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FILED

TARRANT COUNTY
8/19/2015 1:53:13 PM
THOMAS A. WILDER
DISTRICT CLERK

067-280475-15

CAUSE NO.______________________

DAMION GILBERT

IN THE DISTRICT COURT OF

VS.

KYLE REID,

TARRANT COUNTY, TEXAS

PENDRAGON TRANSPORTATION, LLC


DBA EXCALIBUR TOWING AND

COLLIN PARK APARTMENTS

_____________ DISTRICT COURT

PLAINTIFFS ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, DAMION GILBERT, Petitioner, in the above entitled and styled case, through
undersigned counsel, to file this compliant against the Defendants, KYLE REID, PENDRAGON
TRANSPORTATION, LLC, DBA EXCALIBUR TOWING, AND COLLIN PARK APARTMENTS,
for negligence and in support thereof states as follows:

DISCOVERY CONTROL PLAN


1.

Plaintiff intends to conduct discovery under Level 2 of the TEXAS RULES OF CIVIL

PROCEDURE 190.
PARTIES
2.

Plaintiff is an adult resident of Tarrant County and may be served through the undersigned counsel

at 607 N. Hampton Rd. Desoto Texas 75115.


3.

Defendant Kyle Reid is an individual and resident of the state if Texas and may be served 3939

Cross Timber Rd. Burleson, TX 76028.


4.

Defendant Pendragon Transportation a Limited Liability Company domiciled in the State of Texas

and may be served through its registered agent James C. Mosser at 17110 Dallas Parkway, Suite 290 Dallas
Texas, 75248
5.

Defendant Collin Park Apartments Center is an entity doing business in the State of Texas located

at 2001 TX-360 Euless, TX 76039.

D. Gilbert v. Reid et al

Plaintiffs Original Petition

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067-280475-15

VENUE
6.

Venue is proper in Tarrant County, Texas 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.
JURISDICTION
7.

Damages sought in this matter are within the jurisdictional limits of this court.
FACTS

8.

On or about July 24, 2014, Mr. Gilbert was on his patio and saw Defendant Kyle Reid, an employee

of Defendant Excalibur Towing, taking a picture of his mothers car and preparing to tow it. Mr. Gilbert
yelled out to Mr. Reid and said, hey, thats my car. Mr. Gilbert proceeded to come down the stairs in an
attempt to speak with the Mr. Reid. However Mr. Reid had already attached the car to the tow truck.
9.

Mr. Gilbert approached the tow truck waiving his hands in the air to get the employees attention.

Mr. Gilbert had previous experience with your clients company and drivers in the past when another one
of its employees previously towed his truck. Prior to the instant situation, Mr. Gilbert approached the tow
truck in the same manner and Mr. Reid negotiated a drop fee of approximately $200.00 to release the truck.
In that instance, Mr. Gilbert paid the drop fee and Mr. Reid detached his truck and the tow truck drove
away.
10.

On the day in question, Mr. Gilbert did the same exact thing he had done in the past. He waived his

hands in the air to get the Mr. Reids attention. Mr. Reid placed the tow truck in park, exited the vehicle,
walked toward Mr. Gilbert and sprayed pepper spray in his face. Mr. Gilbert collapsed to the ground
breaking his foot and spraining his ankle. Immediately after Mr. Reid used the pepper spray, he proceeded
to get back into the tow truck and roll down the window and shout out racial slurs.
11.

Mr. Gilbert blindly crawled on the ground to the swimming pool of the apartment complex as he

screamed in pain somebody get help, somebody help me. When Mr. Gilbert finally reached the
swimming pool he jumped in with all his clothes on in an effort to stop the severe burning sensation
surrounding his eyes. Unbeknownst to Mr. Gilbert, as he has never been pepper sprayed before, the chlorine
aggravates the pepper spray and the pain intensified and continued.
12.

The individuals near the swimming pool tried to help him. By this time the police showed up. After

the police had conversations with witnesses and others present the officers sought to get Mr. Gilbert medical
treatment. Mr. Reid returned to the scene with the car because the car did in fact display the proper tags
required by the apartment complex and therefore Mr. Reid had no reason to tow the car. It was parked
legally.

D. Gilbert v. Reid et al

Plaintiffs Original Petition

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067-280475-15

13.

Following this incident Mr. Gilbert immediately went to the emergency room sought medical

treatment with Harris Medical Hospital and was diagnosed with a fracture of the fifth metatarsal bone of
the left foot, left ankle sprain and chemical exposure.
14.

Mr. Gilbert received treatment from Dr. Jeffrey Peebles. Mr. Gilbert continued his treatment and

follow-up with the JPS Health Network and Dr. Alan Gregory. Mr. Gilbert continues to feel significant
pain daily in his injury foot.
NEGLIGENCE I
15.

On or about July 24, 2014, Kyle Reid owed a duty to the Petitioner a duty of ordinary care to act

toward him with watchfulness, attention, caution and prudence that a reasonable person in the
circumstances would. Mr. Reid deviated from that duty and breached this standard of care by pepper
spraying Mr. Gilbert in the face.
16.

As a direct and proximate result of the breach of the applicable standard of care by Mr. Gilbert

which resulted in the Petitioners injuries the Petitioner: 1) suffered conscious pain and suffering in the past
and will suffer conscious pain and suffering into the future, 2) incurred past and future lost wages, 3)
suffered loss of earning capacity in the past and into the future, 4) suffered loss of household services in
the past and into the future, 5) incurred medical expenses in the past and will incur future medical expenses,
6) suffered mental anguish.
17. All of the injuries and damages sustained by the Petitioner were the direct and proximate result of the
negligent actions of Kyle Reid, an employee of Pendragon Transportation, LLC. without any act or
omission on the part of the Petitioner directly thereunto contributing to or assuming any risk related to his
injuries.
18. That at the time Kyle Reids actions caused the Petitioners injuries, Kyle Reid was acting within the
scope of his employment and agency with Pendragon Transportation dba Excalibur Towing.
WHEREFORE: The Petitioner claims damages against the Defendants in an amount to be determined
at trial, plus costs, and for any further relief that this Honorable Court deems necessary and appropriate.
NEGLIGENCE II
19.

On or about July 24, 2014, Pendragon Transportation, LLC dba Excalibur Towing owed a duty to

the Petitioner a duty of ordinary care, duty to control, duty to supervise, duty to train, duty to use ordinary
care in hiring employees, ordinary care to act toward him with watchfulness, attention, caution and
prudence that a reasonable person in the circumstances would. Mr. Reid deviated from that duty and
breached this standard of care by pepper spraying Mr. Gilbert in the face.

D. Gilbert v. Reid et al

Plaintiffs Original Petition

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067-280475-15

20.

As a direct and proximate result of the breach of the applicable standard of care by Mr. Gilbert

which resulted in the Petitioners injuries the Petitioner: 1) suffered conscious pain and suffering in the past
and will suffer conscious pain and suffering into the future, 2) incurred past and future lost wages, 3)
suffered loss of earning capacity in the past and into the future, 4) suffered loss of household services in
the past and into the future, 5) incurred medical expenses in the past and will incur future medical expenses,
6) suffered mental anguish.
21. All of the injuries and damages sustained by the Petitioner were the direct and proximate result of the
negligent actions of Kyle Reid, an employee of Pendragon Transportation, LLC. without any act or
omission on the part of the Petitioner directly thereunto contributing to or assuming any risk related to his
injuries.
22. That at the time Kyle Reids actions caused the Petitioners injuries, Kyle Reid was acting within the
scope of his employment and agency with Pendragon Transportation dba Excalibur Towing.
WHEREFORE: The Petitioner claims damages against the Defendants in an amount to be determined
at trial, plus costs, and for any further relief that this Honorable Court deems necessary and appropriate.
RESPONDEAT SUPERIOR
23.

Under the theory or respondeat superior, an employer is vicariously liable for the torts of an

employee acting within the scope of employment even though the employer did not personally commit the
tort. Goodyear Tire & Rubber Co. v. Mayes, 236 S.W.3d 754, 757 (Tex. 2007).
A. The Plaintiff, Damion Gilbert, was injured as a result of Defendant, Kyle Reids actions, a tort.
B. The tortfessor, Kyle Reid, was an employee of the Defendant, Pendragon Transportation, LLC
C. The tort was committed while the employee, Kyle Reid, was acting within the scope of his
employment by acting within his general authority; in the furtherance of the Defendant, Pendragon
Transportations business; for the accomplishment of the object for which Mr. Reid was hired, to tow
automobiles.
On or about July 24, 2014, Pendragon Transportation, LLC dba Excalibur Towing owed a duty to
the Petitioner a duty of ordinary care, duty to control, duty to supervise, duty to train, duty to use ordinary
care in hiring employees, ordinary care to act toward him with watchfulness, attention, caution and
prudence that a reasonable person in the circumstances would. Pendragon Transportation, LLC dba
Excalibur Towing deviated from that duty and breached this standard of care when its employee Kyle Reid
negligently pepper sprayed Mr. Gilbert in the face causing him to break his foot, sprain his ankle and endue
chemical burns to his face,

D. Gilbert v. Reid et al

Plaintiffs Original Petition

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067-280475-15

REQUEST FOR DISCLOSURE


18.

Under TEXAS RULE OF CIVIL PROCEDURE 194, Plaintiff requests that Defendants disclose,

within 50 days of service of this request, the information or material described in Rule 194.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the Defendants be
cited to appear and answer herein, and that upon a final hearing of this cause, judgment be entered for the
Plaintiff against Defendant for damages in the amount within the jurisdictional limits of the court; together
with pre-judgment interest (from the date of injury through the date of judgment) at the maximum rate
allowed by law; post-judgment interest at large at the legal rate; costs of court; and such other and further
relief to which Plaintiff may be entitled at law or in equity.

Respectfully submitted,

By:

David M. Patin, Jr.


Texas Bar No. 24076611
Email: david@patinlawgroup.com
607 North Hampton Road Suite B
DESOTO, TX 75115
Tel. (972) 230-4458
Fax. (214) 206-9451
Attorney for Plaintiff

D. Gilbert v. Reid et al

Plaintiffs Original Petition

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