DAMAGES

29. As a direct and proximate result of the Defendants’ negligence, directly and through its actual and apparent agents, servants and employees, Plaintiffs have suffered serious, severe, and permanent damage. ___________ has experienced physical pain, mental anguish, physical impairment, physical disfigurement and will, in reasonable probability, suffer from the same in the future.

30. Additionally, ___________ has also suffered a future loss of wage earning capacity and will, in reasonable probability, require future medical, nursing, custodial, physical therapy, educational care, specialized medical devices, pharmaceutical and other therapeutic needs after the age of 18 for the rest of her life, and will incur the expenses for the same.

31. Plaintiffs ___________ and ___________ have incurred medical expenses in the past and in reasonable probability will incur expenses pertaining to medical, nursing, custodial, physical therapy, educational care, specialized medical devices, pharmaceutical and other therapeutic needs on behalf of their son, ___________, due to his injuries, until he reaches age 18.

32. Further, Plaintiffs ___________ and ___________ have suffered mental anguish, as well as a loss of consortium because of the severe and disabling injuries to their son ___________.

33. Plaintiffs hereby sue to recover for all of these injuries and damages as set out above. Plaintiffs have been damaged in a sum that is within the jurisdictional limits of the Court. Plaintiffs seek to recover prejudgment interest, as provided by law, and post judgment interest, as provided by law, from the date of judgment until paid.

34. Plaintiffs further state that in accordance with Tex. Civ. Prac. & Rem. Code §74.051, as amended, Plaintiffs have given notice to the Defendants of the claims against them for the various facts and circumstances that make the basis of this lawsuit via letters delivered to the Defendants by certified mail, for which return receipts have been received. Plaintiffs have complied with all prerequisites to successfully pursue a course of action under the common law of the State of Texas, and Tex. Civ. Prac. & Rem. Code, Ch. 74.

35. Plaintiffs, individually, by and through their attorneys of record, respectfully reserve the right to amend this Amended Petition to allege with specificity any further actions and/or omissions as discovery may develop, and to allege specific damages in excess of the Court’s minimum jurisdictional limits.

WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Defendants be cited to appear and answer and that, upon trial of the case, Plaintiffs have judgment against the Defendants jointly and severally, as follows:

a) For actual damages as specifically set out in this pleading.

b) For pre-judgment and post-judgment interest at maximum amounts and for the longest time permitted by law.

c) For cost of suit.

d) For such other and further relief to which the Plaintiffs may be justly entitled.

Respectfully submitted:

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