Professional Documents
Culture Documents
8/18/2022 10:27 AM
Mary Angie Garcia
Bexar County District Clerk
Accepted By: Maria Jackson
Bexar County - 45th District Court
CAUSE NO. 2021CI18352
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AND §
§
MARIA ESTHER SANCHEZ, §
INDIVIDUALLY AND AS §
REPRESENTATIVE OF THE ESTATE OF §
JASON SANCHEZ, DECEASED §
§
Intervenors, §
§
VS. §
§
DARLING INGREDIENTS, INC.; RAY §
DICKERSON; NLP TRANSPORT, INC.; §
NORGE L. PADRON, AND CHARLES §
HOWELL, AS ADMINISTRATOR OF THE §
ESTATE OF JASON HOWELL §
§
Defendants. § BEXAR COUNTY, TEXAS
cause and files this her Second Amended Petition in Intervention, complaining of Darling
Ingredients, Inc., Ray C. Dickerson, NLP Transport, Inc., Norge Lastre-Padron, and
Darling International, Inc., Defendants, and for cause of action would respectfully show
I. DISCOVERY TRACK
1.1 Intervenor pleads that this case should be assigned to Discovery Track
Three.
2.1 Intervenor, Natalie Palmer, is the surviving common law wife of Jason
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B. DEFENDANTS
transacting business in the state of Texas. Defendant, Darling Ingredients Inc., formerly
Irving Texas. Defendant Darling Ingredients, Inc., is and has been served and answered
herein.
engaging in business and transacting business in the state of Texas, and has been served
business, engaging in business and transacting business in the state of Texas, with its
principal place of business and headquarters in Irving, Texas. It is now known as Darling
III. VENUE
3.1 Venue is proper in Bexar County, Texas pursuant to §15.002(a)(2) and (3) of
the Texas Civil Practice and Remedies Code since Bexar County is the county in which
Defendant, Jeremy Allen Howell’s residence was at the time the cause of action accrued,
as well as Defendant, Howell Industrial Solutions, LLC’s place of business, and this Court
has both jurisdiction and venue.
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3.2 Venue is also proper in Bexar County, Texas pursuant to §15.003 of the
(1) joinder by Intervenor in the suit by the Intervenor is proper under the
(3) there is an essential need to have the Intervenor's claim tried in Bexar
(4) the suit filed in Bexar County is a fair and convenient venue for
4.1 On or about August 31, 2021, Plaintiffs sued Defendants for their damages
arising out of the incident in question. Included in the Defendants sued were Jason
Howell (incorrectly named as Jeremy Howell) and Howell Industries. Intervenor is the
surviving common law wife of Jason Howell, and files suit against some of these
Defendants for an apportionment of fault in causing the accident and her damages arising
from the death of her husband, Jason Howell.
V. FACTS
5.1 On or about August 26, 2021, Jason Howell was driving a 2012 Dodge Ram
3500 Truck, owned by Jeremy Howell, while in the course and scope of his employment
with Howell Industrial Solutions, LLC., and was traveling East on Interstate 10 in Seguin,
Guadalupe County, Texas. His passengers were Jason Sanchez and Joseph Cline.
5.2 Defendant, Ray C. Dickerson was operating a 2020 Mack Anthem Tractor
Truck towing a 2020 Dump Trailer, while in the course and scope of his employment with
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Darling Ingredients, Inc. and was traveling East on Interstate 10 on the same road as Jason
Howell in a company vehicle owned by Defendant, Darling Ingredients Inc., when Mr.
Dickerson failed to control his speed, was an inattentive driver and failed to take proper
evasive action, causing his trailer’s cargo to spill its load onto Interstate 10, causing the
5.3 At all times relevant hereto, Defendant, Ray C. Dickerson was an employee
of Darling Ingredients, Inc., and was in the course and scope of his employment at the
time of the collision made the basis of this suit occurred. The 2020 Mack Anthem Tractor
Truck and 2020 Dump Trailer were owned, operated, leased, and/or maintained by
(collectively "Darling”) is the largest rendering company in the United States, primarily
serving the food industry. The Irving, Texas-based company collects and recycles used
restaurant cooking oil and by-products from the beef, pork, and poultry processing
industries. On the day of the incident in question, Defendant Dickerson, while driving
for Darling, picked up animal by-product from a business in Waelder, Texas. While there,
Dickerson supervised the loading of animal by-product into his trailer. Then Dickerson
by-product into his trailer. Dickerson then headed to the San Antonio Transfer Station
Defendant Darling International. Finally, Dickerson left for Houston with his trailer
loaded to the brim with animal by-product. On the way to Houston Dickerson failed to
keep a lookout for slowed traffic ahead of him, slammed on his brakes and spilled the
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5.5 Defendant, Norge Lastre-Padron, was originally sued by the Plaintiffs for
his role in causing their injuries along with the Darling defendants. Defendant, Norge
Lastre-Padron was operating his 2003 Freightliner Tractor Truck pulling a 1999 Trail
Mobile Trailer. He was traveling East on Interstate 10 when he came upon the spilled
animal by-product and was unable to control his vehicle and slammed into the vehicle
being driven Jason Howell. Intervenor alleges that Defendant Norge Lastre-Padron
failed to take proper evasive action and was an inattentive driver causing, in part, the
5.6 At all times relevant hereto, Defendant, Norge Lastre-Padron was an agent
and/or employee of NLP Transport, Inc., and was in the course and scope of his
employment at the time of the collision made the basis of this suit occurred. The 2003
Freightliner Tractor Truck and 1999 Trail Mobile Trailer were owned, operated, leased,
5.7 As a result of the collision, Jason Howell was severely burned and
ultimately died.
6.1 At the time and on the occasion in question, Defendant, Ray C. Dickerson
while operating said vehicle within the course and scope of his employment for Darling
Ingredients Inc., and while operating said vehicle for and on behalf of and with Darling
Ingredients Inc.’s permission, failed to use ordinary care by various acts and omissions
each of which singularly or in combination with others, was a proximate cause of the
occurrence in question:
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(d) in failing to load his trailer in a manner that made it safe for
operation on public roadways;
6.2 Each and all of the above foregoing acts of omission and/or commission
constituted negligence and negligence per se and were the proximate cause or causes of
the collision in question and of the injuries and damages of Jason Howell, the physical
pain and mental anguish he suffered, his death, and the damages sustained by
Intervenor, and for which Intervenor hereby seeks recovery within the jurisdictional
6.3 Intervenor further asserts and alleges that the acts of omission and/or
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in that this Defendant acted with conscience indifference to the rights, safety, or welfare
of the Intervenor in operating said vehicles without proper training. Such conduct by
Mr. Dickerson created an extreme degree of risk to all persons traveling on Texas
roadways on the afternoon in question, which such degree of risk manifested itself on
Intervenor herein. This wanton and conscious indifference constituted gross negligence
and was the proximate cause or causes of the collision in question and of the injuries and
damages of Jason Howell, the physical pain and mental anguish he suffered, his death,
and the damages sustained by Intervenor, and for which Intervenor hereby seeks
7.1 At the time of the accident, Darling Ingredients Inc. was the
owner/operator of the 2020 Mack Anthem Tractor Truck and 2020 Dump Trailer driven
by Ray C. Dickerson. Ray C. Dickerson was under the control of Darling Ingredients Inc.,
as an employee and/or agent of Darling Ingredients Inc. and was acting within the course
responsible for the negligence and negligence per se of Ray C. Dickerson based on the
7.2 Intervenor further assert and alleges that at the time of the collision made
the basis of this suit that Defendant, Darling Ingredient Inc., was guilty of various acts
and/or omissions which constituted negligence, including, but in no way limited to the
following, each of which singularly or in combination with others, was a proximate cause
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(c) negligently entrusting a vehicle to Mr. Dickerson;
(o) in failing to prevent Dickerson and his trailer from leaving the
Darling San Antonio Transfer Station with a load that was
dangerous to operate on public roadways.
7.3 Each and all of the above foregoing acts of omission and/or commission
constituted negligence and negligence per se and were the proximate cause or causes of
the collision in question and of the injuries and damages of Jason Howell, the physical
pain and mental anguish he suffered, his death, and the damages sustained by
Intervenor, and for which Intervenor hereby seeks recovery within the jurisdictional
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limits of this court.
7.4 Intervenor further asserts and alleges that the acts of omission and/or
negligence in that this Defendant acted with conscience indifference to the rights, safety,
or welfare of the Intervenor in operating said vehicles without proper training. Such
conduct by Darling Ingredients Inc. created an extreme degree of risk to all persons
traveling on Texas roadways on the afternoon in question, which such degree of risk
constituted gross negligence and was the proximate cause or causes of the collision in
question and of the injuries and damages of Jason Howell, the physical pain and mental
anguish he suffered, his death, and the damages sustained by Intervenor, and for which
Intervenor hereby seeks recovery within the jurisdictional limits of this court.
supplied, packaged and participated in the loading of the by-products that Defendants,
Darling Ingredients, Inc., and Ray Dickerson were hauling at the time of the incident and
8.2 Intervenor further asserts and alleges that at the time of the collision made
the basis of this suit that Defendant, Darling Ingredients Inc. f/k/a Darling International
Inc., was guilty of various acts and/or omissions which constituted negligence,
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(c) in failing to prevent Dickerson and his trailer from leaving the
Darling San Antonio Transfer Station with a load that was
dangerous to operate on public roadways.
8.3 Each and all of the above foregoing acts of omission and/or commission
constituted negligence and negligence per se and were the proximate cause or causes of
the collision in question and of the injuries and damages of Jason Howell, the physical
pain and mental anguish he suffered, his death, and the damages sustained by
Intervenor, and for which Intervenor hereby seeks recovery within the jurisdictional
8.4 Intervenor further asserts and alleges that the acts of omission and/or
and/or severally constituted gross negligence in that this Defendant acted with
packaging the cargo, improperly loading the cargo and improperly securing the cargo.
Such conduct by Darling Ingredients Inc. f/k/a Darling International Inc. created an
extreme degree of risk to all persons traveling on Texas roadways on the afternoon in
question, which such degree of risk manifested itself on Intervenor herein. This wanton
and conscious indifference constituted gross negligence and was the proximate cause or
causes of the collision in question and of the injuries and damages of Jason Howell, the
physical pain and mental anguish he suffered, his death, and the damages sustained by
Intervenor, and for which Intervenor hereby seeks recovery within the jurisdictional
9.1 At the time and on the occasion in question, Defendant, Norge Lastre-
Padron while operating said vehicle within the course and scope of his employment for
NLP Transport, Inc., and while operating said vehicle for and on behalf of and with NLP
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Transport Inc.’s permission, failed to use ordinary care by various acts and omissions
each of which singularly or in combination with others, was a proximate cause of the
occurrence in question:
9.2 Each and all of the above foregoing acts of omission and/or commission
constituted negligence and negligence per se and were the proximate cause or causes of
the collision in question and of the injuries and damages of Jason Howell, the physical
pain and mental anguish he suffered, his death, and the damages sustained by
Intervenor, and for which Intervenor hereby seeks recovery within the jurisdictional
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9.3 Intervenor further asserts and alleges that the acts of omission and/or
negligence in that this Defendant acted with conscience indifference to the rights, safety,
or welfare of the Intervenor in operating said vehicles without proper training. Such
conduct by Mr. Lastre-Padron created an extreme degree of risk to all persons traveling
on Texas roadways on the afternoon in question, which such degree of risk manifested
itself on Intervenor herein. This wanton and conscious indifference constituted gross
negligence and was the proximate cause or causes of the collision in question and of the
injuries and damages of Jason Howell, the physical pain and mental anguish he suffered,
his death, and the damages sustained by Intervenor, and for which Intervenor hereby
10.1 At the time of the accident, NLP Transport, Inc., was the owner/operator
of the 2003 Freightliner Tractor and 1999 Trail Mobile Trailer driven by Norge Lastre-
Padron. Norge Lastre-Padron was under the control of NLP Transport, Inc., as an
employee and/or agent of NLP Transport, Inc. and was acting within the course and
scope of his employment. Therefore, NLP Transport, Inc., is vicariously responsible for
the negligence and negligence per se of Norge Lastre-Padron based on the theory of
Respondeat superior.
10.2 Intervenor further asserts and alleges that at the time of the collision made
the basis of this suit that Defendant, NLP Transport, Inc., was guilty of various acts
and/or omissions which constituted negligence, including, but in no way limited to the
following, each of which singularly or in combination with others, was a proximate cause
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(a) in failing to properly train Mr. Lastre-Padron;
10.3 Each and all of the above foregoing acts of omission and/or commission
constituted negligence and negligence per se and were the proximate cause or causes of
the collision in question and of the injuries and damages of Jason Howell, the physical
pain and mental anguish he suffered, his death, and the damages sustained by
Intervenor, and for which Intervenor hereby seeks recovery within the jurisdictional
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10.4 Intervenor further asserts and alleges that the acts of omission and/or
negligence in that this Defendant acted with conscience indifference to the rights, safety,
or welfare of the Intervenor in operating said vehicles without proper training. Such
conduct by Darling Ingredients, Inc., created an extreme degree of risk to all persons
traveling on Texas roadways on the afternoon in question, which such degree of risk
constituted gross negligence and was the proximate cause or causes of the collision in
question and of the injuries and damages of Jason Howell, the physical pain and mental
anguish he suffered, his death, and the damages sustained by Intervenor, and for which
Intervenor hereby seeks recovery within the jurisdictional limits of this court.
XI. DAMAGES
11.1 Nearly all of the elements of damages for personal injury and wrongful
death are unliquidated and, therefore, not subject to precise computation. Intervenor
seeks to recover damages in amounts that the jury finds the evidence supports and that
the jury finds to be appropriate under all of the circumstances, which said amount is in
excess of One Million Dollars.
11.2 Decedent, Jason Howell was 48 years of age at the time of his death. He
was in good health with a reasonable life expectancy of many years. During his lifetime,
the decedent was a good, caring husband who gave comfort and companionship to his
family. In all reasonable probability, he would have continued to do so for the remainder
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11.3 As a result of the death of Jason Howell, his surviving wife, Natalie Palmer,
has suffered damages in the past and in the future, including pecuniary damages, mental
anguish, loss of companionship, loss of consortium and society, loss of maintenance and
support, and loss of inheritance, for which damages are sought under the Texas Wrongful
Death Act and Texas Survival Act in an amount far in excess of the minimal jurisdictional
limits of this Court and of the minimum $75,000.00 jurisdictional limits of the federal
courts.
B. EXEMPLARY DAMAGES
11.4 As a result of the gross neglect and malice by Defendants, said Defendants
law.
13.1 Intervenor requests a trial by jury for all issues of fact. A jury fee has been
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Respectfully submitted,
-And-
Reynaldo A. Pena
LAW OFFICES OF REYNALDO A. PENA,
P.L.L.C.
205 Carrizo Street
Corpus Christi, TX 78401
rey@rpenalawfirm.com
Telephone: (361) 356-1882
Facsimile: (361) 356-1083
CERTIFICATE OF SERVICE
The undersigned attorney does hereby certify that on August 18, 2022, a true and
correct copy of the foregoing instrument was served/electronically filed on the CM/ECF
system, which provides for service on counsel of record in accordance with the electronic
filing protocols in place.
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Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.