FILED 12 June 13 P2:52 Sharon Mathis District Clerk Jackson District Cause No. ________________ AMBER MACHICEK Plaintiff v. § § § § § § TRIPLE D SECURITY CORPORATION Defendant IN THE DISTRICT COURT ______JUDICIAL DISTRICT JACKSON COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Plaintiff, Amber Machicek, and files this suit against defendant Triple D Security Corporation. Plaintiff would show the Court as follows: DISCOVERY 1. Discovery in this case should be conducted under Level 2. PARTIES 2. Plaintiff is an individual represented by the undersigned attorney, Robert Alden, 707 W. 34th St., Austin, Texas 78705. 3. Defendant Tripe D Security Corporation is a Texas Corporation with its headquarters and principal office located at 210 Longview, Victoria, Texas, 77904. Defendant can be served through its president, Jay Lack, at the foregoing address, or at his residence, 2 Creekside Drive, Victoria TX 77904. JURISDICTION AND VENUE 4. This Court has jurisdiction and venue because the accident that caused the death of Plaintiff’s husband occurred in Jackson County, Texas. PLAINTIFF’S ORIGINAL PETITION - Page 1 FACTS 5. On June 18, 2010, Ray Wauson was killed while working as an employee of Defendant Triple D Security Corporation. Wauson was a passenger in Defendant’s van, driven by another employee, James Hopping, which had been overloaded due to the gross negligence of Defendant Triple D. Defendant’s gross negligence was a proximate cause of decedent’s death. On the morning of the accident, before leaving Defendant’s premises, Hopping advised his immediate supervisor, Stacie Martin, the agent of Defendant, that the van was too heavy. Upon information and belief, prior to this accident, Defendant had a practice of overloading vehicles and had experienced other accidents caused by the overloading. 6. section 2.401. Amber Machicek was the wife Ray Wauson, pursuant to Texas Family Code As his wife, she is entitled to recover exemplary damages for the grossly negligent conduct of Defendant pursuant to Texas Labor Code section 408.001. WHEREFORE, PREMISES CONSIDERED Plaintiff requests that Defendant be served with process and required to answer herein, and upon final trial of this cause, that a judgment be entered in favor of Plaintiff against Defendant for exemplary damages plus pre-judgment and post-judgment interest to the extent allowed by law, costs of court, attorneys’ fees, and any other amounts to which Plaintiff may prove herself entitled. Respectfully submitted, BYRD DAVIS FURMAN & ALDEN, LLP /s/ Robert C. Alden Robert C. Alden State Bar No. 00979680 ralden@byrddavis.com 707 West 34th Street PLAINTIFF’S ORIGINAL PETITION - Page 2 Austin, Texas 78705 (512) 454-3751 (512) 451-5857 fax ATTORNEYS FOR PLAINTIFF PLAINTIFF’S ORIGINAL PETITION - Page 3