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ST9302-CL020111 SHERRY BOGEDAIN § IN THE~OENT¥~--CO~RT~-~I~F LAW Plaintiff, § V. § OF ': .:': THE CITY OF COPPELL, TEXAS, TXU GAS COMPANY AND MASTEC OF TEXAS, INC. Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES SHERRY BOGEDAIN, hereinafter called Plaintiff, complaining of and about THE CITY OF COPPELL, TEXAS, TXU GAS COMPANY and MASTEC OF TEXAS, INC., hereinafter called Defendants, and for cause of action shows unto the Court the following: DISCOVERY CON~TROL PLAN LEVEL 1. Plaintiff intends that discovery be conducted under Discovery Level 2. PARTIES AND SER~rICE 2. Plaintiff, SHERRY BOGEDAIN, is an Individual. 3. Defendant THE CITY OF COPPELL, TEXAS, a Municipal Corporation, may be served by citation by serving the City Secretary at P.O. Box 478, Coppell, Texas 75019. 4. Defendant TXU GAS COMPANY, a corporation based in Texas, is organized under the laws of the State of Texas, and service of process may be effected upon said Defendant by serving the registered agent of the corporation, TXU Business Services Company, at 1601 Bryan Street, Energy Plaza, 43rd Floor, Dallas, Texas 75201, its registered office. 5. Defendant MASTEC OF TEXAS, INC, a corporation based in Texas, is organized under the laws of the State of Texas, and service of process may be effected upon said Defendant by serving the registered agent of the corporation, Corporation Service Company, at 800 Brazos, PLAINTIFF'S ORIGINAL PETITION N:\CL1ENTS\Pl~Bogedaim~Plaintiffs Original Petition.wpd Page 1 of 5 Anstin, Texas 7R701, its registered office. JURISDICTION AND VENUE 6. The subject matter in controversy is within the jurisdictional limits of this court. 7. This court has personal jurisdiction herein because Plaintiff is a Texas resident. 8. Venue in DALLAS County is proper in this cause pursuant to Section 17.56 of the Texas Business and Commerce Code and under Section 15.002(a)(1) of the Texas Civil Practice and Remedies Code because all or a substantial part of the events or omissions giving rise to this lawsuit occurred in this county. FACTS 9. On or about January 24, 2000, Plaintiffwas walking from S. MacArthur Boulevard to E. Sandy Lake Road in the City of Coppell, Texas on or near the foot trail located there, when Plaintiff fell into an unmarked and open construction hole. The construction hole was approximately 23"W x 38"L x 48"D and was difectly in the pathway of a well worn foot trail. The area around such construction hole was unlit and could not have been seen in the dark. Defendant, THE CITY OF COPPELL, TEXAS, gave its consent for the digging of the construction hole. Defendant, TXU GAS COMPANY, dug the construction hole, by using the services of Defendant, MASTEC OF TEXAS, INC. Upon information and belief, Plaintiff asserts that Defendant, MASTEC OF TEXAS, 1NC., was contracted by Defendant, TXU GAS COMPANY, to dig this construction hole and failed to use any precautionary measures to ensure the safety of pedestrians walking in this area. As a result of the negligence described above, Plaintiff sustained substantial injuries. PLAINTIFF'S CLAIM OF NEGLIGENCE AGAINST THE CITY OF COPPELL, TEXAS 10. This Defendant failed to perform and/or plan the above described operation in a reasonable and safe manner. 11. This Defendant is liable vicariously, or via the doctrine of Respondeat Superior, for PLAINTIFF'S ORIGINAL PETITION N:\CLIENTS~I~Bogedaim~Plaintiffs Original Pefifion.wpd Page 2 of 5 the negligence of any of the other Defendants. PLAINTIFF'S CLAIM OF NEGLIGENCE AGAINST TXU GAS COMPANY 12. This Defendant failed to perform and/or plan the above described operation in a reasonable and safe manner. 13. This Defendant is liable vicariously, or via the doctrine of Respondeat Superior, for the negligence of any of the other Defendants. PLAINTIFF'S CLAIM OF NEGLIGENCE AGAINST MASTEC OF TEXAS, INC. 14. This Defendant failed to perform and/or plan the above described operation in a reasonable and safe manne~. 15. This Defendant is liable vicariously, or via the doctrine of Respondeat Superior, for the negligence of any of the other Defendants. DAMAGES FOR PLAINTIFF, SHERRY BOGEDAIN 16. As a direct and proximate resulrofthe occurrence made the basis of this lawsuit, Plaintiff, SHERRY BOGEDA1N, was caused to suffer from lumbar and thoracic spine disruption of muscles, ligaments, and connective tissues, and to incur the following damages: A. Reasonable medical care and expenses in the past. These expenses were incurred by Plaintiff, SHERRY BOGEDA1N, for thc necessary care and treatment of the injuries resulting from the accident complained of herein and such charges arc reasonable and were usual and customary charges for such services in Dallas County, Texas; B. Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; C. Physical pain and suffering in the past; D. Physical pain and suffering in the future; E. Loss of earnings in the past; PLAINTIFF'S ORIGINAL PETITION N:\CLIENTS~Pl~BogedaimLPlaintilTs Original Petition.wpd Page 3 of 5 F Loss of earning capacity which will, in all probability, be incurred in the future; G. Mental anguish in the past; H. Mental anguish in the future; and I. Other damages. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, SHERRY BOGEDAIN, respectfully prays that the Defendants be cited to appear and answer herein, and that upon a final hearing o£the cause,judgment be entered for the Plaintiffagainst Defendants, jointly and severally, for the actual damages requested hereinabove in an amount in excess of the minimum jurisdictional limits of the Court, together with prejudgment and postjudgment interest at the maximum rate allowed by law, attorney's fees, costs of court, and such other and further relief to which the Plaintiff may be entitled at law or in equity, whether pl6d or unpled. PLAINTIFF'S ORIGINAL PETITION N:\CLIENTS~Pl~BogedaimLPlaintiff's Original Pefition.wpd Page 4 o£ 5 Respectfully submitted, G. DAVID'ISH}IMAN - ' ..... Texas Bar No. 09380928 1702 S. HWY. 121 SUITE 604 LEWISVILLE, TEXAS 75067 TEL. (972)436-0827 FAX. (972)436-0210 ATTORNEY FOR PLAINTIFF SHERRY BOGEDAIN PLAINTIFF HEREBY DEMANDS TRIAL BY JURY PLAINI'IFF'S ORIGINAL PETITION N:\CLIENTSXPl~BogedaimLPlaintiffs Original Petitmn.wpd Page 5 of 5 Sec. 17.024 Service on Political Subdivision (a) In a suit against a county, citation must be served on thc county judge. (b) In a suit against an incorporated city, town, or village, citation may be served on the ~ ~:yor, clerk, secretary, or treasurer. (c) In a suit against a school district, citation may be served on the president of the school board or on thc superintendent.