FILED

MCLENNAN COUNTY
10/4/2019 4:16 PM
JON R. GIMBLE
DISTRICT CLERK
CAUSE NO.2019-3678-4
____________ Tiffany Crim

LAURA SUE GRANBY, § IN THE DISTRICT COURT

INDIVIDUALLY AND AS §
INDEPENDENT ADMINISTRATRIX §
OF THE ESTATE OF RAUL A. §
GRANBY, ROSS GRANBY, §
INDIVIDUALLY AND RON §
GRANBY, INDIVIDUALLY §
Plaintiffs §
§
vs. § 170TH
_____ JUDICIAL DISTRICT
§
EDWARD THOMAS MUSGROVE, §
N-LINE TRAFFIC MAINTENANCE, §
L.P., 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 § MCLENNAN COUNTY, TEXAS

PLAINTIFFS’ ORIGINAL PETITION AND REQUESTS FOR DISCLOSURE

TO THE HONORABLE JUDGE OF SAID COURT:

COME NOW, Laura Sue Granby (“Sue”), Individually, and as Independent

Administratrix of the Estate of Raul A. Granby (“Raul”), Deceased, Ross Granby,

Individually and Ron Granby, Individually, Plaintiffs herein, and file this their Original

Petition complaining of Edward Thomas Musgrove, N-Line Traffic Maintenance, L.P.,

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

resides in Wilson County, Texas.

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

Administratrix on behalf of her deceased husband’s estate.

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

of Bexar County, Texas.

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

of Bexar County, Texas.

2.5 Defendant Edward Thomas Musgrove (“Musgrove”) is a resident of

McLennan County, Texas, and may be served at his residence, 3401 Ethel Avenue, Waco,

Texas 76707, or wherever he may be found. No citation is requested at this time.

2.6 Defendant N-Line Traffic Maintenance, L.P., (“N-Line”) is a Texas limited

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,

Dallas, Texas 75201-3136. No citation is requested at this time.

2.8 Defendant Bridgestone Americas Tire Operations, 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 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,

Houston, Texas 77056. Citation is requested.

2.9 Defendant Bridgestone Americas Tire Operations, LLC d/b/a Bridgestone

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

will be referred to collectively herein as “Bridgestone.”

III. JURISDICTION AND VENUE

3.1 This court has jurisdiction over this action, because the amount in controversy

exceeds the minimum jurisdictional limits of the Court.

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

accident occurred and the causes of action accrued.

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

defendant Edward Thomas Musgrove. The incident occurred at approximately 11:30 AM

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

guardrail that extends through the toll camera station.

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-

Steel Mix, size 385/65R 22.5 (the “Tire”).

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Plaintiffs’ Original Petition Page 4
 4.3 Immediately after the Tire failed, the Truck sharply veered into the left lane

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.

V. NEGLIGENCE OF DEFENDANT EDWARD THOMAS MUSGROVE

5.1 Defendant Edward Thomas Musgrove committed acts of omission and

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.

VI. CAUSES OF ACTION AGAINST N-LINE

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,

including the Tire.

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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

of the occurrence in question:

1. failing to properly train Edward Thomas Musgrove;

2. failing to properly supervise Edward Thomas Musgrove;

3. failing to properly implement appropriate policies and procedures;

4. negligently entrusting the Truck to Edward Thomas Musgrove;

5. failing to provide proper and/or adequate training in how to safely

inspect, maintain, and operate the Truck;

6. failing to ensure the safety of others through proper training; and

7. negligently exercising control over Edward Thomas Musgrove.

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.

VIII. NEGLIGENCE OF BRIDGESTONE

8.1 Defendant, Bridgestone, was negligent in designing, manufacturing and

marketing the Tire and thereby proximately caused Raul’s death, Sue’s life threatening

injuries, and the damages the Plaintiffs suffered.

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Plaintiffs’ Original Petition Page 6
 IX. PRODUCT LIABILITY-DESIGN AND/OR MANUFACTURING DEFECT

9.1 Defendant Bridgestone designed, manufactured, and marketed the Tire

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.

9.2 The Tire was originally designed and manufactured by Bridgestone.

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

designing, manufacturing, distributing and marketing tires to the general public

throughout the United States, as well as within the State of Texas, through duly

appointed retailers and distributors.

9.4 Bridgestone designed the Tire. The Tire, as sold, designed, manufactured,

fabricated, distributed, recommended, tested, advertised, packaged, created, processed,

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

injuries and damages to the Plaintiffs.

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.

X. BREACH OF WARRANTY - BRIDGESTONE

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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Plaintiffs’ Original Petition Page 7
was fit for the purposes for which it was intended. Plaintiffs made use of the product as

alleged herein and relied on the express and implied warranties.

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

injuries to the Plaintiffs. Finally, Defendants’ conduct was done knowingly.

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

under all the circumstances. This amount is in excess of $20,000,000.00.

A. RAUL A. GRANBY’S SURVIVAL DAMAGES

11.2 As a result of the incident in question, Raul sustained excruciating pain,

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

minimal jurisdictional limits of this Court.

B. SUE’S WRONGFUL DEATH DAMAGES

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,

he would have continued to do so for the remainder of his natural life.

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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.

C. SUE’S INDIVIDUAL DAMAGES

PERSONAL INJURY DAMAGES

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

exceeds the minimum jurisdictional limits of this court.

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

damages greatly exceed the minimum jurisdictional limits of this court.

D. ROSS AND RON GRANBY’S WRONGFUL DEATH DAMAGES

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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Plaintiffs’ Original Petition Page 9
 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

in excess of the minimal jurisdictional limits of this Court.

XII. PRE-JUDGMENT AND POST-JUDGMENT INTEREST

12.1 Plaintiffs seek pre-judgment and post-judgment interest allowed by law.

XIII. JURY DEMAND

13.1 Plaintiffs request a trial by jury for all issues of fact. A jury fee has been

timely and properly paid.

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

the jurisdictional limits of this Court, and in excess of $20,000,000.00.

XV. REQUEST FOR DISCLOSURE

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

information or material described in Rule 194.2 (a)-(l).

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray Defendants take notice

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

proper, together with costs of Court, pre-judgment and post-judgment interest as

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Plaintiffs’ Original Petition Page 10
heretofore provided by law, and for such other and further relief to which Plaintiffs may

show themselves to be justly entitled.

Respectfully submitted,

/s/ Jeffrey G. Wigington

By: ___________________________________
Jeffrey G. Wigington
Texas State Bar No. 00785246
[email protected]
Trace R. Blair
Texas State Bar No. 24003443
[email protected]

WIGINGTON RUMLEY DUNN

& BLAIR, L.L.P.
123 N. Carrizo Street
Corpus Christi, Texas 78401
Telephone: (361) 885-7500
Facsimile: (361) 885-0487

ATTORNEYS FOR PLAINTIFFS

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Plaintiffs’ Original Petition Page 11