Answer: ALLSTATE INSURANCE COMPANY vs. ELISABETH GIRMA

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                - .ORIGINAL .
FILED ~

CAUSE NO. DC-10-16792

ALLSTATE INSURANCE COMPANY AS) §
SUBROGEE OF VERONA BISHOP §
§ BONN
VS. § 160™ JUDICIAL DISTRIGFyty
§
ELISABETH GIRMA § DALLAS COUNTY, TEXAS

DEFENDANT’S ORIGINAL ANSWER AND JURY DEMAND
TO THE HONORABLE JUDGE OF THE COURT:
Defendant ELISABETH GIRMA files this Original Answer:
1.

Defendant generally denies cach and every allegation asserted against Defendant as

authorized by Rule 92, Texas Rules of Civil Procedure.
Ml.

Further, or altematively, per TEX.R.CIv.PR.93(2); Defendant verifies that she is not liable in
the capacity in which she has been sued.

Il.

Further, or alternatively, per Texas Civil Practice and Remedies Code, §33.001, et seq.,
Defendant asks that the Court and Jury determine the proportionate responsibility of all persons
(whether partics herein, settling parties, or responsible third parties) causing or contributing to cause
in any way the occurrence for which recovery of damages is sought, including Plaintiff's
Driver/Responsible Third Party VERONA BISHOP.

Iv.
Further, or alternatively, when this case is submitted to the jury, Defendant asks the Court to

submit as instructions the following inferential rebuttal defenses raised by the evidence:a. The accident was unavoidable.

b. The accident resulted from a sudden emergency.

c. The sole proximate cause of the occurrence and damages allegedly sustained by
Plaintiff was the acts and/or omissions of a third party for whom this Defendant is
not liable.

Vv.

Defendant would further show that the property damage to Plaintiff were pre-existing
damages for which Defendant cannot be held liable. These previous damages were beyond the
control of this Defendant.

Vi
Further, or alternatively, Plaintiff failed to mitigate its damages.
VII.

Further, or alternatively, Defendant claims and is entitled to all lawful settlements, credits and
offsets including but not limited to those set forth in Texas Civil Practice & Remedies Code §
33.012.

VIII.

Defendant hereby give notice of intent to utilize items produced in discovery against the party

producing same. The authenticity of such items is self-proven per Tex. R. Civ. P. 193.7.
IX. REQUEST FOR JURY TRIAL

Defendant requests that a Jury be impaneled on final hearing of this cause of action. The jury

fee will be paid.
X. IDENTIFYING INFORMATION
Pursuant to § 30.014 of the Texas Civil Practice & Remedies Code, Defendant provides the

following partial identification information:TDL: XXXXX155 SSN: XXX-XX-X338

WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take nothing by
its suit against Defendant, that Defendant go hence with her costs, and that this cause of action be
dismissed with prejudice, and that Defendant have such other and further relief, whether general or
special, at law or in equity to which Defendant may show herself justly entitled.

Respectfully submitted,

ARNOLD & TAYLOR, P.L.L.C.

BRANDY M. HARMAN
TBN: 24061985

5601 Bridge Street, Suite 230
Fort Worth, Texas 76112
Telephone: (817}446-7545
Facsimile: (817)446-4303

ATTORNEY FOR DEFENDANT
ELISABETH GIRMA

CERTIFICATE OF SERVICE

I served this document on this 6th day of April, 2011 as follows:

VIA FACSIMILE: (210) 368-9729
Heather C. Tessmer

Law Office of Heather Clement Tessmer
8000 Fair Oaks Parkway, Suite 205

Fair Oaks Ranch, Texas 78015

f..
BRANDY M. HARMAN