On November 12, 2015 a
Answer
was filed
involving a dispute between
Silva, Maribel,
Silva, Rick,
and
Acs Flooring Group Inc,
for PERSONAL INJ (NON-AUTO)
in the District Court of Harris County.
Preview
NO. 2015-
MARIBEL SILVA AND IN THE DISTRICT COURT
RICK SILVA
HARRIS COUNTY, TEXAS
VS.
333RD JUDICIAL DISTRICT
ACS FLOORING GROUP, INC.
DEFENDANT'S ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, ACS FLOORING GROUP, INC., Defendant in the above cause, and for
answer to Plaintiff's Original Petition and would show:
.
Pursuant to Tex. R. Civ. P. 92, Defendants deny each and every, all and singular, the material
allegations contained in Plaintiff's Original Petition and demands strict proof thereof as required by
the laws of this State of persons who bring suit as Plaintiff does in this case.
Subject to the foregoing general denial and without waiving the same, Defendants plead their
affirmative defenses pursuant to Tex. R. Civ. P. 94. Defendant shows the following:
a). Defendants plead Plaintiff was comparatively negligent. At the time and on the occasion
in question there was a failure on the part of the Plaintiff to exercise that degree of care of an
ordinarily prudent person under the same or similar circumstances, which failure proximately caused
or contributed to cause any injuries or damages sustained. Thus, Defendants contend their entitled
to submit jury questions concerning comparative negligence or proportionate responsibility.
b). Alternatively, Defendants would show that the accident was an unavoidable one as that
term is known in law.
c). Further, in the alternative, Defendant would show that the negligence of third parties for
whom this Defendant has no control or right of control is the sole proximate cause of Plaintiff's
injuries and damages.
III.
In accordance with Tex. R. Civ. P. 216 of the Texas Rules of Civil Procedure, Defendants
demand a trial by jury.
IV.
In addition, if such be necessary, Defendants state and allege their entitled to a credit or
offset for payments made to or on behalf of Plaintiff. Defendants also plead the “one source rule”
whereby Plaintiff is precluded from double recovery.
V.
Subject to the foregoing pled general denial and without waiving the same, Defendants plead
Plaintiff’s recovery of recovery of medical or health care expenses, if any, are limited to the amount
actually paid or incurred by or on Plaintiff’s behalf pursuant to §41.0105 Tex. Civ. Prac & Rem
Code. Plaintiff is precluded from seeking recovery on medical and health care fees and expenses
which have been written off and/or adjusted by the medical and health care provider.
VI.
Subject to the foregoing pled general denial and without waiving the same, Defendants plead
the provisions of Texas Finance Code Chapter 304 regarding limitations and restrictions on recovery
of prejudgment and post judgment interest, including the time period when prejudgment interest
actually accrues. Additionally, prejudgment interest may not be assessed or recovered on an award
of future damages.
VII.
DEFENDANTS’ TEX. R. CIV. P. 193.7
NOTICE OF SELF AUTHENTICATING DOCUMENTS
Subject to the foregoing general denial and without waiving the same, Defendants notify
Plaintiff that Plaintiff’s documents provided in response to Defendants’ written discovery
authenticates those documents for use against the Plaintiff at any pre-trial proceeding and at trial.
Defendants reserve the right to use all documents produced and disclosed by, through, and/or on
behalf of Plaintiff at all pre-trial proceedings and at trial and those documents are self authenticated
against Plaintiff pursuant to Tex. R Civ. P. 193.7. Documents would include medial and billing
records produced and/or disclosed by Plaintiff and any and all documents either produced or
disclosed by Plaintiff in response to these parties’ discovery requests.
VIII.
Defendants respectfully reserve the right at this time to amend this answer to the allegations
after having had the opportunity to more closely investigate these claims, as are the rights and
privileges for these Defendants under the Rules of Civil Procedure and the laws of the State of
Texas.
WHEREFORE PREMISES CONSIDERED, Defendant having fully answered herein,
prays that Defendant goes hence without delay for costs and for such other and further relief, both
special and general, at law and in equity, to which Defendant may be justly entitled.
Respectfully submitted,
LAW OFFICES OF KILPATRICK, WHITE & DEAS
BY:
Bonnie R. Rogers
SBN: 24027813
801 Louisiana Street, Suite 500
Houston, TX 77002
Phone: (713) 546-2000
Fax: (713) 228-3297
BonnieR.Rogers@libertymutual.com
Attorney for Defendant
ACS FLOORING GROUP, INC.
DEFENDANT DEMANDS A TRIAL BY JURY
CERTIFICATE OF SERVICE
I certify that on this 15th day of December, 2015, service required under these rules was
made pursuant to Rule 21a.
Douglas A. Daniels
Jeffrey M. Smith
DANIELS & TREDENNICK, LLP
6363 Woodway, Ste. 965
Houston, TX 77057
Telephone: (713) 917-0024
Facsimile: (713) 917-0026
Attorneys for Plaintiffs
Of Counsel
H.Q. Nguyen
NGUYEN LEFTT. P.C.
565 Fifth Avenue, 22nd Floor
New York, New York 10017
Telephone: (212) 256-1755
Facsimile: (212) 256-1756
Bonnie R. Rogers
Document Filed Date
December 15, 2015
Case Filing Date
November 12, 2015
Category
PERSONAL INJ (NON-AUTO)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
NO. 2015- MARIBEL SILVA AND IN THE DISTRICT COURT RICK SILVA HARRIS COUNTY, TEXAS VS. 333RD JUDICIAL DISTRICT ACS FLOORING GROUP, INC. DEFENDANT'S ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, ACS FLOORING GROUP, INC., Defendant in the above cause, and for answer to Plaintiff's Original Petition and would show: . Pursuant to Tex. R. Civ. P. 92, Defendants deny each and every, all and singular, the material allegations contained in Plaintiff's Original Petition and demands strict proof thereof as required by the laws of this State of persons who bring suit as Plaintiff does in this case. Subject to the foregoing general denial and without waiving the same, Defendants plead their affirmative defenses pursuant to Tex. R. Civ. P. 94. Defendant shows the following: a). Defendants plead Plaintiff was comparatively negligent. At the time and on the occasion in question there was a failure on the part of the Plaintiff to exercise that degree of care of an ordinarily prudent person under the same or similar circumstances, which failure proximately caused or contributed to cause any injuries or damages sustained. Thus, Defendants contend their entitled to submit jury questions concerning comparative negligence or proportionate responsibility. b). Alternatively, Defendants would show that the accident was an unavoidable one as that term is known in law. c). Further, in the alternative, Defendant would show that the negligence of third parties for whom this Defendant has no control or right of control is the sole proximate cause of Plaintiff's injuries and damages. III. In accordance with Tex. R. Civ. P. 216 of the Texas Rules of Civil Procedure, Defendants demand a trial by jury. IV. In addition, if such be necessary, Defendants state and allege their entitled to a credit or offset for payments made to or on behalf of Plaintiff. Defendants also plead the “one source rule” whereby Plaintiff is precluded from double recovery. V. Subject to the foregoing pled general denial and without waiving the same, Defendants plead Plaintiff’s recovery of recovery of medical or health care expenses, if any, are limited to the amount actually paid or incurred by or on Plaintiff’s behalf pursuant to §41.0105 Tex. Civ. Prac & Rem Code. Plaintiff is precluded from seeking recovery on medical and health care fees and expenses which have been written off and/or adjusted by the medical and health care provider. VI. Subject to the foregoing pled general denial and without waiving the same, Defendants plead the provisions of Texas Finance Code Chapter 304 regarding limitations and restrictions on recovery of prejudgment and post judgment interest, including the time period when prejudgment interest actually accrues. Additionally, prejudgment interest may not be assessed or recovered on an award of future damages. VII. DEFENDANTS’ TEX. R. CIV. P. 193.7 NOTICE OF SELF AUTHENTICATING DOCUMENTS Subject to the foregoing general denial and without waiving the same, Defendants notify Plaintiff that Plaintiff’s documents provided in response to Defendants’ written discovery authenticates those documents for use against the Plaintiff at any pre-trial proceeding and at trial. Defendants reserve the right to use all documents produced and disclosed by, through, and/or on behalf of Plaintiff at all pre-trial proceedings and at trial and those documents are self authenticated against Plaintiff pursuant to Tex. R Civ. P. 193.7. Documents would include medial and billing records produced and/or disclosed by Plaintiff and any and all documents either produced or disclosed by Plaintiff in response to these parties’ discovery requests. VIII. Defendants respectfully reserve the right at this time to amend this answer to the allegations after having had the opportunity to more closely investigate these claims, as are the rights and privileges for these Defendants under the Rules of Civil Procedure and the laws of the State of Texas. WHEREFORE PREMISES CONSIDERED, Defendant having fully answered herein, prays that Defendant goes hence without delay for costs and for such other and further relief, both special and general, at law and in equity, to which Defendant may be justly entitled. Respectfully submitted, LAW OFFICES OF KILPATRICK, WHITE & DEAS BY: Bonnie R. Rogers SBN: 24027813 801 Louisiana Street, Suite 500 Houston, TX 77002 Phone: (713) 546-2000 Fax: (713) 228-3297 BonnieR.Rogers@libertymutual.com Attorney for Defendant ACS FLOORING GROUP, INC. DEFENDANT DEMANDS A TRIAL BY JURY CERTIFICATE OF SERVICE I certify that on this 15th day of December, 2015, service required under these rules was made pursuant to Rule 21a. Douglas A. Daniels Jeffrey M. Smith DANIELS & TREDENNICK, LLP 6363 Woodway, Ste. 965 Houston, TX 77057 Telephone: (713) 917-0024 Facsimile: (713) 917-0026 Attorneys for Plaintiffs Of Counsel H.Q. Nguyen NGUYEN LEFTT. P.C. 565 Fifth Avenue, 22nd Floor New York, New York 10017 Telephone: (212) 256-1755 Facsimile: (212) 256-1756 Bonnie R. Rogers