Preview
No. 2016-62142
S. EMANUEL LIN
Plaintiff IN THE
v. DISTRICT COURT OF TEXAS
ESTATE OF KENNETH COUNTY OF HARRIS
JAMES WILCHENSKI, 2697 JUDICIAL DISTRICT
ROBERT FLOYD SUE
TRUCKING INC., Hon. Dan Hinde
DOES 1 ~10
10 Defendants
11 PLAINTIFF'S 3RD-AMENDED RESPONSE TO DEFEND-
12 ANTS ROBERT FLOYD SUE TRUCKING INC. & ESTATE
13 OF WILCHENSKI’S REQUEST FOR DISCLOSURE
14 To: Defendants Robert Floyd Sue Trucking, Inc. and Estate of Kenneth
15 James Wilchenski
16 Plaintiff S. Emanuel Lin hereby responds to Defendants Robert
17 Floyd Sue Trucking, Inc. (“SUE TRUCKING”) and the Estate of Kenneth
18 James Wilchenski’s (WILCHENSKI) Rule 194 Request for Disclosure as
19 follows:
20 (a) the correct names of the parties to the lawsuit;
21 Response: See the style of this response.
22 (b) the name, address, and telephone number of any potential
23 parties;
24 Response:
25 Potential party yet to be named appears to be Sentry Insurance,
1 P’s 3rd-Amended Response to Request
for Disclosure
A Mutual Company, based on the terms of Defendants’ liability insur-
ance policy on Section V - Motor Carrier Conditions, “3. Legal Action
Against Us” on page SUEO83. The party who had ownership and/or
lease hold interest in the subject TRACTOR and TRAILER prior to the
date of accident may also be potential party to this action.
(c) the legal theories and, in general, the factual bases of the re-
sponding party's claims or defenses (the responding party need not
marshal all evidence that may be offered at trial);
Response:
10 See my email sent to Ms. Karen VanerVlucht of Sentry Select In-
11 surance on Sunday October 5, 2014 at 9:22 p.m. entitled as “My claim
12 of sever[e] emotional distress and my recoverable contribution to have
13 significantly avoided serious bodily injuries.”
14 (d) the amount and any method of calculating economic dam-
15 ages;
16 Response:
17 Method of calculating economic damages is based on my perfor-
18 mance prior to the negligent act of SUE TRUCKING and Mr. Wilchenski
19 when compared to that after.
20 The subjects of economic damages are the past and future med-
21 ical expenses, loss of use of property, the economic value of my time
22 that is necessary to be spent on matters un-related to litigation and the
23 loss of my earning and business opportunities as a proximate cause of
24 the negligent act.
2 P’s 3rd-Amended Response to Request
for Disclosure
The amount of past and future medical expenses is calculated on
the following:
e two years of the insurance premiums paid prior to the acci-
==
dent ($314.70x8 quarters $2,517.60) and 39 quarters
thereafter ending on December 31, 2017 ($314.70x5 +
$365.40x4 + $402.00x4 = $4,643. 10) ifno further treatment
is to continue,
Bills from UCLAHealth ($65 my co-pay for emergency visit +
$191.01 + $12 parking + $50 fuel expense to make round trip
10 178 miles from Lake Elsinore, CA to UCLAHealth).
11 Bills from Harris Health System, including round-trip travel
12 expenses at 15 milesx$0.5=$7.5 to and from its Vallbona
13 Clinic for making initial appointment on 9/14/2017, having
14 treatments on 9/21, 11/16/2017 and others in the future, re-
15 solving in-network insurance provider issue on 9/29/2017.
16 The amount for the loss use of my property:
17 ¢ $3,384 Replacement or repair cost of subject 1996 Volvo
18 Model 850, 6.5% vehicle sales tax at $220 and $35 title fee at
19 the purchase of a replacement vehicle,
20 Rental car expenses from 10/7/2014 through 11/24/2014 at
21 $1,560.88 (=$1,510.44+$50.44),
22 Loss of use of my Volvo from 11/25/2014 through
23 5/19/2015 at $6,828.85 (= $1,560.88/48days x30days a
24 month x 6 months =$975.55 amonth x 6 months),
3 P’s 3rd-Amended Response to Request
for Disclosure
The fuel remaining in the Volvo at $50, Texas vehicle regis-
tration and inspection for the Volvo remaining unused at
$75, new Mobile One synthetic oil change remaining unused
at $65, damage to the contents in the Volvo at $50, labor for
re-installing the wiring from battery under the hood to front
passenger seat inside for 12VDC to 120VAC converter at $50,
$48.29 for half day’s stay on 9/17/2014 at Days Inn, Sonora,
Texas,
$8.44 for Certified Crash Report,
10 $20.49 for Certified Abstract of Mr. Wilchenski’s driving rec-
11 ord,
12 $8.06 for buying 6-foot long fence panels at Home Depot in
13 Alhambra, CA on 9/27/2014 to make flat bed in Equinox,
14 $4.11+$1.03 for searching Texas Secretary of State,
15 Filing fees related to instant action at $264+$7.63+$0.75+
16 $26+$2.06x10,
17 e Service process fees $35+$100.
18 The amount of the economic value of my time that is necessary
19 to be spent on matters unrelated to litigation as a proximate cause of
20 the negligent act consists of:
21 e 5 hours to travel round trip from my work place in the City of
22 lake El Senore, CA to UCLA Health in Los Angeles, CA and to
23 be treated there,
24 e 7 hours in detailing the loss for this response,
4 P’s 3rd-Amended Response to Request
for Disclosure
90 hours in writing, reviewing and archiving at least 68
emails to and from Sentry Select relating to the accident in
2014 and 23 emails in 2015,
56 hours in disputing Enterprise rental car charges on my
Capital One credit card,
20 hours of interruptions in making and receiving calls, mak-
ing phone conversation records, discussing and arranging
rental car with Enterprise Rent-A-Car from California,
1 hour in searching Texas Secretary of State,
10 3 hours to searching and paying process servers, to have orig-
11 inal complaint served and return services furnished to me,
12 4 hours in searching, test drive and purchase a replacement
13 vehicle,
14 4 hours in searching for an in-network psychiatrist who is
15 willing to promptly accept me as new patient for my first
16 treatment,
17 2.5 hours for my first visit to Dr. John Hsieh on 9/21/2017
18 from leaving home at 12:15 p.m. until its returning at 2:49
19 p.m.,
20 0.75 hours on 9/28/2017 to goto fill, wait for and receive pre-
21 scription medication Lexapro to return home,
22 1.5 hours, in addition to many un-returned phone calls, to go
23 to Vallbona Clinic to resolve and to become Harris Health Sys-
24 tem’s in-network insurer to continue treatment there,
5 P’s 3rd-Amended Response to Request
for Disclosure
. 1.5 hours estimated necessary to select and to switch to Har-
ris Health System’s in-network insurer,
. 1.5 hours estimated necessary to make the second treatment
on 11/16/2017.
The total hours spent on the matters above are 197.75 hours at
$23,730 (=197.75 hours x $120 an hour). Such cost is continuing.
The loss of my earning and business opportunities as a proxi-
mate cause of the negligent act when measured by the economic value
of my time consists of:
10 e 50 hours from 9/16/2014 at 4:00 p.m. when accident oc-
11 curred to 9/18/2014 at 6:00 p.m. when my belongings were
12 reloaded from my wrecked Volvo to Days Inn, from Days Inn
13 to Corolla, and finally from Corolla to Equinox at Enterprise’s
14 office in San Angelo, Texas,
15 1.5 hours on 9/18/2014 at 6:00 p.m. one way trip from Enter-
16 prise office in San Angelo, Texas to get on I-10 to continue my
17 trip west,
18 3 hours round trip on 11/24/2014 to get off I-10 to Enterprise
19 office in San Angelo, Texas to return the Equinox,
20 1 hour on the road before reaching California to re-arrange
21 Equinox for temporary sleep,
22 2 hours spent in Los Angeles, CA to make flat bed in Equinox
23 rental car for long term sleeping therein,
24 1.5 hours to rent and to reload my belongings on 11/24/2014
6 P’s 3rd-Amended Response to Request
for Disclosure
from Equinox to a small Accent at Enterprise office in San An-
gelo, Texas to continue my trip back to Houston, Texas,
1 hour to wait for my turn to get the rental car returned and
accepted on 11/25/2014 to Enterprise’s office in Houston,
Texas,
1 hour on finding, purchasing, archiving a Certified Crash Re-
port,
e 2 hours to have oil changed for Equinox in Alhambra, CA,
The total 63 hours were spent on the matters at $7,560. Such
10 cost is continuing.
11 Damages for the physical pain and suffering, the near-death
12 trauma and the posttraumatic stress disorder are yet to be deter-
13 mined.
14 (e) the name, address, and telephone number of persons having
15 knowledge of relevant facts, and a brief statement of each identified
16 person's connection with the case;
17 Response:
18 None other than Plaintiff S$. Emanuel Lin, Mr. Wilchenski and
19 Texas Troopers and the Certified Crash Report.
20 (f) for any testifying expert
21 Response:
22 See Plaintiff's First-Amended Designation of Medical Expert Wit-
23 ness served on September 27, 2017.
24 (g) any indemnity and insuring agreements described in Rule
7 P’s 3rd-Amended Response to Request
for Disclosure
192.3(f);
Response: None.
(h) any settlement agreements described in Rule 192.3(g);
Response: None.
(i) any witness statements described in Rule 192.3(h);
Response:
See my email sent to Ms. Karen VanerVlucht of Sentry Select In-
surance on Sunday October 5, 2014 at 9:22 p.m. entitled as “My claim
of sever[e] emotional distress and my recoverable contribution to have
10 significantly avoided serious bodily injuries.”
11 @) ina suit alleging physical or mental injury and damages from
12 the occurrence that is the subject of the case, all medical records and
13 bills that are reasonably related to the injuries or damages asserted or,
14 in lieu thereof, an authorization permitting the disclosure of such
15 medical records and bills;
16 Response:
17 See my response to your request for documents on the matter.
18 (k) in a suit alleging physical or mental injury and damages from
19 the occurrence that is the subject of the case, all medical records and
20 bills obtained by the responding party by virtue of an authorization
21 furnished by the requesting party;
22 Response: Not Applicable.
23 (1) the name, address, and telephone number of any person who
24 may be designated as a responsible third party.
8 P’s 3rd-Amended Response to Request
for Disclosure
Response:
Sentry Insurance a Mutual Company of Stevens Point, Wiscon-
sin.
A_CraruiaQ&_
Dated: Friday September 29, 2017 S. Emanuel Lin
3527 Woodvalley Dr.
Houston, TX 77025-4232
(713) 858-2462
LinEmanuel@gmail.com
10 Proof of Service
11
12 I hereby certify under penalty of perjury under the laws of the
13 State of Texas that on Friday September 29, 2017 around 11:15 p.m. I
14 served an electronic copy of Plaintiff's 3rd-Amended Response to De-
15 fendants Robert Floyd Sue Trucking, Inc. and the Estate of Kenneth James
16 Wilchenski’s Request for Disclosure upon the following:
17 e Mr. David Helmey, attorney of record for Defendants
18 Robert Floyd Sue Trucking, Inc. and the Estate of Kenneth
19 James Wilchenski, at david@fuentesfirm.com.
20 A. Cronus LP
21 Dated: Friday September 29, 2017 S. Emanuel Lin
22
9 P’s 3rd-Amended Response to Request
for Disclosure
Preview
No. 2016-62142 S. EMANUEL LIN Plaintiff IN THE v. DISTRICT COURT OF TEXAS ESTATE OF KENNETH COUNTY OF HARRIS JAMES WILCHENSKI, 2697 JUDICIAL DISTRICT ROBERT FLOYD SUE TRUCKING INC., Hon. Dan Hinde DOES 1 ~10 10 Defendants 11 PLAINTIFF'S 3RD-AMENDED RESPONSE TO DEFEND- 12 ANTS ROBERT FLOYD SUE TRUCKING INC. & ESTATE 13 OF WILCHENSKI’S REQUEST FOR DISCLOSURE 14 To: Defendants Robert Floyd Sue Trucking, Inc. and Estate of Kenneth 15 James Wilchenski 16 Plaintiff S. Emanuel Lin hereby responds to Defendants Robert 17 Floyd Sue Trucking, Inc. (“SUE TRUCKING”) and the Estate of Kenneth 18 James Wilchenski’s (WILCHENSKI) Rule 194 Request for Disclosure as 19 follows: 20 (a) the correct names of the parties to the lawsuit; 21 Response: See the style of this response. 22 (b) the name, address, and telephone number of any potential 23 parties; 24 Response: 25 Potential party yet to be named appears to be Sentry Insurance, 1 P’s 3rd-Amended Response to Request for Disclosure A Mutual Company, based on the terms of Defendants’ liability insur- ance policy on Section V - Motor Carrier Conditions, “3. Legal Action Against Us” on page SUEO83. The party who had ownership and/or lease hold interest in the subject TRACTOR and TRAILER prior to the date of accident may also be potential party to this action. (c) the legal theories and, in general, the factual bases of the re- sponding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial); Response: 10 See my email sent to Ms. Karen VanerVlucht of Sentry Select In- 11 surance on Sunday October 5, 2014 at 9:22 p.m. entitled as “My claim 12 of sever[e] emotional distress and my recoverable contribution to have 13 significantly avoided serious bodily injuries.” 14 (d) the amount and any method of calculating economic dam- 15 ages; 16 Response: 17 Method of calculating economic damages is based on my perfor- 18 mance prior to the negligent act of SUE TRUCKING and Mr. Wilchenski 19 when compared to that after. 20 The subjects of economic damages are the past and future med- 21 ical expenses, loss of use of property, the economic value of my time 22 that is necessary to be spent on matters un-related to litigation and the 23 loss of my earning and business opportunities as a proximate cause of 24 the negligent act. 2 P’s 3rd-Amended Response to Request for Disclosure The amount of past and future medical expenses is calculated on the following: e two years of the insurance premiums paid prior to the acci- == dent ($314.70x8 quarters $2,517.60) and 39 quarters thereafter ending on December 31, 2017 ($314.70x5 + $365.40x4 + $402.00x4 = $4,643. 10) ifno further treatment is to continue, Bills from UCLAHealth ($65 my co-pay for emergency visit + $191.01 + $12 parking + $50 fuel expense to make round trip 10 178 miles from Lake Elsinore, CA to UCLAHealth). 11 Bills from Harris Health System, including round-trip travel 12 expenses at 15 milesx$0.5=$7.5 to and from its Vallbona 13 Clinic for making initial appointment on 9/14/2017, having 14 treatments on 9/21, 11/16/2017 and others in the future, re- 15 solving in-network insurance provider issue on 9/29/2017. 16 The amount for the loss use of my property: 17 ¢ $3,384 Replacement or repair cost of subject 1996 Volvo 18 Model 850, 6.5% vehicle sales tax at $220 and $35 title fee at 19 the purchase of a replacement vehicle, 20 Rental car expenses from 10/7/2014 through 11/24/2014 at 21 $1,560.88 (=$1,510.44+$50.44), 22 Loss of use of my Volvo from 11/25/2014 through 23 5/19/2015 at $6,828.85 (= $1,560.88/48days x30days a 24 month x 6 months =$975.55 amonth x 6 months), 3 P’s 3rd-Amended Response to Request for Disclosure The fuel remaining in the Volvo at $50, Texas vehicle regis- tration and inspection for the Volvo remaining unused at $75, new Mobile One synthetic oil change remaining unused at $65, damage to the contents in the Volvo at $50, labor for re-installing the wiring from battery under the hood to front passenger seat inside for 12VDC to 120VAC converter at $50, $48.29 for half day’s stay on 9/17/2014 at Days Inn, Sonora, Texas, $8.44 for Certified Crash Report, 10 $20.49 for Certified Abstract of Mr. Wilchenski’s driving rec- 11 ord, 12 $8.06 for buying 6-foot long fence panels at Home Depot in 13 Alhambra, CA on 9/27/2014 to make flat bed in Equinox, 14 $4.11+$1.03 for searching Texas Secretary of State, 15 Filing fees related to instant action at $264+$7.63+$0.75+ 16 $26+$2.06x10, 17 e Service process fees $35+$100. 18 The amount of the economic value of my time that is necessary 19 to be spent on matters unrelated to litigation as a proximate cause of 20 the negligent act consists of: 21 e 5 hours to travel round trip from my work place in the City of 22 lake El Senore, CA to UCLA Health in Los Angeles, CA and to 23 be treated there, 24 e 7 hours in detailing the loss for this response, 4 P’s 3rd-Amended Response to Request for Disclosure 90 hours in writing, reviewing and archiving at least 68 emails to and from Sentry Select relating to the accident in 2014 and 23 emails in 2015, 56 hours in disputing Enterprise rental car charges on my Capital One credit card, 20 hours of interruptions in making and receiving calls, mak- ing phone conversation records, discussing and arranging rental car with Enterprise Rent-A-Car from California, 1 hour in searching Texas Secretary of State, 10 3 hours to searching and paying process servers, to have orig- 11 inal complaint served and return services furnished to me, 12 4 hours in searching, test drive and purchase a replacement 13 vehicle, 14 4 hours in searching for an in-network psychiatrist who is 15 willing to promptly accept me as new patient for my first 16 treatment, 17 2.5 hours for my first visit to Dr. John Hsieh on 9/21/2017 18 from leaving home at 12:15 p.m. until its returning at 2:49 19 p.m., 20 0.75 hours on 9/28/2017 to goto fill, wait for and receive pre- 21 scription medication Lexapro to return home, 22 1.5 hours, in addition to many un-returned phone calls, to go 23 to Vallbona Clinic to resolve and to become Harris Health Sys- 24 tem’s in-network insurer to continue treatment there, 5 P’s 3rd-Amended Response to Request for Disclosure . 1.5 hours estimated necessary to select and to switch to Har- ris Health System’s in-network insurer, . 1.5 hours estimated necessary to make the second treatment on 11/16/2017. The total hours spent on the matters above are 197.75 hours at $23,730 (=197.75 hours x $120 an hour). Such cost is continuing. The loss of my earning and business opportunities as a proxi- mate cause of the negligent act when measured by the economic value of my time consists of: 10 e 50 hours from 9/16/2014 at 4:00 p.m. when accident oc- 11 curred to 9/18/2014 at 6:00 p.m. when my belongings were 12 reloaded from my wrecked Volvo to Days Inn, from Days Inn 13 to Corolla, and finally from Corolla to Equinox at Enterprise’s 14 office in San Angelo, Texas, 15 1.5 hours on 9/18/2014 at 6:00 p.m. one way trip from Enter- 16 prise office in San Angelo, Texas to get on I-10 to continue my 17 trip west, 18 3 hours round trip on 11/24/2014 to get off I-10 to Enterprise 19 office in San Angelo, Texas to return the Equinox, 20 1 hour on the road before reaching California to re-arrange 21 Equinox for temporary sleep, 22 2 hours spent in Los Angeles, CA to make flat bed in Equinox 23 rental car for long term sleeping therein, 24 1.5 hours to rent and to reload my belongings on 11/24/2014 6 P’s 3rd-Amended Response to Request for Disclosure from Equinox to a small Accent at Enterprise office in San An- gelo, Texas to continue my trip back to Houston, Texas, 1 hour to wait for my turn to get the rental car returned and accepted on 11/25/2014 to Enterprise’s office in Houston, Texas, 1 hour on finding, purchasing, archiving a Certified Crash Re- port, e 2 hours to have oil changed for Equinox in Alhambra, CA, The total 63 hours were spent on the matters at $7,560. Such 10 cost is continuing. 11 Damages for the physical pain and suffering, the near-death 12 trauma and the posttraumatic stress disorder are yet to be deter- 13 mined. 14 (e) the name, address, and telephone number of persons having 15 knowledge of relevant facts, and a brief statement of each identified 16 person's connection with the case; 17 Response: 18 None other than Plaintiff S$. Emanuel Lin, Mr. Wilchenski and 19 Texas Troopers and the Certified Crash Report. 20 (f) for any testifying expert 21 Response: 22 See Plaintiff's First-Amended Designation of Medical Expert Wit- 23 ness served on September 27, 2017. 24 (g) any indemnity and insuring agreements described in Rule 7 P’s 3rd-Amended Response to Request for Disclosure 192.3(f); Response: None. (h) any settlement agreements described in Rule 192.3(g); Response: None. (i) any witness statements described in Rule 192.3(h); Response: See my email sent to Ms. Karen VanerVlucht of Sentry Select In- surance on Sunday October 5, 2014 at 9:22 p.m. entitled as “My claim of sever[e] emotional distress and my recoverable contribution to have 10 significantly avoided serious bodily injuries.” 11 @) ina suit alleging physical or mental injury and damages from 12 the occurrence that is the subject of the case, all medical records and 13 bills that are reasonably related to the injuries or damages asserted or, 14 in lieu thereof, an authorization permitting the disclosure of such 15 medical records and bills; 16 Response: 17 See my response to your request for documents on the matter. 18 (k) in a suit alleging physical or mental injury and damages from 19 the occurrence that is the subject of the case, all medical records and 20 bills obtained by the responding party by virtue of an authorization 21 furnished by the requesting party; 22 Response: Not Applicable. 23 (1) the name, address, and telephone number of any person who 24 may be designated as a responsible third party. 8 P’s 3rd-Amended Response to Request for Disclosure Response: Sentry Insurance a Mutual Company of Stevens Point, Wiscon- sin. A_CraruiaQ&_ Dated: Friday September 29, 2017 S. Emanuel Lin 3527 Woodvalley Dr. Houston, TX 77025-4232 (713) 858-2462 LinEmanuel@gmail.com 10 Proof of Service 11 12 I hereby certify under penalty of perjury under the laws of the 13 State of Texas that on Friday September 29, 2017 around 11:15 p.m. I 14 served an electronic copy of Plaintiff's 3rd-Amended Response to De- 15 fendants Robert Floyd Sue Trucking, Inc. and the Estate of Kenneth James 16 Wilchenski’s Request for Disclosure upon the following: 17 e Mr. David Helmey, attorney of record for Defendants 18 Robert Floyd Sue Trucking, Inc. and the Estate of Kenneth 19 James Wilchenski, at david@fuentesfirm.com. 20 A. Cronus LP 21 Dated: Friday September 29, 2017 S. Emanuel Lin 22 9 P’s 3rd-Amended Response to Request for Disclosure