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CAUSE NO. DC-10-16792
IN THE oishaer ERer
ALLSTATE INSURANCE COMPANY AS” §
SUBROGEE OF VERONA BISHOP : . ah as
: ‘VHAPR-8 PH'2:20
VS. § 160™ JUDICIAL-DISTRIGE
§ GISTRICT CLERK
ELISABETH GIRMA § DALLAS COUNT ES TEXAS
_BONNIE RIVERAEPUTY
DEFENDANT’S MOTION FOR LEAVE TO DESIGNATE
RESPONSIBLE THIRD PARTY
TO THE HONORABLE JUDGE OF SAID COURT:
Defendant ELISABETH GIRMA files this motion for leave to designate a responsible
third party. The proposed responsible third party is VERONA BISHOP.
I.
This case concerns alleged damages arising from an automobile accident on or about
October 5, 2010. Plaintiff ALLSTATE INSURANCE COMPANY AS SUBROGEE OF
VERONA BISHOP alleges that Defendant negligently operated a motor vehicle, causing the
accident and damages at issue. However, the accident and Plaintiff's damages, if any, were
caused by VERONA BISHOP, responsible third party.
IL,
At the time and on the occasion in question and immediately prior thereto, Responsible
Third Party, VERONA BISHOP, failed to use ordinary care by various acts and omissions,
including the following, cach of which singularly or in combination with others, was a proximate
cause of the occurrence made the basis of this suit:
1. failing to maintain a proper lookout;
2. failure to control speed;
3. failing to timely apply the brakes in order to avoid the collision;
4. failing to turn or swerve to avoid the collision;
5. operating her vehicle in an inattentive manner;6. failing to take proper evasive actions; and
7. in committing such other and further acts and omissions which may be proven at
tnal.
II.
There is no current trial setting in this matter.
Iv.
VERONA BISHOP is a responsible third party within the meaning of Texas Civil
Practice and Remedies Code §33.011(6) because she caused or contributed to the harm for which
recovery of damages are sought by a negligent act or omission. Texas Civil Practice and
Remedies Code §33.011(6).
PRAYER
For these reasons, Defendant asks the Court to grant her motion for leave to designate
VERONA BISHOP as a responsible third party.
Respectfully submitted,
ARNOLD & TAYLOR, P.L.L.C.
BRANDY HARMAN
TBN: 24061985
5601 Bridge Street, Suite 230
Fort Worth, Texas 76112
Telephone: (817) 446-7545
Facsimile: (817) 446-4303
ATTORNEY FOR DEFENDANT
ELISABETH GIRMACERTIFICATE 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
BRANDY MANCAUSE NO, DC-10-16792
ALLSTATE INSURANCE COMPANY AS) § IN THE DISTRICT COURT
SUBROGEE OF VERONA BISHOP §
VS, : 160™ JUDICIAL DISTRICT
ELISABETH GIRMA : DALLAS COUNTY, TEXAS
ORDER
On this day came on to be heard Defendant’s Motion for Leave to Designate Responsible
Third Party, VERONA BISHOP, and the Court finds the Motion was timely filed and should be
GRANTED. It is therefore
ORDERED that Defendant’s Motion for Leave to Designate Responsible Third Party,
should be and is hereby GRANTED; It is further
ORDERED that VERONA BISHOP should be and is hereby designated as a Responsible
Third Party.
Signed on this of ,2011.
JUDGE PRESIDING
APPROVED:
5601 Bridge Street, Suite 230
Fort Worth, Texas 76112
Telephone: (817) 446-7545
Facsimile: (817) 446-4303
ATTORNEY FOR DEFENDANT
ELISABETH GIRMAA.
ARNOLD & TAYLOR, PLLC wee MR
ATTORNEYS AND COUNSELORS AT LAW f= ICED ®
5601 BRIDGE STREET, SUITE 230
Fort WoRTH, TEXAS 76112
isi wi
TELEPHONE: (817) 446-7345 ILE APR -8 PH a 28
FACSIMILE: (817) 446-4303 hae .
STEVEN C. ARNOLD"? Pe o . iis fe Pa ENB M. TAYLOR"
NCI ICE: «
INCIPAL OFFICE: DALLAS Co., TEXAS
FROM THE DESK OF: HOUSTON, TEXAS
Branoy M. HARMAN’ —
OFFICES: —— DEPUTY
SAN ANTONIO, TEXAS
BOARD CERTIFIED PERSONAL INJURY TRIAL LAW Fort WORTH, TEXAS 4 LICENSED TO PRACTICE IN GEORGIA
TEXAS BOARD OF LEGAL SPECIALIZATION ALPHAKEITA, GEORGIA “LICENSED TO PRACTICE IN TEXAS
April 6, 2011
VIA FIRST-CLASS U.S. MAIL
Mr. Gary Fitzsimmons
Dallas County District Clerk
600 Commerce Street, Suite 103
Dallas, Texas 75202
Re: Cause No. DC-10-16792; Allstate Insurance Company as Subrogee of Verona
Bishop vs. Elisabeth Girma; In the 160" Judicial District Court of Dallas County,
Texas.
Dear Clerk:
Enclosed please find the original and one copy of the following:
> DEFENDANT’S ORIGINAL ANSWER AND JURY DEMAND; AND
> DEFENDANT’S MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTY; AND
> PROPOSED ORDER.
Please file-stamp the enclosed copies and return to our office in the stamped, self-addressed
envelope. Thank you for your assistance in this matter.
Sincerely,
. Harman
BMH/ea
Enclosures
ce: 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
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CAUSE NO. DC-10-16792 IN THE oishaer ERer ALLSTATE INSURANCE COMPANY AS” § SUBROGEE OF VERONA BISHOP : . ah as : ‘VHAPR-8 PH'2:20 VS. § 160™ JUDICIAL-DISTRIGE § GISTRICT CLERK ELISABETH GIRMA § DALLAS COUNT ES TEXAS _BONNIE RIVERAEPUTY DEFENDANT’S MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTY TO THE HONORABLE JUDGE OF SAID COURT: Defendant ELISABETH GIRMA files this motion for leave to designate a responsible third party. The proposed responsible third party is VERONA BISHOP. I. This case concerns alleged damages arising from an automobile accident on or about October 5, 2010. Plaintiff ALLSTATE INSURANCE COMPANY AS SUBROGEE OF VERONA BISHOP alleges that Defendant negligently operated a motor vehicle, causing the accident and damages at issue. However, the accident and Plaintiff's damages, if any, were caused by VERONA BISHOP, responsible third party. IL, At the time and on the occasion in question and immediately prior thereto, Responsible Third Party, VERONA BISHOP, failed to use ordinary care by various acts and omissions, including the following, cach of which singularly or in combination with others, was a proximate cause of the occurrence made the basis of this suit: 1. failing to maintain a proper lookout; 2. failure to control speed; 3. failing to timely apply the brakes in order to avoid the collision; 4. failing to turn or swerve to avoid the collision; 5. operating her vehicle in an inattentive manner;6. failing to take proper evasive actions; and 7. in committing such other and further acts and omissions which may be proven at tnal. II. There is no current trial setting in this matter. Iv. VERONA BISHOP is a responsible third party within the meaning of Texas Civil Practice and Remedies Code §33.011(6) because she caused or contributed to the harm for which recovery of damages are sought by a negligent act or omission. Texas Civil Practice and Remedies Code §33.011(6). PRAYER For these reasons, Defendant asks the Court to grant her motion for leave to designate VERONA BISHOP as a responsible third party. Respectfully submitted, ARNOLD & TAYLOR, P.L.L.C. BRANDY HARMAN TBN: 24061985 5601 Bridge Street, Suite 230 Fort Worth, Texas 76112 Telephone: (817) 446-7545 Facsimile: (817) 446-4303 ATTORNEY FOR DEFENDANT ELISABETH GIRMACERTIFICATE 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 BRANDY MANCAUSE NO, DC-10-16792 ALLSTATE INSURANCE COMPANY AS) § IN THE DISTRICT COURT SUBROGEE OF VERONA BISHOP § VS, : 160™ JUDICIAL DISTRICT ELISABETH GIRMA : DALLAS COUNTY, TEXAS ORDER On this day came on to be heard Defendant’s Motion for Leave to Designate Responsible Third Party, VERONA BISHOP, and the Court finds the Motion was timely filed and should be GRANTED. It is therefore ORDERED that Defendant’s Motion for Leave to Designate Responsible Third Party, should be and is hereby GRANTED; It is further ORDERED that VERONA BISHOP should be and is hereby designated as a Responsible Third Party. Signed on this of ,2011. JUDGE PRESIDING APPROVED: 5601 Bridge Street, Suite 230 Fort Worth, Texas 76112 Telephone: (817) 446-7545 Facsimile: (817) 446-4303 ATTORNEY FOR DEFENDANT ELISABETH GIRMAA. ARNOLD & TAYLOR, PLLC wee MR ATTORNEYS AND COUNSELORS AT LAW f= ICED ® 5601 BRIDGE STREET, SUITE 230 Fort WoRTH, TEXAS 76112 isi wi TELEPHONE: (817) 446-7345 ILE APR -8 PH a 28 FACSIMILE: (817) 446-4303 hae . STEVEN C. ARNOLD"? Pe o . iis fe Pa ENB M. TAYLOR" NCI ICE: « INCIPAL OFFICE: DALLAS Co., TEXAS FROM THE DESK OF: HOUSTON, TEXAS Branoy M. HARMAN’ — OFFICES: —— DEPUTY SAN ANTONIO, TEXAS BOARD CERTIFIED PERSONAL INJURY TRIAL LAW Fort WORTH, TEXAS 4 LICENSED TO PRACTICE IN GEORGIA TEXAS BOARD OF LEGAL SPECIALIZATION ALPHAKEITA, GEORGIA “LICENSED TO PRACTICE IN TEXAS April 6, 2011 VIA FIRST-CLASS U.S. MAIL Mr. Gary Fitzsimmons Dallas County District Clerk 600 Commerce Street, Suite 103 Dallas, Texas 75202 Re: Cause No. DC-10-16792; Allstate Insurance Company as Subrogee of Verona Bishop vs. Elisabeth Girma; In the 160" Judicial District Court of Dallas County, Texas. Dear Clerk: Enclosed please find the original and one copy of the following: > DEFENDANT’S ORIGINAL ANSWER AND JURY DEMAND; AND > DEFENDANT’S MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTY; AND > PROPOSED ORDER. Please file-stamp the enclosed copies and return to our office in the stamped, self-addressed envelope. Thank you for your assistance in this matter. Sincerely, . Harman BMH/ea Enclosures ce: 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