FILED TARRANT COUNTY 41163201510240 PM THOMAS A. WILD CAUSE 342 277934 15 DISTRICT ELYSSA ALBA, IN THE JUDICIAL DISTRICT COURT MARIA ALBA, AS NEXT FRIEND OF ELYSSA ALBA, ARTEMIO CARDOZA, AS NEXT FRIEND 0F ARTEMIO CARDOZA, JR., A MINOR, AND ARTEMIO CARDOZA, AS NEXT FRIEND OF ISAELA CARDOZA, A MINOR, Plaintiffs, OF COUNTY, TEXAS . .. . VS. . RYDER INTEGRATED LOGISTICS, INC. AND DUSTIN WAYNE POOL, . Defendants. DISTRICT COURT ORIGINAL PETITION WITH REQUEST FOR DISCLOSURE To THE HONORABLE JUDGE OF SAID COURT: NOW COME ELYSSA ALBA, MARIA ALBA, AS NEXT FRIEND OF ELYS SA ALBA, ARTEMIO CARDOZA, AS NEXT OF ARTEMIO CARDOZA, JR, A MINOR, AND ARTEMIO CARDOZA, AS NEXT FRIEND OF ISAELA CARDOZA, A MINOR, (?Plaintiffs?), and ?le this Plaintiffs? Original Petition complaining of RYDER INTEGRATED LOGISTICS, INC. AND DUSTIN POOL, (?Defendants?, and would respectfully Show to the Court the following: ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 1 342-277934-15 I. DISCOVERY CONTROL PLAN Pursuant to Rule 190.3 of the Texas Rules of Civil Procedure, Plaintiffs designate this case as a Level discovery control plan. II. REQUEST FOR DISCLOSURE Pursaant to Rules 190.3 and 194 of the Texas Rules of Civil Procedure, Plaintiffs request Defendants to disclose within ?fty (50) days of service of this request the information and material described in Rule 194.2 of the Texas Rules of Civil. Procedure. Plainti?s speci?cally request the responding party to produce responsive documents at the undersigned law of?ces. PARTIES 1. Plaintiffs reside in Tarrant County, 'Tesas.? 2. Defendant RYDER INTEGRATED LOGISTICS, INC. is a foreign corporation and is licensed to do business in the State of Texas. Counsel for Defendant has agreed to accept service of process. 3. Defendant DUSTIN POOL is a resident of Collin County, Texas. It is anticipated that counsel for Defendant will accept service of process. IV. VENUE AND JURISDICTION 4. Venue in this case is proper pursuant to of the Texas Civil Practice and Remedies Code because the accident that forms the basis of this lawsuit occurred in Tarrant ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 2 342-277934-15 County, Texas, and because one or more of the parties to this incident reside in Tarrant County, Texas. This Court has subject matter jurisdiction over this case, because the amount in controversy for the excluSive of costs and interest is the jurisdictional limits of this Court. Plainti?'s seeks monetary relief over $1,000,000. V. Eacrs'? 6. In the early morning of April 12, 2015, a Ryder Systems tractor truck slammed into close to ten vehicles and several pedestrians on the shoulder of IH-30, killing ?ve and injuring a dozen. Among those injured were Plaintiffs Elyssa. Alba and her son, Artemio Cardoza, Jr. 7. Plaintiff Elyssa ?Ely? Alba was driving her CheVrolet Silverado pick-up truck in westbound direction on Interstate 30 in Fort Worth, Tarrant County, Texas. Alba and her mother, Cheryl Banda, were following her ?ancee Veronica ?Ronnie? Gonzalez who was driving a Chevrolet Camaro. Alba and Gonzalez had just celebrated-an engagement party in Dallas, and . were traveling back to Fort Worth in separate vehicles. I I 8. In Gonzalez?s vehicle was Alba?s son, Arteniio Cardoza, In, who was a rear seat passenger in the Camaro. A young boy also related to Ronnie Gonzalez was also a rear-seat passenger. In the front passenger seat was Clarissa Banda, Elyssa Alba?s sister, who like Ronnie was subsequently killed in the accident. 9. Distant up the read, they had observed the wreckage of a BMW. It is unknown to Plaintiffs how that ?rst collision occurred. The ten-car pile-up occurred near the Oakland Boulevard crossing of 11-1-30. That stretch of in interstate highway has four east bound and four ORIGINAL PETITION AND REQUEST FOR DISCLOSURE 3 3142?2779344 5 westbound lanes. In addition, 11-1-30 has a retaining. Wall on the left side, and an improved shoulder, or what some call an ?emergency lane.? i 10. Gonzalez and Alba safely executed lane changes, and slowed their vehicles to a stop on the right shoulder of the interstate. Gonzalez?s Carnaro was in front of Alba?s pick?up. In front of Gonzalez?s vehicle was yet another SiIVerade?pick-up. It was a red truck, and it too had been parked on the shonlder. According to media accOunts, it was operated by decedent Mary Hernandez, or someone traveling with her. All three vehicles were lined up along the shoulder, and parked. 11. In addition, a jeep and several other Vehicles had also been parked somewhere on the shoulder. 12. Elyssa Alba?s son, Artemio Cardoza, Jr. was a passenger in the vehicle. 13. When her truck came to a stop, Elyssa began to exit to see what help eculd be provided for the passengers in the BMW. 14. While she was stepping out of her-vehicle onto the shoulder, a Ryder owned truck a driven by Ryder employee Dustin Pool suddenly and without warning crashed into Elyssa and her truck. It is believed that was violently thrown under her own vehicle upon impact. 15. After slamming into Elyssa?s smashed into the Carnaro, and several remaining vehicles. The Ryder tractor then caught ?ames engulfed more than one of the crushed, and entangled vehicles from this chain reaction tragedy. VI. CAUSES or ACTIONS AGAINST DEFENDANT DUSTIN POOL l6. Plaintiffs would Show this C0urt that the negligent acts and omissions of Defendant Dustin Poole and statutory violations, as set out herein, separately and collectively, PETITION AND REQUEST FOR DISCLOSURE PAGE 4 342-277934-15? were a direct and proximate cause of the incident in question and the resulting injuries and damages sustained by Plaintiffs. 17. The violations, negligent acts and omissions are, among others, as follows: a. Defendant failed to keep the proper lookout as required pursuant to ?545.052(1) of the Tex. Trans. Code Ann; b. Defendant failed to turn his vehicle to the left or right in order to avoid the collision in question; 0. Defendant failed to controlthe speed of the vehicle he was operating in compliance with and of the Tex. Trans. Code Ann; and (1. Defendant failed to maintain an assured distance between his 'vehicle and vehicle in violation of Section 545.062(a) of the Tex. Trans. Code Ann. 18. The above identi?ed statutory violations constitute negligence per 58. VII. RYDER INTEGRATED LOGISTICS, INC. RESPONDEAT SUPERIOR 19. Plaintiffs reallege and incorporate all-previously stated facts for this cause of action as if stated verbatim pursuant to Rule 58 of the Texas Rules of Civil Procedure. Defendant Ryder Integrated Logistics, Inc. is liable for the acts that its employee, Dustin Poole, committed while he was in the course and scOpe of his employment for Ryder Integrated Logistics, Inc. Under the doctrine of respondeat superior Defendant Logistics, Inc. is vicariously liable for Dustin Poole?s reckless and negligent conduct. - 20. Defendant Ryder Integrated Logistics, Inc. is rurther liable to Piaintiff for negligence per se for Violating Section 542.302 of the Transportation Code by requiring or permitting Dustin Poole to operate a truck in a manner that. violated Texas law. ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 5 3422779344 5 m. NEGLIGENT AND TRAINING 21. While multiple passenger motorists managed to avoid the BMW wreckage and come safely to a standstill on the shoulder, Fool?s Ryder truck?mwhich was traveling much ?thher behind these vehicles?Jailed to do so. 22. Rather than slow his vehicle to a stop, or ineve to the left, Pool made a sudden and erratic right hand lane change. 23. This unexplained, impulsive, and re?exive act is a product of a failure to hire and train its drivers in proper evasive maneuvers when approaching collisions. DAMAGES OF ELYSSA ALBA 24. As a result of the incident described herein, Plaintiff Elyssa Alba incurred mason?able and necessary medical expenses and, all. reasonable probability, such medical expenses will continue in the ?iture. 25. Elyssa Alba sustained serious injuries as a result of the incident made the basis of this lawsuit. She was placed in a medically induced coma, and has been in out of consciousness since the accident only days ago. 26. One of her legs was amputated. IShe Sustained a closed?head injury. She has a broken hip, a broken jaw, and one more ?'actures to her arm. It is expected that she will be hospitalized for more than a month. 27. She sustained internal injuries, - bruises, and lacerations. She will require specialized and long term rehabilitation care and services, long term medical care and services, PLAINTIFF 8? ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - 1 PAGE 6 i I long term personal assistance with activities of daily living, and adaptive mechanized mobility equipment. 28. Elyssa Alba has suffered dis?gurement. inthe past as a result of the incident and, in all reasonable probability, such dis?gurement will c'cntinue in the future. 29. Elyssa Alba has experienced physical impairment and physical incapacity in the past as a result of the incident and, in all reasonable probability, will sustain physical hnpairrnent or physical incapacity in the future. 30. Elyssa Alba has experienced physical pain and suffering in the past as a result of her physical injuries, and in all reasonable probability, will sustain physical pain and suffering in the ?rture as a result of her physical injuries. 31. Elyssa Alba has suffered lost wages and/or lost earning capacity in the past as a result of the incident and, in all reasonable probability, lost earning capacity will continue in the future. 32.. As a result of the above, Plaintiff seeks damages within the jurisdictional of this Court. .. DAMAGES OF ARTEMIO CARDOZA. JR. 33. As a resnlt of the incident described herein, Plaintiff Arternio Cardoza, Jr. incurred reasonable and necessary medical expenses and, reasonable probability, such medical expenses will continue in the ?lture. I 34. A?cmic Cardoza, Jr. has experienced physical impairment in the past as a result of the incident and, in all reasonable probability, wili sustain physical impairment in the future. ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 7 342*277934-1 5 35. Artemio Cardoza, Jr. has experienced physical pain and suffering in the past as a result of his physical injuries, and in all reasonable probability, will sustain physical pain and suffering in the future as a result of his physical injuries. I 36. Artemio Cardoza, Jr. has experienced physical pain and suffering in the past as a result of his physical injuries, and in all reasonable prObability, will sustain physical pain and suffering in the future as a result of her physical injuries. 37. Artemio Cardoza, Jr. has experienced mental anguish in the past and in all reasonable probability, will sustain mental anguish in. the future. 38. Due to the severity of Elyssa Alba? 5- injuries, minor Plaintiff Artemio Cardoza, Jr. has su??ered the loss of support and the mental, physical, and emotional love, care, support, comfort, companionship, society, guidance, advice, and counsel of his mother which will continue for the balance of the minor Plaintiff Artemio Cardoza, Jr.?s life. Minor Plaintiff Artemio Cardoza, Jr. seeks a judgment against Defendants, jointly and severally, for his injuries and damages none of which would have been incurred but for the conduct of Defendants. XI. DAMAGES OF ISAELA CARDOZA 39. Isaela Cardoza was not present at the accident, but due to the severity of Elyssa Alba?s injuries and as a result of the incident descrihed- herein, the 12?year?old has experienced mental anguish in the past and in all reasonable probability, will sustain mental anguish in the future. 40. Due to the severity of Elysee Alba?s minor le?ntiff Isaela Cardoza has suffered the loss of support and the mental, physical, and emotional love, care, support, comfort, companionship, society, guidance, advice, and counsel of his mother which Will continue for the ORIGINAL PETITION AND REQUEST FOR msctosURE PAGE 8 342?277934-1 5 balance of the minor Plaintiff Isaela Cardoza?s life. Minor Plainti?? Isaela Cardoza seeks a judgment against Defendants, jointly and severally, for his injuries and damages none of which would have been incurred but for the conduct ofDefendants. CLAIIVI FOR PREJUDGNIENT AND POST-JUDGNIENT INTEREST 41. Plainti??s claim all law?ll pre-judgment and post-judgment interest on the damages suffered. JURY DEMAND 42. Plaintiffs request that a jury be convened to try the factual issues in this cause. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited to appear and answer herein and upon ?nal hearinglof this cause, Plainti?' have judgment against Defendants, jointly and severally, for damages described herein, for costs of suit, interest from the date of the incident and for such other relief to which Plaintiffs may be justly entitled. Respectfully submitted, HENLEY HENLEY, P.C. By: fs/ Geoff J. Henley Geoff J. Henley, State Bar No. 00798253 enl'e enle 1a (5.00111 R. Lane Addison, State Bar No. 24059355 r1addison@henlevlaWDc.com 3300 Oak Lawn Avenue, Suite 700 Dallas, Texas 75219 Telephone Number: (214) 821-0222 Facsimile Number: (214) 821-0124 ATTORNEYS FOR PLAINTIFFS ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 9 Charlene Hanson Frem: Sent: Thursday, April 16, 2015 1:11 PM To: Charlene Hanson Subject: eFileTexas.gov Filing Accepted 4915858 Filing Accepted Envelope Number: 4915858 The filing below was reviewed and has been accepted by the clerks office. Be sure to click the link below to retrieve your file stamped cOpy of the document filed. .. ?tTarrant County -. District. case Number 3342-277934?15 EELYSSA ALBA vs- 4? 6/201 5 1:02:40 PM ?DatelTim'e Accepted EgAccep'ted Comments thank you. Marine" ?Filing Type EPetition ?ActiVitv . . . . . . . .. . .. . .. File iplaintiffs original petition 041615.df :Lea'd File Page 9 Stamped Copy f4142~a4eb~c7134b1333ef ?This link is active for 35 days. contact 'you?s?ma 'piaviawm ay' question?s" Need Help? Help Visit: i Email: support@eFileTexas.gov Please do not reply to this email. It was generated automatically by eFileTexas.gov