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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

WAKEFIELD v. ACE AMERICAN INSURANCE COMPANY

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
6:15-cv-00040 Search Pacer
ACE Group party(s): 
Opposing Party: 
Brenton Wakefield
Court Type: 
Federal
US District Court: 
Southern District of Texas
Date Filed: 
Jun 5 2015

COMES NOW, BRENTON WAKEFIELD, hereinafter referred to as Plaintiff, and makes
and files herewith his Original Petition, complaining of GLORIA AVILA and ACE
AMERICAN INSURANCE COMPANY, hereinafter referred to as Defendants, and for cause of
action would respectfully show to the Court as follows:

I.
Discovery is intended to be conducted under Level 3 of Texas Rules of Civil Procedure
190.

II.
Plaintiff, BRENTON WAKEFIELD, is a resident of Victoria, Victoria County, Texas.
Defendant, GLORIA AVILA, an individual who is a resident of Harris County, Texas,
may be served with process at 9703 Ravens worth, Houston, Texas 77031 by certified mail, return
receipt requested, restricted delivery.
Defendant, ACE AMERICAN INSURANCE COMPANY, a foreign insurance carrier,
organized and existing under the laws of Pennsylvania and authorized to conduct insurance
business in Texas, may be served with process by serving its designated agent for service of
process, C.T. Corporation System at 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136 by
certified mail, return receipt requested, restricted delivery.

III.
This court has jurisdiction over this case and the damages sought are within the
jurisdictional limits of this court. Venue is proper in Victoria County, Texas, because the policy
of insurance written by Defendant ACE AMERICAN INSURANCE COMPANY to Carbon
Silica Partners, LP and/or Carbon Silica Real Estate, LP and/or Diamond Fiberglass Fabricators,
Inc., the owners of the truck tractor trailer being driven by Plaintiff BRENTON WAKEFIELD
at the time of the accident made the basis of this suit, was purchased and written in Victoria
County, Texas.    ...

IV.
On or about February 28, 2013, Defendant, GLORIA AVILA, was the driver of a vehicle
which was travelling southbound on the 5200 block of South US 59 in Houston, Harris County,
Texas. Plaintiff, BRENTON WAKEFIELD, who was driving a truck tractor trailer owned by
Carbon Silica Partners, LP and/or Carbon Silica Real Estate, LP and/or Diamond Fiberglass
Fabricators, Inc., was also travelling southbound on the 5200 block of South US 596 in Houston,
Harris County, Texas when Defendant GLORIA AVILA failed to keep a proper lookout and
failed to drive in a single lane of traffic striking the front of Plaintiffs vehicle. As a result of the
accident Plaintiff has suffered personal injuries and damages.

V.
The injuries and damages suffered by Plaintiff were directly and proximately caused by the
negligence of the Defendant, GLORIA AVILA. At the time and place in question. Defendant
was guilty of many acts of negligence, each of which jointly and severally proximately caused the
serious, painful and permanent injuries and damages suffered by Plaintiff.

VI.
The motor vehicle causing the Plaintiffs, BRENTON WAKEFIELD, damages as
described above was at all times material to this action an “underinsured motor vehicle”, as that
term is defined in the policy of insurance issued to Carbon Silica Partners, LP and/or Carbon
Silica Real Estate, LP and/or Diamond Fiberglass Fabricators, Inc. by Defendant ACE
AMERICAN INSURANCE COMPANY. In this connection, Plaintiff, BRENTON
WAKEFIELD, will show that the sum of the limits on all applicable liability bonds and policies
providing liability insurance for the ownership, maintenance, or use of such vehicle is less than the
applicable limits of liability stated in the underinsured coverage of the policy issued to Carbon
Silica Partners, LP and/or Carbon Silica Real Estate, LP and/or Diamond Fiberglass Fabricators,
Inc. by Defendant ACE AMERICAN INSURANCE COMPANY. Specifically, the only
available insurance coverage for GLORIA AVILA is $30,055.00, pursuant to a policy issued by
Progressive County Mutual Insurance Company to GLORIA AVILA. Plaintiff, BRENTON
WAKEFIELD, has fully complied with all terms of the policy as a condition precedent to
bringing this suit. Nevertheless, Defendant, ACE AMERICAN INSURANCE COMPANY, has
failed and refused, and still fails and refuses, to pay Plaintiff, BRENTON WAKEFIELD, any
benefits under this policy as it is contractually required to do.

VII.
In the accident made the basis of this suit the Plaintiff BRENTON WAKEFIELD suffered
injuries to his back, neck and body generally. Plaintiff further suffered injury to his nervous
system. Said Plaintiffs injuries and the effects thereof have caused him to suffer physical pain and
mental anguish and in all reasonable probability will continue to suffer from such physical pain
and mental anguish for a long time in the future. Plaintiff also suffered loss of wages and wage
earning capacity, both past and future. At the time of the accident made the basis of this suit, said
Plaintiff was a healthy male, of the age of 49 years, and under the United States Life Table for
2006, had a life expectancy of 29.6 years, and work life expectancy of 13.4 years. That such
physical activities as said Plaintiff has been able to participate in, and will be able to participate in
in the future, have been and will be participated in with great discomfort and inconvenience as the
result of the injuries received by said Plaintiff in the accident made the basis of this suit. Plaintiff
has further suffered bodily impairment and disfigurement, both past and future, and such
conditions are permanent. That as a result of the injuries received in said accident, said Plaintiff
has been required to incur medical and hospital expenses in the past and will, in all reasonable
probability, be required to incur medical and hospital expenses in the future and that such medical
and hospital expenses as have been, and will be incurred, were and will be reasonable and
necessary for the treatment of the injuries received by said Plaintiff and the charges made for such
services were and will be the usual and customary charges for the services in the vicinity where the
services were and will be performed and furnished. That by reason of all the above and foregoing
matters, said Plaintiff has been damaged in an amount of which is in excess of the minimum
jurisdictional amount of this Court for which amount the Plaintiff now sues and prays the judgment
of this Court.

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited to
appear and answer herein, and that upon final hearing Plaintiff have judgment against the
Defendants for damages with pre-judgment and post-judgment interest thereon, for costs of suit,
attorney’s fees, and for such other and further relief, both general and special, at law or in equity, to
which Plaintiff may show himself justly entitled.
 

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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