendant, Jotge was the owner of the vehicle being
operated by Defendant ANGEL. At some time prior to January 20, 2022, Defendant JORGE
entrusted his vehicle to Defendant ANGEL for the purpose of operating it on the public streets
and highways of Texas, and thereafter, Defendant ANGEL operated it with the knowledge,
consent and permission of Defendant JORGE.
7.3 At such time, Defendant ANGEL was not a licensed driver and was not competent or fit to
safely operate a motor vehicle on the public streets and highways, and Defendant JORGE
knew, or in exercise of due care, should have known before entrusting him with his vehicle,
that Defendant ANGEL was an incompetent and unfit operator, which could create an
unreasonable risk of danger to persons and property on the public highways of Texas.
7.4 Plaintiffs will show that each of the foregoing acts and/or omissions constituted negligence
entrustment, in that one, more than one, or all of such acts and/or omissions and various
combinations thereof were a proximate cause of the collision in question, and the painful
injuries and damages sustained by the Plaintiffs.
Plaintiffs’ Original Petition Pa ge 3 of 5
VII. DAMAGES
8.1 As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiffs
have incurred the following damages:
1. Physical pain and suffering that Plaintiffs suffered in the past, and physical pain and
suffering that they are reasonably expected to suffer in the future;
2. Mental anguish that Plaintiffs have suffered in the past, and mental anguish they are
reasonably expected to suffer in the future;
3. Medical expenses incurred for treatment of Plaintiffs in the past, and medical
expenses reasonably expected to be incurred in treating them in the future;
8.2 By reason of all of the above, Plaintiffs have suffered losses and damages in a sum within
the jurisdictional limits of the Court and for which this lawsuit is brought.
IX. NOTICE OF INTENT TO USE DEFENDANTS’ DOCUMENTS
In accordance with the Texas Rules of Civil Procedure 193.7, any documents produced by
Defendants in response to written discovery will be used by Plaintiffs at any pre-trial proceeding or
trial.
X. PRAYER
WHEREFORE PREMISES CONSIDERED, Plaintiffs requests that Defendants be cited to appear
and answer, and that on final trial Plaintiffs have:
1. Judgment against Defendants for Plaintiffs’ damages as set forth in the Damages
paragraph above;
2. Pre-judgment and post-judgment interest as allowed by law;
3. Cost of Court;
4. Such other and further relief, general and special, legal and equitable, to which
Plaintiffs may be justly entitled;
Plaintiffs’ Original Petition Pa ge 4 of 5
Respectfully submitted,
PAYMA, KUHNEL & SMITH, P.C.
PAYMA LAW CENTER
1126 N. Zang Blvd.
Dallas, Texas 75203
(214) 999-0000 Telephone
(214) 999-1111 Facsimile
/s/ Michael D. Payma
MICHAEL D. PAYMA
State Bar No. 00790560
Michael@PKSattorneys.com
ATTORNEY FOR PLAINTIFFS
PLAINTIFFS HEREBY DEMAND TRIAL BY JURY
Plaintiffs’ Original Petition Pa ge 5 of 5
Preview
FILED 12/5/2023 12:44 PM JOHN F. WARREN COUNTY CLERK DALLAS COUNTY CC-23-08018-A Cause No. ____________________ CYNTHIA REYNOLDS and § IN THE COUNTY COURT TOMMY SWINEY § § vs. § AT LAW NO. _____ § ANGEL LUCAS and § JORGE ANTONIO LUCAS § DALLAS COUNTY, TEXAS PLAINTIFFS’ ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, Plaintiffs CYNTHIA REYNOLDS and TOMMY SWINEY, herein after referred to as “PLAINTIFFS”, and complains of and about Defendants, ANGEL LUCAS (Defendant “ANGEL”) and JORGE ANTONIO LUCAS (Defendant “JORGE”), and collectively hereinafter referred to as “DEFENDANTS”, and for cause of action would show unto the Court the following: I. PARTIES & SERVICE 1.1 Plaintiffs, CYNTHIA REYNOLDS and TOMMY SWINEY, are individuals who resides in Dallas County, Texas. 1.2 Defendant, ANGEL LUCAS is an individual who may be served with process of at his residence located at 12002 Badger Dr., Balch Springs, Texas 75180, or wherever he may be properly served. 1.3 Defendant, JORGE ANTONIO LUCAS is an individual who may be served with process of at her residence located at 12002 Badger Dr., Balch Springs, Texas 75180, or wherever he may be properly served. II. VENUE & JURISDICTION 2.1 Venue is proper in Dallas County, Texas under Section 15.002(a)(1) of the Texas Civil Plaintiffs’ Original Petition Pa ge 1 of 5 Practice and remedies Code because Defendants resided in Dallas County, Texas at the time of the accident. 2.2 This Court has jurisdiction over the parties since the damages sought are within the jurisdictional limits of the court. III. TRCP 47 CLAIM FOR RELIEF & DISCOVERY CONTROL PLAN 3.1 Plaintiffs seek monetary relief over $250,000.00 but not more than $1,000,000.00. Discovery in this cause is intended to be conducted under Level 2 of Rule 190. IV. STATEMENT OF FACTS 4.1 The bodily injury claim that made the basis of this suit occurred on or about January 20, 2022. At approximately 12:20 a.m. Plaintiffs were sleeping in the bedroom of their home when a vehicle belonging to Defendant JORGE which was being driven by Defendant ANGEL, drove through the house causing injuries to the Plaintiffs. 4.2 As the result of the impact and the negligence of the Defendants Plaintiffs sustained significant bodily injuries. V. NEGLIGENCE AS TO DEFENDANT ANGEL 5.1 As their first cause of action against Defendant ANGEL, Plaintiff alleges and would further show the court that the accident made the basis of this lawsuit, and Plaintiffs’ damages, were proximately caused by the negligence of Defendant ANGEL. 5.2 At the time and on the occasion in question, Defendant ANGEL was guilty of various acts and omissions, each of which constituted negligence, and each of said acts and omissions of negligence, were a proximate cause of the collision in question and Plaintiffs’ injuries and damages. Plaintiffs’ Original Petition Pa ge 2 of 5 5.3 Plaintiffs would show that Defendant ANGEL’s acts and omissions, singularly or in combination with others, constituted negligence that proximately caused the occurrence made the basis of this action and Plaintiffs’ injuries and damages. VI. NEGLIGENCE ENTRUSTMENT AS TO DEFENDANT JORGE 7.1 As their first cause of action against Defendant JORGE, Plaintiffs restate and re-allege the contents of paragraphs above as if fully set forth herein. Plaintiffs allege and would further show the Court that the accident made the basis of this lawsuit and Plaintiffs’ damages were proximately caused by the negligent entrustment by Defendant JORGE. 7.2 At the time of the collision in question, Defendant, Jotge was the owner of the vehicle being operated by Defendant ANGEL. At some time prior to January 20, 2022, Defendant JORGE entrusted his vehicle to Defendant ANGEL for the purpose of operating it on the public streets and highways of Texas, and thereafter, Defendant ANGEL operated it with the knowledge, consent and permission of Defendant JORGE. 7.3 At such time, Defendant ANGEL was not a licensed driver and was not competent or fit to safely operate a motor vehicle on the public streets and highways, and Defendant JORGE knew, or in exercise of due care, should have known before entrusting him with his vehicle, that Defendant ANGEL was an incompetent and unfit operator, which could create an unreasonable risk of danger to persons and property on the public highways of Texas. 7.4 Plaintiffs will show that each of the foregoing acts and/or omissions constituted negligence entrustment, in that one, more than one, or all of such acts and/or omissions and various combinations thereof were a proximate cause of the collision in question, and the painful injuries and damages sustained by the Plaintiffs. Plaintiffs’ Original Petition Pa ge 3 of 5 VII. DAMAGES 8.1 As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiffs have incurred the following damages: 1. Physical pain and suffering that Plaintiffs suffered in the past, and physical pain and suffering that they are reasonably expected to suffer in the future; 2. Mental anguish that Plaintiffs have suffered in the past, and mental anguish they are reasonably expected to suffer in the future; 3. Medical expenses incurred for treatment of Plaintiffs in the past, and medical expenses reasonably expected to be incurred in treating them in the future; 8.2 By reason of all of the above, Plaintiffs have suffered losses and damages in a sum within the jurisdictional limits of the Court and for which this lawsuit is brought. IX. NOTICE OF INTENT TO USE DEFENDANTS’ DOCUMENTS In accordance with the Texas Rules of Civil Procedure 193.7, any documents produced by Defendants in response to written discovery will be used by Plaintiffs at any pre-trial proceeding or trial. X. PRAYER WHEREFORE PREMISES CONSIDERED, Plaintiffs requests that Defendants be cited to appear and answer, and that on final trial Plaintiffs have: 1. Judgment against Defendants for Plaintiffs’ damages as set forth in the Damages paragraph above; 2. Pre-judgment and post-judgment interest as allowed by law; 3. Cost of Court; 4. Such other and further relief, general and special, legal and equitable, to which Plaintiffs may be justly entitled; Plaintiffs’ Original Petition Pa ge 4 of 5 Respectfully submitted, PAYMA, KUHNEL & SMITH, P.C. PAYMA LAW CENTER 1126 N. Zang Blvd. Dallas, Texas 75203 (214) 999-0000 Telephone (214) 999-1111 Facsimile /s/ Michael D. Payma MICHAEL D. PAYMA State Bar No. 00790560 Michael@PKSattorneys.com ATTORNEY FOR PLAINTIFFS PLAINTIFFS HEREBY DEMAND TRIAL BY JURY Plaintiffs’ Original Petition Pa ge 5 of 5