Please use the following facts and the Sample Petitionto help me make a Texas (state court) petition. Assume you work for attorney Steve Martin, TX Bar No. 777777, Martin Law, LLP, 111 Hollywood Drive, Dallas, TX 75201; telephone number 214-222-2222; fax number 214-333- 3333

George and Nina Banks planned a beautiful wedding for their daughter, Annie, who married Bryan MacKenzie in Dallas on February 14, 2021. In planning the wedding, they hired a wedding coordinator named Franck Eggelhoffer. There was a written contract between the Banks and Franck. On the day of the wedding, an unusual ice storm came to the Dallas area. The tents that Franck set up in the backyard of the Banks' home froze and eventually fell over on top of the guests at the party. In addition, the cake that Franck ordered was mistakenly made with strawberries, and fiance Bryan MacKenzie is extremely allergic to strawberries. He had to be rushed from the wedding reception to the hospital, where he recovered, but Annie and Bryan missed their flight to Cancun the next day and had to cancel their honeymoon. George and Nina want to sue Franck for breach of contract.

According to the Banks, their contract with Franck required different tents for the yard and a different cake. Remember, a breach of contract action consists of the following elements: 1) a valid contract between a plaintiff and defendant; 2) the plaintiff performed under the contract; 3) defendant breached the contract; and 4) damages. George and Nina assert the following damages: 1) hospital bills/ medical bills they paid for the care of Bryan at a cost of $7,500; 2) ruined wedding reception costs of $50,000; and 3) lost honeymoon costs of $5,000.

Additional Information and Tips:

• The sample petition is a negligence case but we do not have a negligence case - ours is Breach of Contract. Therefore, you will need to tailor this section to our case. Do NOT submit the petition with a negligence cause of action.
• The case is being brought in Dallas County.
• In an original petition, we leave a blank line for the cause number and court number.
• Your attorney, Steve Martin, has asked you to file suit under Discovery Control Plan 2
• George and Nina live at: 12345 Main Street, Dallas, TX 75201
• George's drivers license number is: 98765432; Nina's drivers license number is: 87654321

here's a sample petition:

NO. ________________

JOHN SMITH		IN THE DISTRICT COURT
Plaintiff,
V.		______________ JUDICIAL DISTRICT
PAUL JONES
Defendant		OF DALLAS COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES John Smith, hereinafter called Plaintiff, complaining of and about Paul Jones, hereinafter called Defendant, and for cause of action shows unto the Court the following:

DISCOVERY CONTROL PLAN LEVEL

1. Plaintiff intends that discovery be conducted under Discovery Level 2.

PARTIES AND SERVICE

2. Plaintiff, John Smith, is an Individual whose address is 1234 Main Street Dallas, Texas75220.

3. The last three numbers of John Smith's driver's license number are 123. John Smith has not been issued a social security number.

4. Defendant Paul Jones, an Individual who is a resident of Texas, may be served with process at his home at the following address: 5678 Elm Street Dallas, Texas 75220.Service of said Defendant as described above can be effected by personal delivery.

JURISDICTION AND VENUE

5. The subject matter in controversy is within the jurisdictional limits of this court.

6. Plaintiff seeks:

a. monetary relief over $100,000 but not more than $200,000.

7. This court has jurisdiction over the parties because Defendant is a Texas resident.

8. Venue in Dallas County is proper in this cause under Section 15.002(a)(2) of the Texas Civil Practice and Remedies Code because this county was the county of residence of Paul Jones, Defendant herein, at the time the cause of action accrued.

FACTS

9. On January 1, 2020 John Smith was driving on Market Street in Dallas, Texas when Defendant Paul Jones ran a red light and caused an accident. Defendant was intoxicated at the time of the accident and was taken to jail by the police

10. Plaintiff was taken to the hospital where he remained for the next three days in intensive care. He sustained a wrist fracture, concussion, and bleeding and swelling of the brain.

JOHN SMITH'S CLAIM FOR NEGLIGENCE

11. Defendant had a duty to drive safely and breached this duty by driving while intoxicated. This breach caused Plaintiff damages which he seeks relief for at t this time.

DAMAGES FOR PLAINTIFF, JOHN SMITH

14. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff, John Smith, was caused to suffer physical harm and to incur the following damages:

A. Reasonable medical care and expenses in the past in the amount of $75,000. These expenses were incurred by Plaintiff, John Smith, for the necessary care and treatment of the injuries resulting from the accident complained of herein and such charges are reasonable and were usual and customary charges for such services in Dallas County, Texas;

B. Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future amounting to at least $100,000; and

C. Loss of earnings in the past in the amount of $15,000.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff, John Smith, respectfully prays that the Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendant for damages in an 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 the legal rate, costs of court; and such other and further relief to which the Plaintiff may be entitled at law or in equity.

PLAINTIFF HEREBY DEMANDS TRIAL BY JURY