Case 7.167cv700354 Document 18 Fxled TXSD on 03/08/17 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION MARIANA SANCHEZ, Individual] and Plaintifl's vs CIVIL ACTION N0.: 7:16-cv-00354 TRANSPORTES INTERNACIONALES TAMAULIPECOS, S.A. DE C.V. and MARTIN HERNANDEZ Defendants JURY DEMANDED FIRST AMENDED ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOWI MARIANA SANCHEZ INDIVIDUALLYI and As Nexi Friend of and file lh|S original pemion complaining of TRANSPORTES INTERNACIONALES TAMAULIPECOS, STA. DE CV and MARTIN HERNANDEZ, Defendanls' and for cause of acl ion Show: 1. DISCOVERY CONTROL PLAN Plaintiffs inlend to proceed under Discovery Coniml Plan No. 2. 2. PARTIES Plaintiffs are cilizens oflhe Uniied Slaies who are domiciled in Hidalgo Coumyi Texas. Page 1 on Case 7.1673v700354 Document 18 Filed in TXSD on 03/08/17 Page 2 of 7 Defendant TRANSPORTES INTERNACIONALES S.A.DEC.V INTERNACIONALES TAMAULIPECOS, a corporation based in Reynosar Tamnulipns, Mexico and has been served. Defendant MARTIN HERNANDEZ is an individual who resides in Reynosn, Tamaulipnsr Mexico and who has been served. 3. JURISDICTION. Federal jurisdiction resides in the district courts of the United States based on diversity otcitizenship ofthe parties per 28 Use ?1332 ns Plnintirts are United States resident citizens while Defendant Mnrtin Hernandez is a Mexicnn resident citizen and Trunsportes lnternncionales Tamaulipecos SA. de c.V. is a Mexicnn entity with managerinlr operational and decision making centers located in Mexico. 4. VENUE Venue is proper pursuant to 28 U.S.C. ?1441 as this is the federal district court for the district where the state court suit is pending. 5. FACTS On January 13' 2015' MARIANA SANCHEZ, and her minor children, -- -- were traveling westbound in a 2006 Silver Chevrolet Trailblazer and made :1 complete stop at the intersection of Anayn and South Page 2 of1 Case 7:16-cv-00354 Document 18 Filed in TXSD on 03/08/17 Page 3 of 7 Cage Boulevard in Pharr, Hidalgo County Texas, where the signal light was flashing red, signaling a four-way stop, due to inclement weather. Defendant MARTIN HERNANDEZ, in the course and scope of his employment for TRANSPORTES INTERNACIONALES TAMAULIPECOS, S.A.DEC.V, was driving his employer’s 2003 White Freightliner Tractor Trailer. MARTIN HERNANDEZ was traveling northbound on South Cage Boulevard in Pharr, HIDALGO County Texas, approaching the Anaya Road intersection when he disregarded the red flashing light at the intersection and collided with Plaintiffs’ vehicle at full speed. The front distributor of Defendants’ tractor trailer struck Plaintiffs’ much smaller 2006 Chevrolet Trailblazer driver’s side rear quarter panel and caused it to spin and impact the Freightliner again on the same left side front quarter panel. Plaintiff Mariana Sanchez and her minor children suffered serious bodily injury and were immediately transported by ambulance to the nearest hospital. The collision also caused substantial property damage to Plaintiffs’ vehicle causing it to be a total loss. 6. NEGLIGENCE. The collision described above, and the resulting injuries and damages suffered by Plaintiffs, were actually and proximately caused by Defendant MARTIN HERNANDEZ’s negligence in one or more of the following acts or omissions:  Driver’s inattention;  Distracted driving;  Disregarding a stop signal; Page 3 of 7 Case 7:16-cv-00354 Document 18 Filed in TXSD on 03/08/17 Page 4 of 7  Failing to yield to the right of way to traffic on a public road;  Failing to maintain control of his vehicle.  Failing to maintain such a lookout as a person of ordinary prudence would have maintained under the same or similar circumstances; 7.  Failing to timely and properly apply his brakes prior to the collision; and  Failing to take proper evasive action to avoid the collision made basis of this claim. RESPONDEAT SUPERIOR. Defendant TRANSPORTES INTERNACIONALES TAMAULIPECOS, S.A. de C.V owned, leased, or otherwise controlled the vehicle Defendant Martin Hernandez was driving at the time of the collision. At that time, Defendant Martin Hernandez was an employee of TRANSPORTES INTERNACIONALES TAMAULIPECOS, S.A. de C.V, and was driving its vehicle in the course and scope of his employment. Defendant TRANSPORTES INTERNACIONALES TAMAULIPECOS, S.A. de C.V is liable to Plaintiffs for Defendant Martin Hernandez’s negligence through the doctrine of respondent superior. Alternatively, Defendant Martin Hernandez was the statutory employee of TRANSPORTES INTERNACIONALES TAMAULIPECOS, S.A. de C.V, notwithstanding traditional common-law doctrines of master-servant or respondeat superior. 49 C.F.R. § 390.5 (defining “employee” and “employer”). TRANSPORTES INTERNACIONALES TAMAULIPECOS, S.A. de C.V is vicariously liable, as a matter of law, for Defendant Martin Hernandez’s negligence. Page 4 of 7 Case 7:16-cv-00354 Document 18 Filed in TXSD on 03/08/17 Page 5 of 7 8. NEGLIGENT HIRING, SUPERVISION, TRAINING, or RETENTION. Defendant TRANSPORTES INTERNACIONALES TAMAULIPECOS, S.A. de C.V has a legal duty to Plaintiffs, and the public at large, a legal duty to hire, supervise, train, and retain competent employees. Mindi M. v. Flagship Hotel, Ltd., 439 S.W.3d 551, 557 (Tex.AppHouston [14th Dist.] 2014, pet. Filed 10-7-14). TRANSPORTES INTERNACIONALES TAMAULIPECOS, S.A. de C.V was negligent in failing to use ordinary care when hiring, supervising, training, or retaining Defendant Martin Hernandez. Defendant MARTIN HERNANDEZ committed an actionable tort in the course and scope of his employment for TRANSPORTES INTERNACIONALES TAMAULIPECOS, S.A. de C.V. 9. PERSONAL INJURY DAMAGES. As a direct and proximate result of Defendants’ acts and omissions, Plaintiffs suffered serious personal injury. Plaintiffs’ damages exceed the minimum jurisdictional limit of this Court and include: ● past, present, and future medical bills; ● past, present, and future disfigurement, physical pain and mental anguish; ● past, present, and future physical impairment; ● loss of consortium and loss of services; ● lost wages and loss of earning capacity as to Plaintiff Mariana Sanchez. Plaintiffs seek actual damages be awarded to the Jury in the amount over $1,000,000.00; an amount within jurisdictional limits of this Court. Page 5 of 7 Case 7.167cv700354 Document 18 Filed In TXSD on 03/08/17 Page 6 of 7 10. PROPERTY DAMAGES As a direcr and proximare resulr of Defendanrs' acts and omissions Plainriffs' vehicle suffered property damages rhar have nor been paid. 1 l. INTEREST Plaintiffs seek prerjudgmenr inreresr on rhe pasr damages found by the Trier offacrr 12. JURY DEMAND Plaintiffs demand a trial by jury, and have tendered rhe jury fee. PRAYER WHEREFORE, Plainriffs, MARIANA SANCHEZ, Individually, and As Next Friend of Plaintiffs have: It Judgment against defendants for damages in a sum in excess 2r Prerjudgment interest: 1 Posrrjudgment inrerest: 4 Costs of suir; and 5 All such orher relief, at law or equityr r0 which Plaintiffs may show themselves to be entitled Respectfully submined, LAW OFFICES OF EZEQUIEL ac. /s/Damon Garcia Damon C. Garcia Srate Bar Nor 24072105 Federal Bar No. 1402920 LAW OFFICES OF EZEQUIEL REYNA. JR.. RC. Page r, Case 7:16-cv-00354 Document 18 Filed in TXSD on 03/08/17 Page 7 of 7 702 W. Expressway 83, Suite 100 Weslaco, Texas 78596 (956) 968-9556 Phone / (956) 447-0668 Fax Email: dgarcia@zreynalaw.com ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I certify that the foregoing Plaintiffs’ First Amended Petition forwarded to the attorney of record on the __8th day of March, 2017 in accordance with Rules of Federal Procedure. VIA ELECTRONIC SERVICE DAVID R. RANGEL Davidson Troilo Ream & Garza, P.C. 601 N.W. Loop 410, Suite 100 San Antonio, TX 78216 (210) 349-6484 / 349-0041 Fax Email: drangel@dtrglaw.com Attorney for Defendants /s/Damon C. Garcia Damon C. Garcia Page 7 of 7