Preview
5/22/2020 12:14 PM
Velva L. Price
District Clerk
Travis County
CAUSE NO. D-1-GN-20-001464 D-1-GN-20-001464
Aaron Cobb
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ANMARIE RAE ULERY § IN THE DISTRICT COURT
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§ 98th JUDICIAL DISTRICT
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JESSICA MARIE VASQUEZ §
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§ TRAVIS COUNTY, TEXAS
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PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES
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TO: Defendant, Jessica Marie Vasquez, by and through her attorney of record, Scott
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B. Talbott, MEYNIER, REESE, LIBER and MATTE, 3800 Horizon Hill, Suite 101
San Antonio, Texas 78229.
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Pursuant to the Texas Rules of Civil Procedure, ANMARIE ULERY, Plaintiff in the above-styled
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and numbered case, submits the following response and to Defendants’ First Set of Interrogatories.
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Respectfully submitted,
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HENSLEY LAW FIRM
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________________________
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By: Deborah Hensley Loewe
deborah@hensleylawfirm.com
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Edward Hensley
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ESERVICE: litigation@hensleylawfirm.com
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706 W. Ben White Blvd., Bldg. B Ste 235
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Austin, Texas 78704
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(512) 476-9988
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ATTORNEYS FOR PLAINTIFF
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PLAINTIFFS RESPONSE TO DEFENDANT'S FIRST
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SET OF INTERROGATORIES
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1. State your full name, all other names by which you have been known, current address,
telephone number, date and place of birth, social security number, branches of military
served in, military rank, date of discharge from military service and current driver's
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license number and the restrictions, if any, on that driver’s license at the time of the
accident.
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ANSWER: AnMarie Rae Ulery, 3404 Peregrine Falcon Dr Austin, Texas 78746,
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XXX-XX-XX44, No Military Service. TX DL: 33530530 No Restrictions.
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2. State the name, address, telephone number of each physician, hospital, clinic and other
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health professionals, including your present treating individual(s) and entities, whom you
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have seen for treatment of any injuries/medical conditions sustained as a result of the
accident made the basis of this suit, the dates on which you have been seen, an
itemization of the total charges from each, the treatment given, and the diagnosis and
prognosis for any injuries/medical conditions.
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ANSWER: See Exhibit M: Non Retained Experts
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3. State the date, location, name of other parties involved and a brief description of all
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automobile and motorcycle accidents you have been involved in as a driver, passenger or
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pedestrian in the 10 years prior to the date of the accident made the basis of this lawsuit
and subsequent to the accident date.
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ANSWER: Date: 2013 Wreck; turning left; someone hit left side of my car. No injuries, no
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subsequent wrecks
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4. Other than the alleged injury/medical condition complained of in this suit, have you
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suffered any injury, medical condition or significant illness in the 10 years prior to the
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date of the accident made the basis of this lawsuit and subsequent to the accident date.
Additionally, is there any injury, medical condition or significant illness you sustained over
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10 years ago where you were still suffering from the effects, to any degree, at the time of
the accident made the basis of this lawsuit. Please provide the following regarding
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the above questions:
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a. State the nature of the injury, medical condition and significant illness, how the
injury, medical condition and significant illness occurred, the date of the injury,
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medical condition and significant illness. None
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b. State the name, business address, and telephone number of any treating
physicians, clinics, hospitals and other health professionals you saw or consulted
with for the injury, medical condition and significant illness, the medical
treatment received, the diagnosis and prognosis you were given. None prior to
wreck
c. Describe any permanent condition or disability resulting from the injury, medical
condition and significant illness. None prior to car wreck
State the names, addresses and telephone numbers of the facilities where you have had diagnostic
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tests performed in the past 10 years, including but not limited to x-rays, MRIs, CT scans,
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myelograms, nerve conduction studies, EMGs and diskograms.
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ANSWER: 2012 CT Scan for Ovarian Cysts; Do not recall the facility
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5. State the name, address, and telephone number of your family doctor(s) or primary care
physician(s), the length of time you have treated with him/her, and the date you last saw
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your family doctor or primary care physician.
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ANSWER: See Exhibit M: Non Retained Experts
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6. State your work history for the past ten years, including for each period of employment
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the name, address and telephone number of your employer, your supervisor, your rate of
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pay, your job title,your job duties, the dates of your employment and the reason(s) for
termination. Include the above information for your current employment if you are now
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employed. If you lost time from work, state the number of days, or hours for partial days
lost, and specific dates you were unable to work because of the accident made the basis
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of this lawsuit. Also, please state the total amount of wages lost due to the accident made
the basis of this lawsuit.
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ANSWER: Last Job internship $600-$700 a month, Academy 6 months $12.00 per hour
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7. Give an account of how the accident occurred, including the events leading up to the
accident, your activities just prior to the accident, the street and lane in which you were
.
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riding or driving, the type of traffic controls in the area, the posted speed limit, the positions
of all vehicles involved in the accident, the speed of the vehicle you were occupying at
impact and the speed of all other vehicles involved in the accident at the time of impact.
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This interrogatory is not intended to exceed the scope of Tex. R. Civ. P. 197.1.
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ANSWER: I was driving down the road in the right lane on 79, there are two lanes in each
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direction, she was coming fast behind me I moved to the left lane. I could not get out of the
way fast enough, to avoid getting hit. I saw her headlights rapidly approaching. She hit me
and my car fishtailed, accelerated forward and I blacked out for a few seconds. I remember
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the impact and then shot forward into a ditch (median that separates the oncoming lanes of
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traffic. The woman who hit me was very quiet, she had her kid in the car and was nervous.
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8. State the parts of the vehicle you occupied that were damaged as a result of the accident,
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its fair market value immediately before and after the accident, the cost of repairs,
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whether the damage has been repaired, its fair market value immediately before and after
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the repairs and the name, address and telephone number of the individual or entity that
repaired that vehicle.
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ANSWER: Vehicle was a total loss.
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9. Please state all conversations that occurred between you and anyone concerning the
incident made the basis of this lawsuit, including but not limited to the Defendant, and
state the names, addresses and telephone numbers of all persons who overheard these
conversations. Further, please state all conversations you overheard between anyone at
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the accident scene and state the names, addresses and telephone numbers of those persons
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involved in those conversations. This interrogatory is not requesting any conversations
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protected by the attorney-client privilege.
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ANSWER: None
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10. State whether you have plead guilty to or have been convicted of a crime involving moral
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turpitude or a felony or released from confinement for either within ten (10) years of the
date these answers are filed, and if so, please state the date, the state and county of the
offense, the nature of the charge, and the ultimate disposition of the case.
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ANSWER: None
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11. Describe the nature and amount of any and all medications, drugs and/or alcoholic
beverages and/or intoxicants of any type that you ingested during the twenty-four (24) hour
period before the accident made the basis of this suit.
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ANSWER: None
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12. State the license number of the vehicle you were occupying at the time of the accident,
the name, address and telephone number of the driver of the vehicle you were occupying
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at the time of the accident and the name, address and telephone number of the owner of
this vehicle.
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ANSWER: See Exhibit P: Photos, I was the driver and owner of the vehicle.
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13. If weather, lighting conditions, visibility, obstructions or any similar factor contributed to
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the accident made the basis of this lawsuit, state the factor or factors and the manner in
which each contributed to the accident.
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ANSWER: No, the weather was clear; she fell asleep.
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14. Pursuant to Texas Rule of Evidence 609(f), please state the evidence of any conviction
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(by stating offense, disposition, year of the offense, cause number, court, and county in
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which the offense occurred) which you intend to use at the trial of this matter regarding the
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Defendant or any witnesses identified as trial witnesses by the Defendant.
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ANSWER: None at this time.
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15. What were you able to do before the accident that you are unable to do as a result of the
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accident?
ANSWER: I can no longer play volleyball due to the neck pain., and I am limited on the
duties I can do at my job. Keeps me from falling asleep, hard to get comfortable, I work
with birds, looking up makes my neck hurt, can’t look up for more than 7 seconds before I
have pain, & with binoculars looking up hurts immediately.
16. Please list each injury and medical condition sustained by you in the accident made the
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basis of this lawsuit as well as each body part which was injured by you in the accident
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made the basis of this lawsuit. Also state where on and in your body you felt pain, the
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severity of that pain and for how long as itrelates to the accident made the basis of this
lawsuit. This interrogatory does not seek a medical opinion but your lay opinion. This
interrogatory necessarily requires a sworn answer and not a reference to medical or other
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types of records.
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ANSWER: Lower Back, Mid Back, Neck Pain
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17. Pursuant to §41.0105 of the Civil Practice & Remedies Code, state specifically what
amount of each medical/healthcare bill was actually paid or incurred by or on behalf of
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Plaintiff. Identify in your answer any amounts paid by any other person or entity, including
but not limited to Medicare, Medicaid, and/or other healthcare insurance companies. Next,
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identify all healthcare insurance companies you had coverage through at the time of the
accident made the basis of this lawsuit including, but not limited to, Medicare and Medicaid.
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Finally, please state the balance of medical expenses you owe, if any.
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ANSWER: See Exhibit C: Itemized Expenses
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18. During any time within the 15 minutes prior to the accident made the basis of this lawsuit
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were you using, operating, communicating, viewing, etc., any electronic device? If so,
please describe.
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ANSWER: My house is 4 miles from wreck, before I left home, I put in the GPS for my
bosses home, I was dog sitting in North Austin.
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19. Have you posted any writings, messages, texts, electronic mail, instant messages, pictures,
or other information that in any way references or depicts the subject incident or your
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alleged injuries and damages, on the websites of MySpace, Facebook, Twitter or
any other social network? If so, please state:
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a. what the communication/posting was (i.e. photo, written communication, et al)
b. when the communication/posting was made;
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c. where the communication/posting was made (i.e. on what social network or
technological device);
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d. what the general substance of communication is/was.
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ANSWER: NONE
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CERTIFICATE OF SERVICE
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I hereby certify that a true and correct copy of Plaintiff’s Responses to Defendant’s First Set of
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Interrogatories was forwarded to the following counsel of record this _22nd___ day of __May_,
2020.
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Via E-FILE
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Scott B. Talbot
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MEYNIER, REESE, LIBER & MATTE
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3800 Horizon Hill, Suite 101
San Antonio, Texas 78229
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P: 210-610-3930
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F: 866-841-2374
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__________________________
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tri DEBORAH HENSLEY LOEWE
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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
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certificates of service have not changed. Filers must still provide a
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certificate of service that complies with all applicable rules.
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ciara cyphers on behalf of Deborah Hensley Loewe
Bar No. 793939
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litigation@hensleylawfirm.com
Envelope ID: 43183469
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Status as of 05/22/2020 12:26:11 PM -05:00
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Case Contacts
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Name BarNumber Email TimestampSubmitted Status
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Edward Hensley ed@hensleylawfirm.com 5/22/2020 12:14:27 PM SENT
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Deborah Hensley Loewe deborahhensley@hensleylawfirm.com 5/22/2020 12:14:27 PM SENT
ciara cyphers litigation@hensleylawfirm.com 5/22/2020 12:14:27 PM SENT
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Associated Case Party: JessicaMarieVasquez
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Name BarNumber Email TimestampSubmitted Status
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Scott Blaney Talbott 24028741 SanAntonioHC@progressive.com 5/22/2020 12:14:27 PM SENT
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Preview
5/22/2020 12:14 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-20-001464 D-1-GN-20-001464 Aaron Cobb e ANMARIE RAE ULERY § IN THE DISTRICT COURT ic § Pr § V. § § 98th JUDICIAL DISTRICT L. JESSICA MARIE VASQUEZ § § a § TRAVIS COUNTY, TEXAS lv Ve PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES k TO: Defendant, Jessica Marie Vasquez, by and through her attorney of record, Scott er B. Talbott, MEYNIER, REESE, LIBER and MATTE, 3800 Horizon Hill, Suite 101 San Antonio, Texas 78229. Cl Pursuant to the Texas Rules of Civil Procedure, ANMARIE ULERY, Plaintiff in the above-styled ct and numbered case, submits the following response and to Defendants’ First Set of Interrogatories. tri D is Respectfully submitted, . Co HENSLEY LAW FIRM is ________________________ av By: Deborah Hensley Loewe deborah@hensleylawfirm.com Tr Edward Hensley y ed@hensleylawfirm.com op ESERVICE: litigation@hensleylawfirm.com c 706 W. Ben White Blvd., Bldg. B Ste 235 l ia Austin, Texas 78704 fic (512) 476-9988 of ATTORNEYS FOR PLAINTIFF Un PLAINTIFFS RESPONSE TO DEFENDANT'S FIRST e SET OF INTERROGATORIES ic Pr 1. State your full name, all other names by which you have been known, current address, telephone number, date and place of birth, social security number, branches of military served in, military rank, date of discharge from military service and current driver's L. license number and the restrictions, if any, on that driver’s license at the time of the accident. a lv ANSWER: AnMarie Rae Ulery, 3404 Peregrine Falcon Dr Austin, Texas 78746, Ve XXX-XX-XX44, No Military Service. TX DL: 33530530 No Restrictions. k 2. State the name, address, telephone number of each physician, hospital, clinic and other er health professionals, including your present treating individual(s) and entities, whom you Cl have seen for treatment of any injuries/medical conditions sustained as a result of the accident made the basis of this suit, the dates on which you have been seen, an itemization of the total charges from each, the treatment given, and the diagnosis and prognosis for any injuries/medical conditions. ct tri ANSWER: See Exhibit M: Non Retained Experts D is 3. State the date, location, name of other parties involved and a brief description of all . automobile and motorcycle accidents you have been involved in as a driver, passenger or Co pedestrian in the 10 years prior to the date of the accident made the basis of this lawsuit and subsequent to the accident date. is ANSWER: Date: 2013 Wreck; turning left; someone hit left side of my car. No injuries, no av subsequent wrecks Tr 4. Other than the alleged injury/medical condition complained of in this suit, have you y suffered any injury, medical condition or significant illness in the 10 years prior to the op date of the accident made the basis of this lawsuit and subsequent to the accident date. Additionally, is there any injury, medical condition or significant illness you sustained over c 10 years ago where you were still suffering from the effects, to any degree, at the time of the accident made the basis of this lawsuit. Please provide the following regarding l ia the above questions: fic a. State the nature of the injury, medical condition and significant illness, how the injury, medical condition and significant illness occurred, the date of the injury, of medical condition and significant illness. None Un b. State the name, business address, and telephone number of any treating physicians, clinics, hospitals and other health professionals you saw or consulted with for the injury, medical condition and significant illness, the medical treatment received, the diagnosis and prognosis you were given. None prior to wreck c. Describe any permanent condition or disability resulting from the injury, medical condition and significant illness. None prior to car wreck State the names, addresses and telephone numbers of the facilities where you have had diagnostic e tests performed in the past 10 years, including but not limited to x-rays, MRIs, CT scans, ic myelograms, nerve conduction studies, EMGs and diskograms. Pr ANSWER: 2012 CT Scan for Ovarian Cysts; Do not recall the facility L. 5. State the name, address, and telephone number of your family doctor(s) or primary care physician(s), the length of time you have treated with him/her, and the date you last saw a your family doctor or primary care physician. lv ANSWER: See Exhibit M: Non Retained Experts Ve 6. State your work history for the past ten years, including for each period of employment k the name, address and telephone number of your employer, your supervisor, your rate of er pay, your job title,your job duties, the dates of your employment and the reason(s) for termination. Include the above information for your current employment if you are now Cl employed. If you lost time from work, state the number of days, or hours for partial days lost, and specific dates you were unable to work because of the accident made the basis ct of this lawsuit. Also, please state the total amount of wages lost due to the accident made the basis of this lawsuit. tri is ANSWER: Last Job internship $600-$700 a month, Academy 6 months $12.00 per hour D 7. Give an account of how the accident occurred, including the events leading up to the accident, your activities just prior to the accident, the street and lane in which you were . Co riding or driving, the type of traffic controls in the area, the posted speed limit, the positions of all vehicles involved in the accident, the speed of the vehicle you were occupying at impact and the speed of all other vehicles involved in the accident at the time of impact. is This interrogatory is not intended to exceed the scope of Tex. R. Civ. P. 197.1. av ANSWER: I was driving down the road in the right lane on 79, there are two lanes in each Tr direction, she was coming fast behind me I moved to the left lane. I could not get out of the way fast enough, to avoid getting hit. I saw her headlights rapidly approaching. She hit me and my car fishtailed, accelerated forward and I blacked out for a few seconds. I remember y the impact and then shot forward into a ditch (median that separates the oncoming lanes of op traffic. The woman who hit me was very quiet, she had her kid in the car and was nervous. c 8. State the parts of the vehicle you occupied that were damaged as a result of the accident, l its fair market value immediately before and after the accident, the cost of repairs, ia whether the damage has been repaired, its fair market value immediately before and after fic the repairs and the name, address and telephone number of the individual or entity that repaired that vehicle. of ANSWER: Vehicle was a total loss. Un 9. Please state all conversations that occurred between you and anyone concerning the incident made the basis of this lawsuit, including but not limited to the Defendant, and state the names, addresses and telephone numbers of all persons who overheard these conversations. Further, please state all conversations you overheard between anyone at e the accident scene and state the names, addresses and telephone numbers of those persons ic involved in those conversations. This interrogatory is not requesting any conversations Pr protected by the attorney-client privilege. L. ANSWER: None a lv 10. State whether you have plead guilty to or have been convicted of a crime involving moral Ve turpitude or a felony or released from confinement for either within ten (10) years of the date these answers are filed, and if so, please state the date, the state and county of the offense, the nature of the charge, and the ultimate disposition of the case. k er ANSWER: None Cl 11. Describe the nature and amount of any and all medications, drugs and/or alcoholic beverages and/or intoxicants of any type that you ingested during the twenty-four (24) hour period before the accident made the basis of this suit. ct tri ANSWER: None D is 12. State the license number of the vehicle you were occupying at the time of the accident, the name, address and telephone number of the driver of the vehicle you were occupying . Co at the time of the accident and the name, address and telephone number of the owner of this vehicle. is ANSWER: See Exhibit P: Photos, I was the driver and owner of the vehicle. av 13. If weather, lighting conditions, visibility, obstructions or any similar factor contributed to Tr the accident made the basis of this lawsuit, state the factor or factors and the manner in which each contributed to the accident. y ANSWER: No, the weather was clear; she fell asleep. op 14. Pursuant to Texas Rule of Evidence 609(f), please state the evidence of any conviction c (by stating offense, disposition, year of the offense, cause number, court, and county in l which the offense occurred) which you intend to use at the trial of this matter regarding the ia Defendant or any witnesses identified as trial witnesses by the Defendant. fic ANSWER: None at this time. of 15. What were you able to do before the accident that you are unable to do as a result of the Un accident? ANSWER: I can no longer play volleyball due to the neck pain., and I am limited on the duties I can do at my job. Keeps me from falling asleep, hard to get comfortable, I work with birds, looking up makes my neck hurt, can’t look up for more than 7 seconds before I have pain, & with binoculars looking up hurts immediately. 16. Please list each injury and medical condition sustained by you in the accident made the e basis of this lawsuit as well as each body part which was injured by you in the accident ic made the basis of this lawsuit. Also state where on and in your body you felt pain, the Pr severity of that pain and for how long as itrelates to the accident made the basis of this lawsuit. This interrogatory does not seek a medical opinion but your lay opinion. This interrogatory necessarily requires a sworn answer and not a reference to medical or other L. types of records. a ANSWER: Lower Back, Mid Back, Neck Pain lv Ve 17. Pursuant to §41.0105 of the Civil Practice & Remedies Code, state specifically what amount of each medical/healthcare bill was actually paid or incurred by or on behalf of k er Plaintiff. Identify in your answer any amounts paid by any other person or entity, including but not limited to Medicare, Medicaid, and/or other healthcare insurance companies. Next, Cl identify all healthcare insurance companies you had coverage through at the time of the accident made the basis of this lawsuit including, but not limited to, Medicare and Medicaid. ct Finally, please state the balance of medical expenses you owe, if any. tri ANSWER: See Exhibit C: Itemized Expenses is 18. During any time within the 15 minutes prior to the accident made the basis of this lawsuit D were you using, operating, communicating, viewing, etc., any electronic device? If so, please describe. . Co ANSWER: My house is 4 miles from wreck, before I left home, I put in the GPS for my bosses home, I was dog sitting in North Austin. is av 19. Have you posted any writings, messages, texts, electronic mail, instant messages, pictures, or other information that in any way references or depicts the subject incident or your Tr alleged injuries and damages, on the websites of MySpace, Facebook, Twitter or any other social network? If so, please state: y op a. what the communication/posting was (i.e. photo, written communication, et al) b. when the communication/posting was made; c c. where the communication/posting was made (i.e. on what social network or technological device); l ia d. what the general substance of communication is/was. fic ANSWER: NONE of Un -1- CERTIFICATE OF SERVICE e I hereby certify that a true and correct copy of Plaintiff’s Responses to Defendant’s First Set of ic Pr Interrogatories was forwarded to the following counsel of record this _22nd___ day of __May_, 2020. L. Via E-FILE a Scott B. Talbot lv MEYNIER, REESE, LIBER & MATTE Ve 3800 Horizon Hill, Suite 101 San Antonio, Texas 78229 k P: 210-610-3930 er F: 866-841-2374 Cl __________________________ ct tri DEBORAH HENSLEY LOEWE D is . Co is av Tr y op c l ia fic of Un -2- Un of fic ia l c op y Tr av is Co . D -3- is tri ct Cl er k Ve lv a L. Pr ic e 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 e certificates of service have not changed. Filers must still provide a ic certificate of service that complies with all applicable rules. Pr ciara cyphers on behalf of Deborah Hensley Loewe Bar No. 793939 L. litigation@hensleylawfirm.com Envelope ID: 43183469 a Status as of 05/22/2020 12:26:11 PM -05:00 lv Ve Case Contacts k Name BarNumber Email TimestampSubmitted Status er Edward Hensley ed@hensleylawfirm.com 5/22/2020 12:14:27 PM SENT Cl Deborah Hensley Loewe deborahhensley@hensleylawfirm.com 5/22/2020 12:14:27 PM SENT ciara cyphers litigation@hensleylawfirm.com 5/22/2020 12:14:27 PM SENT ct tri Associated Case Party: JessicaMarieVasquez D is Name BarNumber Email TimestampSubmitted Status . Scott Blaney Talbott 24028741 SanAntonioHC@progressive.com 5/22/2020 12:14:27 PM SENT Co is av Tr y op c l ia fic of Un