Preview
FILED
3/23/2020 9:25AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Dorothy Strogen DEPUTY
CAUSE NO. DC—19-20410
ANTHONY HORTON, IN THE DISTRICT COURT
Plaintiff,
vs. DALLAS
OOOOOOWOOOOOOOW'DOOOOOOW’DOOO
COUNTY, TEXAS
JESUS VILLEDA ALVARADO and
BUHO ONE TRUCKING, LLC,
St
Defendants. 19 1 JUDICIAL DISTRICT
DEFENDANT’S MOTION FOR LEAVE T0 DESIGNATE
RESPONSIBLE THIRD PARTY
Defendant, BUHO ONE TRUCKING, LLC, files this Motion for Leave t0
Designate Responsible Third Party pursuant t0 Section 33.004 0f the Texas Civil Practice
and Remedies Code, and respectfully would show the Court as follows:
I.
INTRODUCTION
1. This is a personal injury suit arising from a motor vehicle collision that occurred
0n October 28, 2019.
2. On that date, Mr. Jesus Villeda Alvarado was operating a tractor-trailer owned by
Buho One Trucking, LLC in a safe and prudent manner as he traveled westbound on
Interstate Highway 20 in the right lane.
3. Plaintiff was a passenger in a vehicle operated by Marquis Brown, Which was
traveling westbound 0n Interstate Highway 20 in the left lane.
4. The accident that is the subject 0f this suit occurred when Marquis Brown
suddenly and unexpectedly failed t0 stay in his lane, entered the right lane, and struck the
back left corner of the trailer being hauled by Mr. Alvarado.
DEFENDANT’S MOTION T0 DESIGNATE RESPONSIBLE THIRD PARTY PAGE 1
5. Mr. Brown received several citations as a result of this accident, including one for
failure t0 drive in a single lane.
6. Plaintiff has filed suit against Defendants seeking to recover for injuries and
damages alleged t0 have been sustained as a result 0f this accident. See Plaintiff’s
Original Petition and Request for Disclosure, W8 and 20.
7. Because Plaintiff seeks to recover damages allegedly sustained in this accident,
and because the negligent acts and/or omissions of Marquis Brown caused 0r contributed
to cause the collision and the harm for Which Plaintiff seeks recovery, Defendant, Buho
One Trucking, LLC, moves t0 designate Marquis Brown as a Responsible Third Party
under Chapter 33 of the Texas Civil Practice and Remedies Code.
II.
ARGUMENTS AND AUTHORITIES
8. Texas has adopted a proportionate responsibility statute that expressly permits
defendants “t0 designate a responsible third party by filing a motion for leave t0
designate that person as a responsible third party.” TEX. CIV. PRAC. & REM. CODE §
33.004(a). Such a motion for leave generally “must be filed 0n 0r before the 60th day
before the trialdate unless the court finds good cause to allow the motion t0 be filed at a
later date.” TEX. CIV. PRAC. & REM. CODE § 33.004(a).
9. Texas courts are required t0 grant the movant “leave t0 designate the named
person as a responsible third party unless another party files an objection t0 the motion
for leave 0n 0r before the 15th day after the date the motion is served.” TEX. CIV. PRAC.
& REM. CODE § 33.004(f). Even if an objection istimely filed:
the court shall grant leave t0 designate the person as a
responsible third party unless the obj ecting party establishes:
(1) The defendant did not plead sufficient facts concerning the
alleged responsibility 0f the person t0 satisfy the pleading
requirement of the Texas Rules 0f Civil Procedure; and
DEFENDANT’S MOTION T0 DESIGNATE RESPONSIBLE THIRD PARTY PAGE 2
(2) After having been granted leave t0 replead, the defendant
failed t0 plead sufficient facts concerning the alleged
responsibility of the person t0 satisfy the pleading
requirements 0f the Texas Rules of Civil Procedure.
TEX. CIV. PRAC. & REM. CODE § 33.004(g).
10. For this reason, motions for leave t0 designate responsible third parties are
evaluated under a “fair notice” pleading standard rather than an evidentiary standard. See
TEX. R. CIV. P. 47; In re CVR Energy, 1116.500 S.W. 3d 67, 80 (TeX. App. — Houston [lst
Dist] 2016, mand. denied). Under this standard, “fair notice is achieved if the opposing
party can ascertain from the pleading the nature and basic issues of the controversy, and
what type 0f evidence might be relevant.” See Id. In evaluating whether the fair notice
standard has been met in the context 0f a motion for leave t0 designate responsible third
parties, courts “may not review the truth 0f the allegations 0r consider the strength 0f the
defendant’s evidence.” See Id.
11. Under Chapter 33 of the TEXAS CIVIL PRACTICE AND REMEDIES CODE, a
“responsible third party” is:
any person Who is alleged t0 have caused or contributed to
causing in any way the harm for Which recovery of damages is
sought, whether by negligent act 0r omission, by any defective
0r unreasonably dangerous product, by other conduct 0r
activity that violates an applicable legal standard, 0r by any
combination of these.
TEX. CIV. PRAC. & REM. CODE § 33.01 1(6).
12. In this case, Marquis Brown qualifies as a “responsible third party” as that term is
defined under Chapter 33 of the Texas Civil Practice and Remedies Code, because Mr.
Brown negligently failed t0 stay in a single lane, entered the right lane when it was
unsafe t0 d0 so, and failed to yield the right-of—way t0 a vehicle that was already in the
right lane. These negligent acts or omissions caused or contributed to cause the accident
DEFENDANT’S MOTION T0 DESIGNATE RESPONSIBLE THIRD PARTY PAGE 3
that is the subject of this suit and the harm for Which the Plaintiff seeks to recover
damages in the above—referenced cause.
13. Additionally, this matter has not yet been set for trial;therefore, this Motion is
timely.
14. For these reasons, Marquis Brown is a Responsible Third Party, and the Motion
for Leave to Designate him as such must be granted.
III.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant, Buho One Trucking,
LLC, prays for leave t0 designate Marquis Brown as a Responsible Third Party pursuant
to Section 33.004 0f the Texas Civil Practice & Remedies Code, and for such other and
further relief t0 which itmay show itself t0 be justly entitled.
Respectfully submitted,
THE BASSETT FIRM
/s/Mike H. Bassett
MIKE H. BASSETT
SBN: 01890500
mbassett@thebassettfim.com
RON T. CAPEHART
SBN: 24009939
reapehart@thebassettfirm.com
TWO Turtle Creek Village
3838 Oak Lawn Avenue, Suite 1300
Dallas, Texas 75219
(214) 219-9900 Telephone
(214) 219-9456 Facsimile
ATTORNEYS FOR DEFENDANT,
BUHO ONE TRUCKING, LLC
DEFENDANT’S MOTION To DESIGNATE RESPONSIBLE THIRD PARTY PAGE 4
CERTIFICATE OF CONFERENCE
Pursuant to Local Rule 2.07, on March 18, 2020, counsel for Defendant, Buho
One Trucking, LLC, e-mailed a copy of this Motion to Mr. Carson Runge, counsel for
Plaintiff. On March 23, 2020, Mr. Runge confirmed that Plaintiff is opposed. Therefore,
counsel for Defendant submits this matter to the Court for consideration.
/s/ Mike H. Bassett
MIKE H. BASSETT
CERTIFICATE OF SERVICE
Icertify that a true copy of this document was forwarded t0 the following counsel
0f record pursuant t0 the Texas Rules 0f Civil Procedure on this 23rd day 0f March,
2020.
Via Eservice:
Mr. Carson R. Runge
Sloan Hatcher Perry Runge
Robertson & Smith
101 East Whaley Street
Post Office Drawer 2909
Longview, Texas 75606
/s/ Mike H. Bassett
MIKE H. BASSETT
DEFENDANT’S MOTION T0 DESIGNATE RESPONSIBLE THIRD PARTY PAGE 5
Preview
FILED 3/23/2020 9:25AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Dorothy Strogen DEPUTY CAUSE NO. DC—19-20410 ANTHONY HORTON, IN THE DISTRICT COURT Plaintiff, vs. DALLAS OOOOOOWOOOOOOOW'DOOOOOOW’DOOO COUNTY, TEXAS JESUS VILLEDA ALVARADO and BUHO ONE TRUCKING, LLC, St Defendants. 19 1 JUDICIAL DISTRICT DEFENDANT’S MOTION FOR LEAVE T0 DESIGNATE RESPONSIBLE THIRD PARTY Defendant, BUHO ONE TRUCKING, LLC, files this Motion for Leave t0 Designate Responsible Third Party pursuant t0 Section 33.004 0f the Texas Civil Practice and Remedies Code, and respectfully would show the Court as follows: I. INTRODUCTION 1. This is a personal injury suit arising from a motor vehicle collision that occurred 0n October 28, 2019. 2. On that date, Mr. Jesus Villeda Alvarado was operating a tractor-trailer owned by Buho One Trucking, LLC in a safe and prudent manner as he traveled westbound on Interstate Highway 20 in the right lane. 3. Plaintiff was a passenger in a vehicle operated by Marquis Brown, Which was traveling westbound 0n Interstate Highway 20 in the left lane. 4. The accident that is the subject 0f this suit occurred when Marquis Brown suddenly and unexpectedly failed t0 stay in his lane, entered the right lane, and struck the back left corner of the trailer being hauled by Mr. Alvarado. DEFENDANT’S MOTION T0 DESIGNATE RESPONSIBLE THIRD PARTY PAGE 1 5. Mr. Brown received several citations as a result of this accident, including one for failure t0 drive in a single lane. 6. Plaintiff has filed suit against Defendants seeking to recover for injuries and damages alleged t0 have been sustained as a result 0f this accident. See Plaintiff’s Original Petition and Request for Disclosure, W8 and 20. 7. Because Plaintiff seeks to recover damages allegedly sustained in this accident, and because the negligent acts and/or omissions of Marquis Brown caused 0r contributed to cause the collision and the harm for Which Plaintiff seeks recovery, Defendant, Buho One Trucking, LLC, moves t0 designate Marquis Brown as a Responsible Third Party under Chapter 33 of the Texas Civil Practice and Remedies Code. II. ARGUMENTS AND AUTHORITIES 8. Texas has adopted a proportionate responsibility statute that expressly permits defendants “t0 designate a responsible third party by filing a motion for leave t0 designate that person as a responsible third party.” TEX. CIV. PRAC. & REM. CODE § 33.004(a). Such a motion for leave generally “must be filed 0n 0r before the 60th day before the trialdate unless the court finds good cause to allow the motion t0 be filed at a later date.” TEX. CIV. PRAC. & REM. CODE § 33.004(a). 9. Texas courts are required t0 grant the movant “leave t0 designate the named person as a responsible third party unless another party files an objection t0 the motion for leave 0n 0r before the 15th day after the date the motion is served.” TEX. CIV. PRAC. & REM. CODE § 33.004(f). Even if an objection istimely filed: the court shall grant leave t0 designate the person as a responsible third party unless the obj ecting party establishes: (1) The defendant did not plead sufficient facts concerning the alleged responsibility 0f the person t0 satisfy the pleading requirement of the Texas Rules 0f Civil Procedure; and DEFENDANT’S MOTION T0 DESIGNATE RESPONSIBLE THIRD PARTY PAGE 2 (2) After having been granted leave t0 replead, the defendant failed t0 plead sufficient facts concerning the alleged responsibility of the person t0 satisfy the pleading requirements 0f the Texas Rules of Civil Procedure. TEX. CIV. PRAC. & REM. CODE § 33.004(g). 10. For this reason, motions for leave t0 designate responsible third parties are evaluated under a “fair notice” pleading standard rather than an evidentiary standard. See TEX. R. CIV. P. 47; In re CVR Energy, 1116.500 S.W. 3d 67, 80 (TeX. App. — Houston [lst Dist] 2016, mand. denied). Under this standard, “fair notice is achieved if the opposing party can ascertain from the pleading the nature and basic issues of the controversy, and what type 0f evidence might be relevant.” See Id. In evaluating whether the fair notice standard has been met in the context 0f a motion for leave t0 designate responsible third parties, courts “may not review the truth 0f the allegations 0r consider the strength 0f the defendant’s evidence.” See Id. 11. Under Chapter 33 of the TEXAS CIVIL PRACTICE AND REMEDIES CODE, a “responsible third party” is: any person Who is alleged t0 have caused or contributed to causing in any way the harm for Which recovery of damages is sought, whether by negligent act 0r omission, by any defective 0r unreasonably dangerous product, by other conduct 0r activity that violates an applicable legal standard, 0r by any combination of these. TEX. CIV. PRAC. & REM. CODE § 33.01 1(6). 12. In this case, Marquis Brown qualifies as a “responsible third party” as that term is defined under Chapter 33 of the Texas Civil Practice and Remedies Code, because Mr. Brown negligently failed t0 stay in a single lane, entered the right lane when it was unsafe t0 d0 so, and failed to yield the right-of—way t0 a vehicle that was already in the right lane. These negligent acts or omissions caused or contributed to cause the accident DEFENDANT’S MOTION T0 DESIGNATE RESPONSIBLE THIRD PARTY PAGE 3 that is the subject of this suit and the harm for Which the Plaintiff seeks to recover damages in the above—referenced cause. 13. Additionally, this matter has not yet been set for trial;therefore, this Motion is timely. 14. For these reasons, Marquis Brown is a Responsible Third Party, and the Motion for Leave to Designate him as such must be granted. III. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant, Buho One Trucking, LLC, prays for leave t0 designate Marquis Brown as a Responsible Third Party pursuant to Section 33.004 0f the Texas Civil Practice & Remedies Code, and for such other and further relief t0 which itmay show itself t0 be justly entitled. Respectfully submitted, THE BASSETT FIRM /s/Mike H. Bassett MIKE H. BASSETT SBN: 01890500 mbassett@thebassettfim.com RON T. CAPEHART SBN: 24009939 reapehart@thebassettfirm.com TWO Turtle Creek Village 3838 Oak Lawn Avenue, Suite 1300 Dallas, Texas 75219 (214) 219-9900 Telephone (214) 219-9456 Facsimile ATTORNEYS FOR DEFENDANT, BUHO ONE TRUCKING, LLC DEFENDANT’S MOTION To DESIGNATE RESPONSIBLE THIRD PARTY PAGE 4 CERTIFICATE OF CONFERENCE Pursuant to Local Rule 2.07, on March 18, 2020, counsel for Defendant, Buho One Trucking, LLC, e-mailed a copy of this Motion to Mr. Carson Runge, counsel for Plaintiff. On March 23, 2020, Mr. Runge confirmed that Plaintiff is opposed. Therefore, counsel for Defendant submits this matter to the Court for consideration. /s/ Mike H. Bassett MIKE H. BASSETT CERTIFICATE OF SERVICE Icertify that a true copy of this document was forwarded t0 the following counsel 0f record pursuant t0 the Texas Rules 0f Civil Procedure on this 23rd day 0f March, 2020. Via Eservice: Mr. Carson R. Runge Sloan Hatcher Perry Runge Robertson & Smith 101 East Whaley Street Post Office Drawer 2909 Longview, Texas 75606 /s/ Mike H. Bassett MIKE H. BASSETT DEFENDANT’S MOTION T0 DESIGNATE RESPONSIBLE THIRD PARTY PAGE 5