Filed 7/18/2022 9:30 AM Midland County - 238th District Court ‘Alex Archuleta District Clerk Migignd County. Texes cause NoCVS8746 PREG: FRANCESCA AND ESTEVAN MELENDEZ, § 1 THE DisTRICT couRT INDIVIDUALLY AND AS THE 5 REPRESENTATIVES OF THEESTATEOR § JASMINE MELENDEZ, DECEASED, § § Plats : S § __supre1at istrict $ BRANDON G. MORALES AND 5 BRAIDON A. MORALES, § § Defendant. $ MIDLAND counry,TExas PLAINTIFFS’ ORIGINAL PETITION ‘TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Plants, Francesca and Estevan Melendez, Individually and as Representatives ofthe Estate of Jasmine Melendez, Deceased (hercnaftercllectivlyeered to ‘68 Plainsie"), and file cis Original Petition complaining of Defendants Brandon G. Morales and Braidon A. Morales (hereinafter collectively referred to as “Defendants") and in support thereof ‘would show the Cour as follows: L DISCOVERY CONTROL PLAN 1. Pursuant to the provisions of ‘Texas Rule of Civil Procedure 190.3, Plait propose to conduct dissavery according to Discovery Control Plan Level 3. PARTIES 2. Plaintiffs, rancesca and Fstevan Melendez, Individually and as Representatives of the Estate of Jasmine Melendez, Deceased, ae individuals residing in Mitand County, Texas. Plaintiff: bring this eut in two eapacites: (1) both individually, forthe wecagfel death of theirdaughter, Jasmine Melende; and 2 as representatives of Jasmine Melendez’ estate 3. Defendant Brandon G. Morales, is an individual residing ia Midland County Toxasandmay besenedathisperonst sider: TS “Texas 79701. Service wil be by private process server. Servic is hereby requested 4. Defendant, Braidon A. Morales, isan individual curently resiing in Dawson County, Texas and mey be served at his penonal siden: ete TS Texas 79331, Defendant Bridon A. Moraes may also be served atthe lst known addess of his father, Brarslon G, Morals, + Si sseseeeeeteeiaes Defendant rsdon A. Morales may also be served at he last known adress of his mother, Maitza Morales, i! be by private process server. Service Ishereby reiwested, my, VENUE AND JURISDICTION 5, Venue is proper in Midland County, Texas, pursuant to TEN. CIV. PRAC. & REM. (Cope Sectien 15.002(a)) because all oF & substantal part of the events oF o-issions giving rise {0 this claim cecured in Midland County 6. Plaintfs sok monstary relief of over S1,000,000.00 forthe tgligent and grossly negligent cosduct of Defendants, 2 accordance with Rule 47 of the Texas Rules of Civil Procedhie, Tie court has jurisdiction over the lawsuit because the amount in sonroversy exceeds the Cours winimum joriedistional equireme W. FACTUAL BACKGROUND 7. Onor about Otober 29, 2026, Jasmine Melendez was atthe liome of Defendants, so: Brandon G, Morales and Braiden A. boMidland County, Texas 79701, Jasmine Melendez began bleeding heavily and Braidon A. Morales called his mother, Maritza Morales, then two of his frends, before finaly ealing 9-1-1. Once skin cemergenzy medical services arived, Jasmine Melende# was unresponsive, eyanotic, ‘mottling aon her neck and upper arms, and appeared to have sustained head trauma, Jasmine ‘was aright to alls, Texas where she later succumbed ther injures. The Midland County Medical Exemine’s Office as well as Midland Police Department ruled Jsmine's death as an sciertal death 8. According to the autopsy report, Jasmine (age 15) sustained vaginal and reel lacerations curing intercourse which led to an air embolism, The Medical Examiner emphasized that this is very rare to occur. The lacerations led to an air embolism, an aie bubble that enters through anerery and travels to the bran, depriving the brain fom receiving oxygen and causes brain death. There was fluid that had accumulated on her brain, a8 well es an abrupt vaginal hemorchage- Jasmine, an otherwise healthy 15-year-old, hed aso suffered a beat sttack.Jsmine ied two (2) days later on October 22, 2020 at $:12 pm. 9, Jasmine’s ines inched bruises throughout her body, Sees on her thigh and right forearm, with broken nails, ad a et on her eft eyebrow. There was also evidenee that resuscitation had been attempted. Nevertheless, Jasmine was found unconscious a the home of Defendants, when she had arrived these as a healthy, thriving 15-year-old 10, Asaresltofth incident, the immediate family of Jasmine Melendez have suffered ives. Jasmine Melerde2’ untimely death ‘immensely nd will continue to sur for theres ofthe was a result from the negligent contact by one or both of Defendants at Deferdants” home. v. WRONGFUL DEATH CLAIM OF JASMINE MELENDEZ 11, Plaintiffs incorporate by reference all other paragraphs of this et sit filly setorth herein 12, Plaintiffs are the surviving flrs at law of Jasmine Melendez, as well as the 13, Plaintiffs bring this wrongful death ation pursuant to Texes Civil Practice and Remedies Code Section 71.001, ef seq, seeking to recover damages arising from the wrongful untimely ans zragic death of fasmine Mefendez, as predicated upon the fats ed legal theories set forth herein At the time of Jasmine Melendez’ wrongful death, Jasmine Metendez was survived by her parens, Francesca and Estevan Melendez, the persons entitled to recover damages inthis setion, At euch time, Jasmine Melendez was in good health with a normal tite expectancy. Plaintiffs have suffered immoesurable losses and damages, and seek relief under the Texas ‘Wrongful Death Act. VI. SURVIVAL CLAIM OF JASMINE MELENDEZ 14, Plants incorporate each and every allegation of the aforementioned paragraphs fully se: forth hercin. 15, Plains asset this sction pursuant to Texas Civit Practice end Remedies Code Section 71.021, Plaintiffs eck damages for the physical pain and mental snguish and ether damages suffered by Jasmine Melendez, who, although, did die as a result 3f the wrongfal and negligent cocduct of Defendants, did not die instantly. Asa diect and preximateeeslt ofthe negligence of Defendants, Jasmine Melende seed severe bodily injuries end mental enguish ‘up tothe time of her untimely death, At the time of he injuries and subseqent death, esmine -Melendee was in reasonably good health wih a normal ie expectancy 16. Had shelved the decedent, Jasmine Melendez, would have been entitled to bring these ceuses aFaction against Defendants.va. CAUSES OF ACTION AGAINST DEFENDANTS 17, Plinits incorporate each and every allegation ofthe aforementioned paragraphs sitll 6: forth herein, AL NEGEIGENCE 18, Defendants wore negligent. Defendants wed e duty to esrine Melendez fo use reasonable cere while ellowing her in their house. Defendants hada duty fo cvereise the degree of care that a reasonably prudent person would use to avoid harm to others under citeumstances similar to shose described herein, Jesmine Melendez was inured by negligent contact by ne or bot of Defendants st Defendants home. Plaintiis' damages were provimately caused by Defendants! neligent, carles,and reckless disegard of thie sid dy 19., Defendants” negligent, cates, and reskles disregerd of ther sai duty consisted cf te loving ats and omissions, based on the information curently avila to the Plitts a. Failing to secure the sifety of Jasmine Menendez: b. —Pailing to use ordinary ote, ‘Failing to ensure the prnzises didnot present an unreasonably angers condition to Jasmine and/or any other guess; 4. Failing to inspect the premises for dangerous condi: ©, Failing to wam of dangerous conitions present onthe Premises; {Failing to imuedistly call emergency medicsh services ater seeing Jasmine bleed profusely; g. _Negligenly moving lasmine's body afer lear signs of distress h. —Negligently moving Jasmine's body from her orig poston before paramedics arived andi Other negligent acts 20. Bach of these sets and omissions, singularly or in combination with others, ‘constitute negligence and proximately caused the occurrence that made the basis of this action, including he severe injuries and death sustained by Jasmine Melendez, as well as Plains? damages. B. GROSS NEGLIGENCE 21, Plants ncorporate by ceférence al other pareraphs ofthis petition asi ly set forth hein 22, Plaintiffs would show the Court and the Jury that the conduet of Defendants described herein constitutes gross negligence as defined by Texas Civil Pactie & Remedies Code Section 41,091(11)(A)-(B). Defendants are lable to Plants for gross negligence—to wit Defendants consciously andlor deliberately engaged in recklessness, willfulness, wantonness andior malice through Defendants! actions andor inactions and Defendants should be liable in punitive and exemplary damages to Plait; and be Defendants’ actions or inactions diectly and proximately caused injury and ‘death to Jasmine Melendez, which resuited inthe damages dewled below. 23, Defendants’ grossly negligent conduct proximately caused Plaitifs' damages. As ‘result of sich gross negligence of Deferdeats, Plains ar entitled to exemplary damages vin. DAMAGES, 24, Plaintiffs seek unliquidated damages in an amount that is wishin the jurisdieional limits of the Cour. 25. As a proximate result of the conduct of the Defendants, Jasmine Melendez sustained sevious injuries, resulting in her untimely death, and Plaintiffs sustained life-altering damages.26, Asa proximate result ofthe conduct of Defendants, Plaintiffs are entitled 1 the following lepal damages: 14. Loss of Consortium in the past and future including the loss parent-child relationship, incloding loss of affection, society, assistance, emotional support, care, comfort, solace, companionship, protection, services, ane child ind future pecuniary losses including earning capacity, advice, counsel, services, care, maintenance, suppor, and contributions tat Platts wou iinreasonable probability, have received had their daughczr lived; ©. Past and future mental anguish; 4, The physical pain and suffering Jasmine Melendez suffered up to her ursimely death; The mental anguish that Jasmine Melendez experienced up to her untimely seat and f, All reasonable and necessary expenses for any emergency care and funeral ‘and burial expenses of Jasmine Melendez, 21. Plantier sck monetary damages from Defendants to compensate them for the followin clernents of damages including but no miedo 4, Pastand fate physica! pain and mental anguish b, Loss of consortium; .Pastand foture physica! eapairment; end 4, Pastand future medical expenses 0 EXEMPLARY DAMAGES 28 The conduct of Deferdanis was more than momentary thoughtlessness, inadvertence, or eror of judgment, and was of such a cheracter as to make ths Defendants guilty of gross negligence. Defendants’ acts andlor oxissions involved an extreme degree of risk, considering ve probabitty and magnitade ofthe potential harm to others of wich Defendants hadactual awareness, but nonetheless preceded with concious indifference the rights, sal, or ‘welfare of eters, and Plaintiffs therfore sue forthe maximum amount of exemplary damages, pursuant to Texas Civil Prati and Remedies Code Section 41.003, in the amount determined by the tier ofthe fat x CONDITIONS PRECEDENT. 29, All conditions precedent to Plaintiffs right to resover the relief sought herein have ‘occurred or have been performed. xi. PRE-JUDGMENT AND POST-JUDGMENT INTEREST. 50 Plaintiffs seek pre-and postjudgment interest as allowed by 1s. xu. JURY DEMAND Si. Plainifts request a jury tral on this matter, A jury’ fee wil be paid xu. NOTICE OF REQUIRED DISCLOSURES 32, Under Texas Rule cf Civil Procedure 194, Plaintiffs herehy give notice that nthe inforaation Defendants must diselote, within SO days of sorvise of Plaintiffs’ Original P ‘or material dseribed in Rule 1942. xiv. PRESERVATION OF EVIDENCE/SPOLIATION NOTICE, und maintain all 33. Plains hereby requrat an! demands that Defendants prese evidence pertaining to any claim or forse related to the incident made the bess ofthis lsu or the damages resulting therefrom, inching text messages, cell phones; cellular da, emal, Photographs, videotapes, audiotape, video and audio recordings, recordings, files, fesimiles, voicemails, calendar eniries, investigation materils, police reports erimina! Investigations, andny and all information related to the referenced claim. Failure to maintain such items shall ‘constitute a “spoliation” of the evidence. XY, NOTICE OF SELF-AUTHENTICATION 34, Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Defendants are hereby notified that the produetion by Defendants of any document in response to written discovery authenticates the document for use against Defendants in any pre-trial preceding or at Xvi. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that Defendants be cited to appear and required to enswer herein acordingly to law, that this cause be set for befor a jury, that Plas recover dgment of and fom suid Defendants, jin and severally, for tei atl damages inthis cause in such amounts asthe evidence may show and the Jury may determine tebe proper, together with the cost of suit, prejudgment interest snd post judgment interest and for all such othe and Further reli, both in equity and at la, to which Plants may show that they are justly entitled, Respectfully submited, HILLIARD MaRriNez, GONZALES LLP By: és Robert C. Hilliard. Robert C. Hila Sate Bar No, 09677700 ‘bobh@hmglawfirm.com Rudy Gonzales, J. State Bar Ne. 08121700 rudyg@hmglawfirm.com Catherine T. Hilliard State Bar No. 24013642 catherine@hmglawfirm.com ohn B. MartinezState Bar No, 24010212 John@hmglesfirm.com Michal E. Richardson State Bor No, 24002838 mmrichardson(@hmelawfirm.com facion M. Reilly State Bar No, 24079195 mavion@hmglawfirm.com Jessica J, Pritehet State Bar No, 24102377 Jprtehet@hmglawfirm.com dohn C. Dull State Bar No, 24086979 idutt@hmglawtiem.com ‘Alex Hilliard State Bar No, 24099145 alex@hmglavfirm.com 719 8, Shoreline Boulevard Corpus Christi, Texas 78401 ‘Telephone No. 361.882.1612 Facsimile No. 361.882.3015 hmgservice@bmglawtirm.com “Service by e-mail to this address only [BEN CRUMP EAW, PLLC Benjamin L. Crump State Bar No. 72583, Beng@bencrump.com [Nabeha Shaer(o be admitted pr> hae vice) State Bar No. 5960364 ‘Nabeha@BenCrump.com 122, Calhoun Steet ‘allaassee, FL 32301 ‘Telephone No. (850} 224-2026 Facsimile No. (850) 224-2021 Service E-Meil: Court@BenCrump.com ATTORNEYS FOR PLAINTIFFS.Automated Certificate of eSorvice This automated certificate of service was created by the efling system. The filer served this document via email generated by the efling system on the date and to the persons listed below. ‘The rules governing certificates of service have not changed. Filers must stil provide a certificate of service that complies with all applicable rules, ‘Suzann Dry on behalf of John Duff Bar No. 24088979 ‘sdry@hmglawfirm.com Envelope ID: 86396618 Status as of 7/18/2022 10:13 AM CST Case Contacts Name BorNumber Ema TinestampSubmited Status soa Dutt |eutt@hmalawfemcom 7118202292058 AM SENT HAG Service hmgserice@tmslawicom — 7/182022:30355 AN SENT fen Crump court@benenmp.com ‘11872022 9:30:56 AM SENT Nabena Shaer Nabena@BerCrumpcom — 711872022830:S5AM SENT