On August 11, 2021 a
Answer
was filed
involving a dispute between
Scott, John Patrick, Jr,
Scott, John Patrick, Jr.,
Scott, Kathryn Irish,
and
Watson, Henry Weatherby,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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FILED
9/10/2021 2:53 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Marissa Gomez DEPUTY
CAUSE NO. DC-21-10651
JOHN PATRICK SCOTT, IN THE DISTRICT COURT
§§§§§§§§§
KATHRYN IRISH SCOTT, and
JOHN PATRICK SCOTT, JR.
Plaintiffi
192M) JUDICIAL DISTRICT
VS.
HENRY WEATHERBY WATSON
Defendants DALLAS COUNTY, TEXAS
DEFENDANT’S ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW HENRY WEATHERBY WATSON, Defendant in the above-styled and
numbered cause (hereinafter referred to as “Defendant), and files this Original Answer to
Plaintiffs’ Original Petition as follows:
I.
GENERAL DENIAL
Defendant generally denies each and every allegation contained within Plaintiffs’ Original
Petition, says that the same are not true in whole or in part, and demands strict proof thereof by a
preponderance of the evidence.
II.
AFFIRMATIVE DEFENSES
Pleading in the affirmative, Defendant asserts his entitlement to all lawful offsets, credits,
and reductions available to them under current Texas law; and Defendant asserts that the Plaintiffs’
medical damages, if any, should be subject to the provisions of Section 41.0105 et seq. of the Texas
Civil Practice & Remedies Code.
Pleading further in the affirmative, Defendant asserts that Plaintiffs have failed to properly
mitigate Plaintiffs’ damages.
DEFENDANT’S ORIGINAL ANSWER — Page 1
Pleading fulthering in the affilmative, Defendant asserts that to the extent that the Plaintiffs
may seek recovery of lost earnings or a loss of earning capacity, the provisions of Texas Civil
Practice & Remedies Code Section 18.091 requires Plaintiffs to prove the loss, if any, in the form
of a net loss after reduction of income tax payments or unpaid tax liability pursuant to any Federal
Income Tax law and that the Court should instruct the jury as to Whether the recovery, if any, for
compensatory damages sought by the Plaintiffs are subject to federal income taxes.
Pleading further in the affirmative, if same should be necessary, Defendant denies that
Plaintiffs are entitled to recover punitive or exemplary damages for the reason that those damages
are impermissible and in violation of the Fifth, Eighth, and Fourteenth Amendments to the United
States Constitution and Article I, Sections 3 and l9, of the Texas Constitution, and that in this case
an award of those damages would be arbitrary and unreasonable and would Violate Defendant’s
right to due process of law since the awarding of such damages would be based solely on the
speculation of the jury and therefore unconstitutional.
Defendant specifically pleads that Plaintiffs are not entitled to recover exemplary damages
absent a showing of fraud or malice or a willful act or omission of gross neglect on the part of
Defendant pursuant to Texas Civil Practice & Remedies Code Chapter 41. In addition, Defendant
invokes all statutory caps on exemplary damages and all other procedural protections afforded to
them by Chapter 41 of the Texas Civil Practice & Remedies Code.
WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests that
Plaintiffs take nothing through Plaintiffs’ actions against Defendant; that Plaintiffs’ claims against
Defendant be dismissed in their entirety, with prejudice to their re-filing; and Defendant requests
all such other and further relief, both general and special, at law and in equity, to which Defendant
may be lawfully entitled.
DEFENDANT’S ORIGINAL ANSWER — Page 2
Respectfully Submitted,
WESTMORELAND LAW FIRM, LLC
By: /s/ Brad K. Westmoreland
Brad K. Westmoreland
State Bar No. 24013734
606 N. Oak Branch Rd.
Waxahachie, Texas 75167
(972) 937-7273 — office
(972) 937-7299 i fax
brad@westmorelandlawfi1m.com
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
The undersigned counsel for Defendant hereby certifies that on this 10th day of September,
2021, a true and correct copy of the foregoing pleading was sent to Plaintiffs’ counsel of record
Via e-service pursuant to the Texas Rules of Civil Procedure.
/s/ Brad K. Westmoreland
Brad K. Westmoreland
DEFENDANT’S ORIGINAL ANSWER — Page 3
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Brad Westmoreland
Bar No. 24013734
brad@westmorelandlawfirm.com
Envelope ID: 57144611
Status as of 9/13/2021 9:57 AM CST
Associated Case Party: JOHNPATRICKSCOTT
Name BarNumber Email TimestampSubmitted Status
Judy Garner jgarner@martinbaughman.com 9/10/2021 2:53:08 PM SENT
Ben Martin bmartin@martinbaughman.com 9/10/2021 2:53:08 PM SENT
Farshad Marzban fmarzban@martinbaughman.com 9/10/2021 2:53:08 PM SENT
Associated Case Party: HENRYWEATHERBYWATSON
Name BarNumber Email TimestampSubmitted Status
June Williamson jbwlegal23@gmail.com 9/10/2021 2:53:08 PM SENT
Brad Westmoreland brad@westmorelandlawfirm.com 9/10/2021 2:53:08 PM SENT
Document Filed Date
September 10, 2021
Case Filing Date
August 11, 2021
Category
MOTOR VEHICLE ACCIDENT
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FILED 9/10/2021 2:53 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Marissa Gomez DEPUTY CAUSE NO. DC-21-10651 JOHN PATRICK SCOTT, IN THE DISTRICT COURT §§§§§§§§§ KATHRYN IRISH SCOTT, and JOHN PATRICK SCOTT, JR. Plaintiffi 192M) JUDICIAL DISTRICT VS. HENRY WEATHERBY WATSON Defendants DALLAS COUNTY, TEXAS DEFENDANT’S ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW HENRY WEATHERBY WATSON, Defendant in the above-styled and numbered cause (hereinafter referred to as “Defendant), and files this Original Answer to Plaintiffs’ Original Petition as follows: I. GENERAL DENIAL Defendant generally denies each and every allegation contained within Plaintiffs’ Original Petition, says that the same are not true in whole or in part, and demands strict proof thereof by a preponderance of the evidence. II. AFFIRMATIVE DEFENSES Pleading in the affirmative, Defendant asserts his entitlement to all lawful offsets, credits, and reductions available to them under current Texas law; and Defendant asserts that the Plaintiffs’ medical damages, if any, should be subject to the provisions of Section 41.0105 et seq. of the Texas Civil Practice & Remedies Code. Pleading further in the affirmative, Defendant asserts that Plaintiffs have failed to properly mitigate Plaintiffs’ damages. DEFENDANT’S ORIGINAL ANSWER — Page 1 Pleading fulthering in the affilmative, Defendant asserts that to the extent that the Plaintiffs may seek recovery of lost earnings or a loss of earning capacity, the provisions of Texas Civil Practice & Remedies Code Section 18.091 requires Plaintiffs to prove the loss, if any, in the form of a net loss after reduction of income tax payments or unpaid tax liability pursuant to any Federal Income Tax law and that the Court should instruct the jury as to Whether the recovery, if any, for compensatory damages sought by the Plaintiffs are subject to federal income taxes. Pleading further in the affirmative, if same should be necessary, Defendant denies that Plaintiffs are entitled to recover punitive or exemplary damages for the reason that those damages are impermissible and in violation of the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution and Article I, Sections 3 and l9, of the Texas Constitution, and that in this case an award of those damages would be arbitrary and unreasonable and would Violate Defendant’s right to due process of law since the awarding of such damages would be based solely on the speculation of the jury and therefore unconstitutional. Defendant specifically pleads that Plaintiffs are not entitled to recover exemplary damages absent a showing of fraud or malice or a willful act or omission of gross neglect on the part of Defendant pursuant to Texas Civil Practice & Remedies Code Chapter 41. In addition, Defendant invokes all statutory caps on exemplary damages and all other procedural protections afforded to them by Chapter 41 of the Texas Civil Practice & Remedies Code. WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests that Plaintiffs take nothing through Plaintiffs’ actions against Defendant; that Plaintiffs’ claims against Defendant be dismissed in their entirety, with prejudice to their re-filing; and Defendant requests all such other and further relief, both general and special, at law and in equity, to which Defendant may be lawfully entitled. DEFENDANT’S ORIGINAL ANSWER — Page 2 Respectfully Submitted, WESTMORELAND LAW FIRM, LLC By: /s/ Brad K. Westmoreland Brad K. Westmoreland State Bar No. 24013734 606 N. Oak Branch Rd. Waxahachie, Texas 75167 (972) 937-7273 — office (972) 937-7299 i fax brad@westmorelandlawfi1m.com ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE The undersigned counsel for Defendant hereby certifies that on this 10th day of September, 2021, a true and correct copy of the foregoing pleading was sent to Plaintiffs’ counsel of record Via e-service pursuant to the Texas Rules of Civil Procedure. /s/ Brad K. Westmoreland Brad K. Westmoreland DEFENDANT’S ORIGINAL ANSWER — Page 3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Brad Westmoreland Bar No. 24013734 brad@westmorelandlawfirm.com Envelope ID: 57144611 Status as of 9/13/2021 9:57 AM CST Associated Case Party: JOHNPATRICKSCOTT Name BarNumber Email TimestampSubmitted Status Judy Garner jgarner@martinbaughman.com 9/10/2021 2:53:08 PM SENT Ben Martin bmartin@martinbaughman.com 9/10/2021 2:53:08 PM SENT Farshad Marzban fmarzban@martinbaughman.com 9/10/2021 2:53:08 PM SENT Associated Case Party: HENRYWEATHERBYWATSON Name BarNumber Email TimestampSubmitted Status June Williamson jbwlegal23@gmail.com 9/10/2021 2:53:08 PM SENT Brad Westmoreland brad@westmorelandlawfirm.com 9/10/2021 2:53:08 PM SENT