Beruflich Dokumente
Kultur Dokumente
MCLENNAN COUNTY
10/4/2019 4:16 PM
JON R. GIMBLE
DISTRICT CLERK
CAUSE NO.2019-3678-4
____________ Tiffany Crim
Individually and Ron Granby, Individually, Plaintiffs herein, and file this their Original
AWP, Inc. d/b/a Area Wide Protective, Bridgestone Americas Tire Operations, LLC,
Bridgestone Americas Tire Operations, LLC d/b/a Bridgestone Firestone North American
Tire, LLC, Defendants, and for cause of action would respectfully show the Court the
following:
I. DISCOVERY PLAN
1.1 Plaintiffs plead this case should be assigned to Discovery Track Three.
II. PARTIES
2.1 Plaintiff, Laura Sue Granby brings suit in her Individual capacity. Sue
2.2 Sue has been appointed as the Independent Administratrix of the estate of
her deceased husband, Raul, and brings suit in her capacity as Independent
2.3 Plaintiff Ross Granby is the son of Decedent Raul A. Granby, and a statutory
wrongful death beneficiary under Texas’ Wrongful Death statute. Ross Granby is a resident
2.4 Plaintiff Ron Granby is the son of Decedent Raul A. Granby, and a statutory
wrongful death beneficiary under Texas’ Wrongful Death statute. Ron Granby is a resident
McLennan County, Texas, and may be served at his residence, 3401 Ethel Avenue, Waco,
partnership, formed under the laws of the state of Texas, doing business in the state of Texas
and caused an event to occur in Texas out of which this Petition arises. Service of process
can be made by serving defendant’s registered agent for service in Texas, Patricia
England, at 1723 Gooseneck Drive, Bryan Texas 77803. No citation is requested at this
time.
2.7 Defendant AWP, Inc. d/b/a Area Wide Protective (“AWP”), is a foreign
corporation, doing business in the state of Texas and caused an event to occur in Texas out
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Plaintiffs’ Original Petition Page 2
of which this Petition arises. Service of process can be made by serving defendant’s
registered agent for service in Texas, CT Corporation System, at 1999 Bryan St., Suite 900,
Limited Liability Company, formed under the laws of the state of Delaware, with its
headquarters in Nashville, Tennessee, and doing business in the state of Texas, including,
but not limited to, McLennan County. Bridgestone Americas Tire Operations, LLC has
engaged in acts which constitute doing business in the state of Texas as provided by §17.042
of the Texas Civil Practices and Remedies Code. Specifically, Bridgestone Americas Tire
Operations, LLC manufactures and distributes heavy truck tires, which are sold in the
state of Texas. Bridgestone Americas Tire Operations, LLC may be served with process
by serving its agent for service, United Agent Group, Inc., 5444 Westheimer #1000,
Firestone North American Tire, LLC, is a Delaware Limited Liability Company, formed
under the laws of the state of Delaware, with its headquarters in Nashville, Tennessee, and
doing business in the state of Texas, including, but not limited to, McLennan County.
Bridgestone Americas Tire Operations, LLC d/b/a Bridgestone Firestone North American
Tire, LLC has engaged in acts which constitute doing business in the state of Texas as
provided by §17.042 of the Texas Civil Practices and Remedies Code. Specifically,
Bridgestone Americas Tire Operations, LLC d/b/a Bridgestone Firestone North American
Tire, LLC manufactures and distributes heavy truck tires, which are sold in the state of
Texas. Bridgestone Americas Tire Operations, LLC d/b/a Bridgestone Firestone North
American Tire, LLC may be served with process by serving its agent for service, United
Agent Group, Inc., 5444 Westheimer #1000, Houston, Texas 77056. Citation is requested.
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Plaintiffs’ Original Petition Page 3
2.10 Defendant Bridgestone Americas Tire Operations, LLC, and Bridgestone
Americas Tire Operations, LLC d/b/a Bridgestone Firestone North American Tire, LLC
3.1 This court has jurisdiction over this action, because the amount in controversy
3.2 Venue is proper in McLennan County pursuant to Tex. Civ. Prac. & Rem.
Code § 15.002(a)(2) as it is the county of defendant Musgrove’s residence on the day the
IV. FACTS
4.1 Raul A. Granby spent his entire career serving the public as a police officer
and was a proud member of the Blue Knights International Law Enforcement Motorcycle
Club. On the morning of May 9, 2019, Raul and Sue met four other club members in San
Antonio in preparation for a trip to Tyler, Texas. They left San Antonio travelling east on
Interstate 10 and then turned north on Toll Highway 130. Raul and Sue were travelling in
the middle of the group as they began to pass a 2012 Peterbilt 18 wheeled tractor trailer
combination (the “Truck”) owned by N-Line Traffic Maintenance, LP and being driven by
approaching the toll road camera station that is 0.4 miles north of mile marker 465. The
Truck was in the right lane and the motorcycles were in the left lane which is flanked by a
4.2 When the motorcycle riders were adjacent to the Truck, the Truck’s front left
steer tire suffered a sudden detread and deflation, sending what the surviving motorcycle
riders referred to as shrapnel toward the Blue Knights. The tire is a Bridgestone M854 V-
and slammed into the guardrail on the left side of the left lane. The two motorcycle riders
in the front of the group were able to narrowly escape by accelerating ahead of the Truck
before it hit the guardrail. The two motorcycle riders in the back of the group were able to
slow and avoid the trailer being pulled by the Truck as it slammed into the guardrail. Raul
and Sue were in the middle of the pack and approximately half way between the front of
the Truck cab and the end of the trailer it was pulling. Raul tried to escape by moving away
from the truck to the left, but the guardrail hemmed the Granbys in. The Truck and trailer
slammed into the guardrail crushing the Granby motorcycle and launching Raul and Sue
from it. Raul was properly helmeted, but was decapitated. Sue was also helmeted and
somehow survived with catastrophic injuries--her right leg did not survive.
commission, which collectively and severally, constituted negligence, which negligence was
a proximate cause of the collision made the basis of this suit, and of the resulting injuries
suffered by Sue, the death of Raul, and the Plaintiffs’ collective damages. Specifically,
Musgrove failed to control the Truck following the Tire failure and keep it from crushing
Raul and Sue between the Truck trailer and the guardrail.
6.1 At the time of the accident, N-Line was the owner of the Truck being driven
by Edward Thomas Musgrove. N-Line failed to properly select the front steer tires on
Truck. N-Line further failed to inspect and maintain the Truck and all of its equipment,
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Plaintiffs’ Original Petition Page 5
VII. CAUSES OF ACTION AGAINST AWP
7.1 At the time the incident occurred, Musgrove was acting in the course and
scope of his employment with AWP. Therefore, AWP is vicariously responsible for the
negligence and negligence per se of Edward Thomas Musgrove based on the theory of
Respondeat Superior.
7.2 Plaintiff further asserts and alleges AWP was itself 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
7.3 Each and all of the above-mentioned acts or omission and/or commission
constituted negligence, negligent entrustment, and negligence per se and were a proximate
cause of damages to Plaintiffs and for which Plaintiff hereby seeks recovery.
marketing the Tire and thereby proximately caused Raul’s death, Sue’s life threatening
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Plaintiffs’ Original Petition Page 6
IX. PRODUCT LIABILITY-DESIGN AND/OR MANUFACTURING DEFECT
which was defective pursuant to Restatement of Torts 2nd 402A and 402B as adopted
herein in the State of Texas and pursuant to the law of products liability in Texas, which
was a producing cause of the injuries and damages complained of in this Petition.
9.3 At the time the Tire was sold, Bridgestone was in the business of designing,
manufacturing and selling tires such as the Bridgestone Tire. At all times pertinent to the
occurrence made the basis of this lawsuit, Bridgestone engaged in the business of
throughout the United States, as well as within the State of Texas, through duly
9.4 Bridgestone designed the Tire. The Tire, as sold, designed, manufactured,
prepared, utilized, warranted, labelled, inspected, supplied and placed into the stream of
commerce, contained both design and manufacturing defects, and was prone to sudden
and unexpected failure including, but not limited to, traumatic tread separation, belt
separation, failure of adhesion and still other defects - even when used in a reasonably
foreseeable manner. The Tire did, in fact, traumatically fail. That failure resulted in the
9.5 At the time of the incident in question, the Tire was in substantially the
same condition as it was at the time it was placed into the stream of commerce.
10.1 Defendant, Bridgestone, by and through the sale of the Tire, expressly and
impliedly warranted to the public generally, and the Plaintiffs specifically, that the tire
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was fit for the purposes for which it was intended. Plaintiffs made use of the product as
10.2 Defendant Bridgestone breached its express and implied warranties, and
such breach was a producing cause of the occurrence in question. Further, Defendant’s
breach of warranties rendered the Tire unreasonably dangerous and this breach was a
proximate cause and producing cause of the incident, Raul’s death, and the resulting
XI. DAMAGES
11.1 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 an
amount the jury finds the evidence supports and which the jury finds to be appropriate
mental anguish, and terror associated with the knowledge of his impending death and the
devastation of leaving his wife without a spouse, and his children without a father. Raul’s
estate is entitled to recover for Raul’s mental anguish, physical pain, and necessary funeral
bills and expenses, for which recovery is sought herein in an amount far in excess of the
11.3 Raul was 79 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 Raul was a good, caring
spouse who gave comfort and companionship to his family. In all reasonable probability,
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Plaintiffs’ Original Petition Page 8
11.4 As a result of Raul’s death, his surviving spouse, Sue, has suffered damages
in the past and in the future, including pecuniary damages, mental anguish, loss of
companionship, loss of consortium, and loss of inheritance, for which damages are sought
under the Wrongful Death Act in an amount far in excess of the minimal jurisdictional limits
of this Court.
11.5 As a result of the incident in question, Sue suffered severe, permanent, and
disabling injuries. She has sustained past and future reasonable and necessary medical care
expenses for the care and treatment of her injuries, physical impairment, both past and
future, physical pain and mental anguish, both past and future, disfigurement, both past
and future, and loss of earning capacity, both past and future, the total of which greatly
BYSTANDER DAMAGES
11.6 In addition to the damages alleged and set forth herein, Sue seeks damages as
a bystander under Texas law for the mental anguish, emotional pain, suffering and torment,
both past and future, which she experienced as the result of contemporaneously seeing,
hearing and perceiving the injuries to and death of her husband, Raul. Sue’s bystander
11.7 Raul was 79 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 father who gave comfort and companionship to his family. In all reasonable
probability, he would have continued to do so for the remainder of his natural life.
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11.8 As a result of Raul’s death, his surviving children, Ross Granby and Ron
Granby, have suffered damages in the past and in the future, including pecuniary damages,
mental anguish, loss of companionship and society, loss of familial consortium, and loss of
inheritance, for which damages are sought under the Wrongful Death Act in an amount far
13.1 Plaintiffs request a trial by jury for all issues of fact. A jury fee has been
XIV.
14.1 Because of all of the above and foregoing, Plaintiffs have been damaged,
and will be damaged, in a sum deemed just and fair by the jury, such sum being within
15.1 Pursuant to the provisions of Rule 194, Texas Rules of Civil Procedure,
Defendants are requested to disclose, within fifty (50) days of service of this request, the
PRAYER
of the filing of this Action, that this cause be set down for trial before a jury, and that upon
final hearing of this cause, that Plaintiffs have judgment of and from Defendants for the
damages in such amount as the evidence may show, and the jury may determine, to be
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heretofore provided by law, and for such other and further relief to which Plaintiffs may
Respectfully submitted,
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Plaintiffs’ Original Petition Page 11