NO. 20-04202-CV TARA KNOWLES TELLER, individually § IN THE 42nd DISTRICT COURT and as Administrator of the Estate of JAX § TELLER, and as Next Friend for ABEL § TELLER § Plaintiff, § IN AND FOR LUBBOCK COUNTY § v. § SONS OF ANARCHY TRUCKING § EMPIRE, INC., § Defendant. § STATE OF LONE STAR Prepared by: Jacy Pawelek & Patricia Cabrera Texas Tech University School of Law ‘21 3311 18th Street Lubbock, Texas 79409 Copyright 2021 All Rights Reserved This case file was commissioned by the Texas Tech Board of Barristers and was prepared by Jacy Pawelek and Patricia Cabrera for the Spring 2021 1L Mock Trial Competition STATEMENT OF THE CASE Tara Knowles Teller, individually and as Administrator of the Estate of Jax Teller, and as Next Friend for Abel Teller, (“Knowles-Teller”) filed a Complaint against Sons of Anarchy Trucking Empire, Inc. (“SOA”), a corporation incorporated in and with its principal place of business in the State of Lone Star. The Complaint alleged that Jax Teller (“Teller”) was driving in Charming, Lubbock County, State of Lone Star on April 4, 2020, when his motorcycle was struck by a semi-truck owned by SOA and driven by a SOA employee. Teller died in the accident. Knowles- Teller alleged that she was Teller’s wife, and that her son, Abel Teller., born January 8, 2021, is Teller’s son. Knowles-Teller Complaint alleged that SOA employees were negligent in driving the semi-truck in reverse on an access road to a freeway at a high rate of speed and without maintaining proper lookout. The Complaint also alleges that SOA was negligent in entrusting its vehicle to an employee who was not competent to drive the semi-truck. Knowles-Teller alleged that she has been damaged as a result of SOA’s conduct, including medial and funeral expenses, lost support and serves, and mental anguish. SOA filed an Answer denying the allegations of the Complaint and raising the affirmative defenses of Teller’s comparative negligence. 1L Mock Trial 20201 – Page 2 f NO. 20-04202-CV TARA KNOWLES TELLER, individually § IN THE 42nd DISTRICT COURT and as Administrator of the Estate of JAX § TELLER, and as Next Friend for ABEL § TELLER § Plaintiff, § IN AND FOR LUBBOCK COUNTY § v. § SONS OF ANARCHY TRUCKING § § EMPIRE, INC., Defendant. § STATE OF LONE STAR PLAINTIFF’S ORIGINAL COMPLAINT TO THE HONORABLE COURT: COMES NOW, Plaintiff TARA KNOWLES TELLER individually and as Administrate of the Estate of Jax Teller, and as Next Friend for Abel Teller and files this Original Complaint against Defendant SONS OF ANARCHY TRUCKING EMPIRE, INC., and for cause of action against said Defendant shows the Court as follows: I. PARTIES, JURISDICTION AND VENUE 1. This is an action for damages within the jurisdictional limits of this Court. 2. Tara Knowles Teller has been a resident of Lubbock County, Lone Star since 1985. Plaintiff was the wife of Jax Teller, deceased, to whom she was married at the time of his death on April 4, 2020. Abel Teller has been a resident of Lubbock County since his birth on January 8, 2021. 3. Sons of Anarchy Trucking Empire, Inc. is a California corporation with its principal place of business in Lubbock County, Lone Star. Said Defendant may be served with citation in this matter by serving its president, Bobby Munson, at its corporate headquarters located at 7466 Tail Gunner, Charming, Lone Star. 4. Venue is proper in Lubbock County, Lone Star because the accident that is the subject of Plaintiff’s Original Complaint occurred in Lubbock County, Lone Star. Additionally, Defendant’s principal place of business is located in Lubbock County, Lone Star. Finally, Plaintiff resides and practices law in Lubbock County, Lone Star. II. 1L Mock Trial 20201 – Page 3 f FACTUAL BACKGROUND 5. On April 4, 2020, Jax Teller’s motorcycle was struck by a semi-truck used by trucking companies to transport delivery items. The semi-truck in question was owned by Defendant and operated by Defendant’s employees. 6. Defendant’s employees were operating the semi-truck while in the course and scope of employment with the Defendant. 7. Jax Teller died from the injuries received from the accident. 8. Tara Knowles Teller is the natural mother of Abel Teller, and Jax Teller was the natural father of Abel Teller. 9. Tara Knowles Teller has been duly appointed administrator of Jax Teller’s estate. III. COUNT I –NEGLIGENCE 10. Plaintiff incorporates by reference the allegations of paragraphs 1 through 9 as if fully restated herein. 11. On April 4, 2020, Mr. Teller left his home and was on his way to a local convenience store. Mr. Teller was traveling south on the access road of the State. Highway 13 freeway in front of Teller-Morrow. A semi-truck belonging to Defendant was backing on the access road to the freeway at a high rate of speed. At the time of the collision, Defendant’s employees were operating the truck in a negligent manner. Specifically, but not by way of limitation, the truck was facing south but Defendant’s employee was operating the truck in reverse at a high rate of speed. Defendant’s employees also failed to keep a proper lookout. In addition, Defendant’s employees failed to yield the right of way to the motorcycle being driven by Mr. Teller. 12. Mr. Teller was operating his motorcycle lawfully, properly, and timely applied his breaks. 13. Despite Mr. Teller’s efforts to avoid the collision, Mr. Teller’s motorcycle became firmly wedged under the rear end of the semi-truck. 1L Mock Trial 20201 – Page 4 f 14. As a consequence and proximate cause of the negligence acts of Defendant’s employees, Plaintiff in her individual and representative capacities has suffered damages including but not limited to: medical and funeral expenses, lost support and services, and mental anguish that will be suffered for a long time into the future if not for the balance of Plaintiff and Mr. Abel Teller’s natural life. 15. Because the driver of the Defendant’s vehicle was in the course and scope of his employment with Defendant, Defendant is liable to Plaintiff for damages suffered by Plaintiff resulting from the negligence of Defendant’s employees. IV. COUNT II – NEGLIGENT ENTRUSTMENT 16. Plaintiff incorporates by reference the allegations of paragraphs 1 through 15 as if fully restated herein. 17. Defendant is also liable for negligent entrustment. Defendant knew or should have known that Defendant’s employees were incompetent or reckless and should not have been entrusted with the responsibility of driving a motor vehicle and public roads. 18. Despite Defendant’s knowledge or imputed knowledge, Defendant entrusted its motor vehicle to Defendant’s employee 19. The acts and omissions of Defendant’s employees proximately caused the injuries and death to and of Jax Teller. Accordingly, Defendant is liable to Plaintiff for negligent entrustment V. DAMAGES 20. Plaintiff was married to Jax Teller at the time of his unnecessary death. As a result of his death, she has suffered mental anguish, loss of consortium, loss of care, comfort and support, and loss of his future earnings. VI. JURY DEMAND 21. Plaintiff hereby requests trial by jury. VII. 1L Mock Trial 20201 – Page 5 f PRAYER FOR RELIEF WHEREFORE, Plaintiff, individually and as the Administrator of the Estate of Jax Teller, and as Next Friend of Abel Teller., requests that the Defendant be cited to appear and answer herein, and that upon final hearing the Plaintiff have judgment for damages, pre-judgment and post-judgment interest as allowed by law, costs of suit and such other and further relief, at law or in equity, to which Plaintiff may be justly entitled. Respectfully submitted, LAW OFFICES OF Jacy Pawelek 150 E. Gwen Way P.O. Box 15008 Charming, Lone Star 76707 (512) 831-7364 (512) 832-2628 FAX By: Jacy pawelek Jacy Pawelek State Bar No. 1588324 Attorney for Tara Knowles Teller 1L Mock Trial 20201 – Page 6 NO. 20-04202-CV TARA KNOWLES TELLER, individually § IN THE 42nd DISTRICT COURT and as Administrator of the Estate of JAX § TELLER, and as Next Friend for ABEL § TELLER § Plaintiff, § IN AND FOR LUBBOCK COUNTY § v. § SONS OF ANARCHY TRUCKING § EMPIRE, INC., § Defendant. § STATE OF LONE STAR DEFENDANT’S ORIGINAL ANSWER TO THE HONORABLE COURT: COMES NOW Sons of Anarchy Trucking Empire, Inc., by and through its undersigned counsel and files its Defendant’s Original Answer, showing the Court as follows: I. ANSWER 1. Defendant admits the allegations in paragraph 1 for jurisdictional purposes only. 2. Defendant admits Jax Teller died on April 4, 2020. Defendant is without knowledge of the remaining allegations in paragraph 2 and therefore denies the same. 3. Defendant admits the allegations in paragraph 3. 4. Defendant admits that its principal place of business is located in Lubbock County, Lone Star and that the accident referenced in Plaintiff’s Complaint occurred in Lubbock County. Defendant has insufficient information to either admit or deny the remaining allegations in paragraph 4 of Plaintiff’s Complaint, and Defendant therefore denies the remaining allegations in paragraph 4. 5. Defendant admits that on April 4, 2020 a motorcycle driven by Mr. Teller struck a semi- truck owned by Defendant and operated by Defendant’s employees. Defendant denies the allegations in paragraph 5. 1L Mock Trial 2021 – Page 7 6. Defendant admits the allegations in paragraph 6. 7. Defendant admits the allegations in paragraph 7. 8. Defendant admits that Tara Knowles Teller is the natural mother of Abel Teller and denies the reaming allegations contained in paragraph 8. 9. Defendant admits the allegations in paragraph 9. 10. Defendant realleges its answers to paragraphs 1 through 9 as if fully set forth herein.