CAUSE NO.

 

DEE VOIGT, INDIVIDUALLY AND AS IN THE DISTRICT COURT OF
REPRESENTATIVE OF THE ESTATE OF
PEGGY HOFFMAN DECEASED, AND
ON BEHALF OF ALL THOSE ENTITLED
TO RECOVER FOR THE DEATH OF
PEGGY 1 IOFFMAN, DECEASED, UNDER
THE TEXAS WRONGFUL DEATH 

Plaintt?is,

VS. DALLAS COUNTY, A 
ECHO TOURS AND CHARTERS, LP DBA
ECHO TLB GROUP
DIAMOND TOURS CSX
TRANSPORTATION, AND JOHN
DOE



JUDICIAL DISTRICT
Defendants.

 

ORIGINAL PETITION

 

COME NOW, PLAINTIFFS DEE VOIGT, INDIVIDUALLY AND AS
REPRESENTATIVE OF THE ESTATE 01" PEGGY HOFFMAN DECEASED, AND ON
BEHALF OF ALL THOSE ENTITLED TO RECOVER FOR THE DEATH OF PEGGY
HOFFMAN, DECEASED, UNDER THE TEXAS WRONGFUL DEATH ACT
complaining Of ECHO TOURS AND CHARTERS, LP DBA ECHO
TLB GROUP DIAMOND TOURS CSX

TRANSPORTATION, AND JOHN DOE and respectfully Show the Court as

follows:

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l.
DISCOVERY TRACK

   
 

l.'l Plaintiffs plead that this case should be assigned to Discovery Track Three
pursuant to Rule 190.4 of the Texas Rules of Civil Procedure, and will seek an agreed
Order or other Court Order to this effect.

11.
PARTIES

2.1 Plaintiff, Dee Voigt, is an individual citizen and resident of McMahan,
Texas. He is bringing his individual wrongful death claims for the loss of his mother,
Peggy Hoffman. He is also bringing claims as the Representative of the Estate of Peggy
Hoffman, and on behalf of all those entitled to recover for the death of Peggy Hoffman,
under the Texas Wrongful Death Act.

2.2 Defendant, ECHO Tours and Charters, LP d/b/a ECHO Transportation
(hereafter referred to as ECHO), is a Texas limited partnership with its principal place
of business in Dallas, Texas. ECHO can be served at its principal place of business
located at 9314 West Jefferson Blvd, Dallas, TX 75211.

2.3 Defendant, TBI, Group Inc. (hereafter referred to as TBLG), is a Texas

corporation with its principal place of business in Houston, Texas. TBLG can be served

with process through its registered agent, Elisa Fox, at 801 Cherry Street, Unit 46, Fort

Worth, TX 76102.

2.4 Defendant, Diamond Tours, Inc. (hereafter referred to as Diamond Tours),
is a Florida Corporation with its principal place of business in Fort Meyers, Florida.
Diamond Tours can be served with process through its registered agent, E. Murray
Moore In, at 215 5. Monroe Street, Suite 200, Tallahassee, FL 32302.

2.5 Defendant, John Doe, was the driver of a passenger bus involved in the

 

Original Petition Page 2

 

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accident giving rise to this lawsuit. Plaintiffs have sought, but are unable to obtain,

exact identifying information as to John Doe. Defendant Doe is an individual believed
to be employed by ECHO. Defendant Doe is believed to be a resident of Texas.

2.6 CSX Transportation, Inc. is a Virginia corporation doing business in the

State of Texas with its principal place of business in Jacksonville, Florida. CSX

Transportation, Inc. can be served with process through its registered agent, CT

Corporation System, at 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136.


JURISDICTION AND VENUE

3.1 The amount in controversy far exceeds the minimal jurisdictional limits of

this Court. Pursuant to Texas Rule of Civil Procedure 47(c), Plaintiffs state that they

seek, by their lawsuit, monetary relief over $1,000,000.00.

3.2 Venue in this case is proper in Dallas County, Texas, under the general
venue rule of Section of the Texas Civil Practice and Remedies Code,

because it is the county of defendant, principal place of business at the time the

cause of action accrued.

3.3 Venue is proper in Dallas County as to all Defendants pursuant to Section
15.005 of the Texas Civil Practice and Remedies Code because venue is proper in Dallas

County as to Defendant ECHO, and because all of Plaintiffs? claims arise out of the
same transaction, occurrence, or series of transactions or occurrences.
3.4 Plaintiffs expressly disavow that any claims are being made pursuant to
federal law, treaties, or constitution. Although the amount in controversy exceeds
$75,000.00, there is a lack of complete diversity because at least one plaintiff and one

defendant are both citizens of Texas. Further, one or more of the preperly joined and

 

le'nh'f?? On'giiml Petition Paga?

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;erved Defendants are citizens of the state in which this action is brought. Any
removal, or consent to removal, of this case to federal court would be impwper.

1V.
GENERAL ALLEGATIONS or Facrs

4.1 On March 7, 2017, an ECHO bus traveling from Austin, Texas to Biloxi,
Mississippi was struck by a CSX freight train, leaving at least four people dead and
numerous passengers injured. The accident happened at approximately 2:15 as
the northbound charter bus, carrying more than 40 people, was stopped, straddling the
tracks at the Main Street railroad crossing in Biloxi, Mississippi. The charter bus
appeared unable to move from the crossing, when the 52?car train, pulled by three
locomotives, slammed into the charter bus. The force of the collision pushed the bus

approximately 200 feet after impact.

4.2 A "Humped" crossing sign indicating low ground clearance was posted
several feet in advance of grade crossing.

4.3 After the accident, it took more than thirty minutes for witnesses and
emergency crews to remove injured passengers through the emergency windows. The
investigation into the cause of the accident is ongoing.

4.4 Defendant John Doe was driving the bus in the course and scope of his
employment for ECHO. Peggy Hoffman of Lockhart, Texas was a passenger in the bus
and paid consideration to Diamond Tours for transportation in the Echo bus. As a

result of this accident, Peggy Hoffman suffered serious personal injuries, which
ultimately resulted in her death. Mrs. Hoffman, a retired assistant principal of Lockhart
High School, was traveling to South Mississippi on a seven-day charter trip organized

by Bastrop Senior Center.

 

Plaintiffs? Original Petition Page 4

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4.5 Two months prior, on January 5, 2017, another CSX 'I?ransportation train

hit a Pepsi delivery vehicle al precisely the same Main Street crossing. The tractor-trailer

had become hung up and immobilized by the steep grade at the crossing. The driver of

the Pepsi truck, after he was unable to move his vehicle, called for help and had

attempted to flag down the CSX train before it ultimately crashed into his stopped

truck.

4.6 In fact, at this precise crossing there have been sixteen (16) similar

accidents since 1976.

Dallas?based ECHO is a wholly owned subsidiary of ECHO and

4.7

TBLG are common carriers who are in the business of carrying passengers for hire, hold

themselves out for hire by the public, and are available for hire by the general public.

The Defendants were in the course of acting as common carriers with regard to Peggy

Hoffman, at the time of the subject incident.

CLAIMS FOR RELIEF

V.
NEGLIGENCE

5.1 Defendants JOHN DOE, ECHO, TBLG, and Diamond Tours committed
actions of omission and commission, which collectively and severally, constituted

negligence, which were proximate causes of the death of Ms. Hoffman.

5.2 Defendant John Doe had a duty to exercise a high degree of care and

breached that duty by:
failing to control the bus;

failing to keep a proper lookout as a reasonable and prudent person

would have done;

 

Plaintr??s? Original Petition Page 5

 

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(cl failing to act as a reasonable and prudent person would have done; and

failing to abide by and I or observe traffic signs.

5.3 Defendant ECHO is liable for the conduct of Defendant John Doe under

the doctrine of respondent superior because John Doe, at all relevant times, acted within

the course and scope of his employment for Echo. At the time of the incident,
Defendant John Doe was operating the vehicle in the course and scope of his
employment and} or agency for Defendant Echo. Defendant Echo intentionally granted
Defendant John Doe the authority to act on behalf of Echo. The relevant acts of
Defendant John Doe were performed while in the employment of Echo, to further its
business, to accomplish the objective for which Defendant John Doe was hired, and

within the scope of his employment or within the authority delegated to him.

Defendant Echo, therefore, is vicariously liable for the negligence of Defendant John
Doe.

5.4 Defendant ECHO committed acts of omission and commission, which

collectively and severally constituted negligence and which were a proximate cause of
the injuries and the damages of Plaintiffs.

5.5. Defendants, ECHO and TBLG had a duty to exercise a high degree of care

and breached that duty by acts of negligence that include, but are not limited to, failing
to properly train drivers of vehicles regarding the appropriate methods and procedures

for safely handling the vehicle and its passengers in emergency situations.

5.6 The negligence of Defendants ECHO, TBLG, and John Doe on the occasion

in question was a proximate cause of the occurrence in question and the injuries and the

damages of Plaintiffs.

Plaintiffs' Original Petition Page 6

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 this incident be 
out 0 cause they are a jomt enterprise and/ or joint venture with reg 
at

to the operation and maintenance of the charter bus

v1
CAUSE 
OF ACTION AGAINST TRANSPORTATION - NEGLIGENCE

6.1 CSX 
Transportation committed acts of commission and omission,

ll ti 
co ec vely and severally, negligence, which were a proximate cause of the

accident, the death of Peggy Hoffman, and Plaintiffs? damages.

6-2 CSX Transportation had a duty to maintain the subject railroad crossing
where the incident occurred, including the duty to maintain the condition of the
roadway traversing the crossing and its grade. CSX Transportation owed a duty to the
driving public to act reasonably when maintaining the subject railroad crossing, to
ensure that the crossing was not ultrahazardous or so dangerous that persons using
ordinary care could not pass over it safely. It also had a duty to act reasonably to
adequately warn the driving public of the existence of any ultra hazardous conditions
in the crossing. CSX Transportation failed to act reasonably, because, at the time of the

subject collision, the railroad failed to prevent the ultra hazardous conditions.
6.3 CSX Transportation?s acts and omissions proximately caused the subject

train/ vehicle collision, the death of Peggy Hoffman, and Plaintiffs? damages.

VII.
COMPENSATORY DAMAGES

7.1 As a result of the injuries and death of Peggy Hoffman, Plaintiff Dee
Voigt, seeks compensatory damages from the defendants arising from the injuries he
suffered to the degree of care, maintenance, services, advice, counsel, love, comfort,

affection, Protection, emotional support: companionship, and WhiCh he

 

 

 

mnn?'s? Original Petition Page 7

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otlIt?I?WlbL would have received from his mother, Peggy Hoffman; mental anguish- and
an ecuniar - 
amages, all of which were sustained In the past and in reasonabl?

probability will be sustained in the future, in an amount in excess of $75,000.00.

7.2 AS a result of the conduct of Defendants, Peggy Hoffman's Estate seeks

monetary damages from Defendants to compensate for pain and suffering.? mental
anguish, medical expenses, and funeral and burial expenses of Peggy Hoffman.


PRE-IUDGMENT AND POST-JUDGMENT INTEREST

8.1 Plaintiffs seek pure-judgment and post-judgment interest as provided by

law.

IX.
RESERVATION OF RIGHTS

9.1 Plaintiffs reserve the right to prove the amount of damages at trial.
Plaintiffs reserve the right to amend their petition and add additional counts and/or
parties as discovery continues.

X.
CONDITIONS PRECEDENT

10.1 All conditions precedent to Plaintiffs? right to recover and Defendants?

liability have been performed or have occurred.

XI.
IURY DEMAND

11.1 Plaintiffs request a trial by jury.

XII.
REQUESTS FOR DISCLOSURE

12.1 Pursuant to Rule 194 of the Texas Rules of Civil Procedure, all parties

named herein as Defendants are to disclose, within fifty (50) days of service of this

Pluinti?s? Original Petition 8
age

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request, the information and material described in the Texas Rules of Civil Procedure



WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendants be
cited to appear and answer herein, that this cause be set for trial before a jury. and that

Plaintiffs recover judgment of and from Defendants for their damages, in such amount

as the evidence shows and the jury determines to be proper, With pre?

judgment interest and post-judgment interest, costs of suit, and such other and further

relief to which Plaintiffs may show themselves to be entitled, whether at law or in

equity.
ReSpectfully submitted,

ATTS GUERRA, LLP

4 Dominion Dr., Bldg. 3, Ste. 100
San Antonio, Texas 78257
'I?elephone: (210) 447-0500

Fax: (210) 447-0501

By: b1} MIMLJM
ng/C. WATTS
Sta ar No. 20981820

FRANCISCO GUERRA, N.
State Bar No. 00796684
PAIGE BOLDT

State Bar No. 24082626

LISA BLUE

State Bar No. 02510500
BARON 8: BLUE

3811 Turtle Creek Blvd, Suite 800
Dallas, TX 75219

Phone: 214-969?7 373
Fax: 214-969-7643

ATTORNEYS FOR PLAINTIFFS

Plaintiffs' Original Petition

Page. 9

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