FILED

3/1/2023 6:05 PM
Gloria A. Martinez 3 citpps / sac 4
Bexar County District Clerk
Accepted By: Brenda Carrillo
Bexar County - 73rd District Court
2023CI04220
CAUSE No ____________________

JOSE CRUZ RAMOS, § IN THE DISTRICT COURT

Plaintiff §
§
§
vs. §
§ _____ JUDICIAL DISTRICT
AMAZON LOGISTICS, INC., §
AMAZON LOGISTICS, §
AND TYSEN RODGERS §
Defendants. § BEXAR COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION,

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes, JOSE CRUZ RAMOS, Plaintiff herein, complaining of TYSEN

RODGERS, AMAZON LOGISTICS, INC., and AMAZON LOGISTICS Defendants

herein, and for cause of action respectfully shows the Court as follows:

I.
Discovery

Plaintiff affirmatively pleads that discovery should be conducted under Level 3 of

Rule 190 of the TEXAS RULES OF CIVIL PROCEDURE.

II.
Parties

A. Plaintiff JOSE CRUZ RAMOS is a resident of Bexar County, Texas.

B. Defendant TYSEN RODGERS is an individual residing in Bexar County, Texas,

and may be served with process at his residence located at 3311 Saltillo Way, San

Antonio, Texas 78253, or wherever he may be found. Service of process is

requested by private process as authorized by this Court.

C. Defendant AMAZON LOGISTICS, INC is a foreign corporation authorized to do

business in the State of Texas. The corporation may be served with process by
 serving its agent for service at Corporation Service Company DBA CSC- Lawyers

Inco, 211 E. 7th Street, Suite 620 Austin., Texas 78701. Service of process is

requested by private process as authorized by this Court.

D. Defendant AMAZON LOGISTICS is a foreign corporation authorized to do

business in the State of Texas. The corporation may be served with process by

serving its agent for service, at 1410 S. Callaghan Rd, San Antonio, Texas 78227.

Service of process is requested by private process as authorized by this Court

III.
Jurisdiction and Venue

Venue is proper in Bexar County, Texas pursuant to TEXAS CIVIL PRACTICE &

REMEDIES CODE §15.002(a)(1) in that all or a substantial part of the events or omissions

giving rise to claims asserted herein occurred in Bexar County, Texas.

IV.
Misnomer, Alter-Ego, Assumed Name

In the event any parties are misnamed or not included herein, it is Plaintiff’s

contention that such was a “misnomer” and/or such parties are/were “alter egos” of

parties named herein.

V.
Factual Allegations

On or about the 14th day of February, 2023, Plaintiff, JOSE CRUZ RAMOS, was

traveling in his vehicle south bound on Benrus Drive, in San Antonio, Texas and behind

Defendants Amazon Logistics, Inc. and/or Amazon Logistics’ vehicle driven by

defendant, TYSEN RODGERS, who attempted to make a U-Turn and turned in front of

Plaintiff Jose Cruz Ramos’ vehicle causing the two vehicles to collide.
 At all times relevant hereto, Defendant, Tysen Rodgers was an employee,

borrowed employee, agent or servant of defendants Amazon Logistics, Inc and/or

Amazon Logistics.

VI.
Negligence, Negligence Per Se

A. TYSEN RODGERS

At the time and on the occasion in question, Defendant, Tysen Rodgers while

operating said vehicle within the course and scope of his employment for, a borrowed

servant of, or an agent of the defendants Amazon Logistics, Inc., and/or Amazon

Logistics 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:

1. in failing to keep a proper lookout;

2. in attempting to make an improper and unsafe turn;
3. in operating his vehicle in an unsafe manner;
4. failing to take proper evasive action to avoid the collision that made the basis
of this suit;
5. failing to maintain proper attention while operating a motor vehicle;
6. in failing to appropriately apply the brakes or otherwise stop the vehicle;
7. in operating the vehicle in a careless and heedless fashion on the roadway as
to endanger other persons using the roadway;
8. in failing to abide by the proper rules and regulations concerning the vehicle’s
safe operation;
9. in failing to keep the vehicle under control so as to avoid collisions; and
10. in failing to operate the vehicle in a reasonable and prudent manner.

Each and all of the forgoing acts of omission and/or commission constituted negligence

and negligence per se and were a proximate cause of damages to Plaintiff Jose Cruz

Ramos and for which Plaintiff hereby seeks recovery within the jurisdictional limits of

this court.

B. AMAZON LOGISTICS, INC.

 Plaintiff contends that, on the occasion in question, Plaintiff’s injuries and

damages were proximately caused by the negligent acts and/or omissions of the

Defendant Amazon Logistics, Inc., because Defendant’s driver, Tysen Rodgers

committed acts of negligence as stated above. Further Defendant Amazon Logistics, Inc.,

is guilty of individual actions of negligence in at least the following particulars:

a. in failing to properly train Tysen Rodgers;

b. in failing to properly monitor and supervise Tysen Rodgers;
c. negligently entrusting a vehicle to Tysen Rodgers;
d. in failing to properly implement appropriate policies and procedures for individuals
that drive their vehicles;
e. in failing to provide proper and/or adequate training to drivers of their vehicles with
respect to safe vehicle operation;
f. in failing to ensure the safety of others through proper training of drivers of their
vehicles;
g. in failing to properly monitor drivers of their vehicles to ensure proper
documentation of compliance with statutes and regulations governing;
h. creating a danger to the public, of which it had specific knowledge, and then failing
to protect the public from that danger;
i. negligently exercising control of Tysen Rodgers.

Each of the foregoing negligent acts and omissions, whether taken singularly or in

combination, were the proximate causes of the collision made the basis of this cause of

action; the injuries suffered by Plaintiff, and the damages sustained by Plaintiff, which

are hereinafter described with more particularity.

C. AMAZON LOGISTICS

Plaintiff contends that, on the occasion in question, Plaintiff’s injuries and

damages were proximately caused by the negligent acts and/or omissions of the

Defendant Amazon Logistics, because Defendant’s driver, Tysen Rodgers committed acts

of negligence as stated above. Further Defendant Amazon Logistics, is guilty of

individual actions of negligence in at least the following particulars:

a. in failing to properly train Tysen Rodgers;

b. in failing to properly monitor and supervise Tysen Rodgers;
c. negligently entrusting a vehicle to Tysen Rodgers;
 d. in failing to properly implement appropriate policies and procedures for individuals
that drive their vehicles;
e. in failing to provide proper and/or adequate training to drivers of their vehicles with
respect to safe vehicle operation;
f. in failing to ensure the safety of others through proper training of drivers of their
vehicles;
g. in failing to properly monitor drivers of their vehicles to ensure proper
documentation of compliance with statutes and regulations governing;
h. creating a danger to the public, of which it had specific knowledge, and then failing
to protect the public from that danger;
i. negligently exercising control of Tysen Rodgers.

Each of the foregoing negligent acts and omissions, whether taken singularly or in

combination, were the proximate causes of the collision made the basis of this cause of

action; the injuries suffered by Plaintiff, and the damages sustained by Plaintiff, which

are hereinafter described with more particularity.

VII.
Respondeat Superior/Vicarious Liability, and
Course and Scope of Employment

Plaintiff contends that Defendant, TYSEN RODGERS, was negligent while acting

within the course and scope of his employment, and/or as an agent for Amazon Logistics,

Inc. and/or Amazon Logistics and his actions were the proximate cause of the collision

made the basis of this suit.

Further, such negligence was the proximate cause of the injuries suffered by

Plaintiff and the damages caused to Plaintiff, which are hereinafter described with more

particularity. Under the doctrine of respondeat superior, apparent agency, actual agency,

ratification, and/or vicarious liability, Amazon Logistics, Inc. and/or Amazon Logistics

is liable for the actions of Defendant, TYSEN RODGERS.

VIII.
Damages

Nearly all of the elements of damages for personal injury are unliquidated and,

therefore, not subject to precise computation. Plaintiff 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. This amount is in excess of one (1) million

dollars.

A. PERSONAL INJURY DAMAGES FOR JOSE CRUZ RAMOS

As a result of the incident in question, JOSE CRUZ RAMOS suffered severe and

disabling injuries. He sustained past reasonable and necessary medical expenses for the

care and treatment of his injuries, a loss of past and future wages, past and future physical

impairment, past and future physical pain, past and future mental anguish, past and

future disfigurement, and a diminution of enjoyment of life, all in an amount which has

not been ascertained, but which is in excess of the minimum jurisdictional limits of this

court, and the minimum $75,000.00 jurisdictional limits of the federal courts.

IX.
Costs and Interest

Plaintiff is also entitled to pre-judgment and post-judgment interest and costs of

Court as allowed by law.

X.
Jury Demand

Plaintiff respectfully request a trial by jury.

XI.
PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants, each

of them, be cited and required to answer herein as required by law, and that on final trial

by jury, Plaintiff be awarded judgment against each of the Defendants, jointly and

severally, for the full amounts of Plaintiff’s actual damages, and for prejudgment and

post judgment interest and costs of court and such other and further relief to which
Plaintiff may show himself entitled.

Respectfully submitted,

WIGINGTON RUMLEY DUNN & BLAIR, L.L.P.

123 North Carrizo Street
Corpus Christi, Texas 78401
Telephone: (361) 885-7500
Facsimile: (361) 885-0487

By: /s/ Jerry Guerra

Jerry Guerra
State Bar No. 00789326
jguerra@wigrum.com

Oscar A. Garza
State Br No 24040960
The Law Firm of Oscar A. Garza, P.L.L.C.
6243 W Interstate 10, Suite 970
San Antonio, Texas 78201
Telephone: (210) 732-3030
Facsimile: (210) 732-3031
ogarza@oscargarzalaw.com

ATTONERYS FOR PLAINTIFF