Preview
FILED
2/28/2022 9:40 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Eduardo Suarez DEPUTY
CAUSE NO. DC-21-18263
ROBYN LANGLEY IN THE DISTRICT COURT
§§§§§§
VS. 193RD JUDICIAL DISTRICT
NEWCRESTIMAGE HOLDINGS, LLC D/B/A
AC HOTEL DOWNTOWN DALLAS DALLAS COUNTY, TEXAS
DEFENDANT NEWCRESTIMAGE HOLDINGS. LLC D/B/A
AC HOTEL DOWNTOWN DALLAS
ORIGINAL ANSWER AND JURY DEMAND
T0 THE HONORABLE JUDGE 0F SAID COURT:
COMES NOW Defendant NEWCRESTIMAGE HOLDINGS, LLC d/b/a AC HOTEL
DOWNTOWN DALLAS ("Defendant") and files this its Original Answer and Jury Demand,
and in support thereof, would respectfully show the Court as follows:
I.
Defendant denies each and every, all and singular, the allegations contained in Plaintiffs’
Original Petition and demands strict proof thereof as required by law.
II.
Further answering in the alternative and by way of defense, Defendant alleges that the
occurrence in question and the alleged damages were the result of criminal acts by a third party
for which Defendant is not responsible and Defendant designates the unknown criminal actor “Jane
Doe” as a responsible third party.
III.
Further answering in the alternative and by way of defense, Defendant alleges that
the occurrence in question and the alleged damages were the result of intervening acts, events and
conditions created by persons over whom this Defendant had no control, or the result of a new and
LAW OFFICES OF
BURT BARR & ASSOCIATES, L.L.P.
P.o. Box 223667
DALLAS, TEXAS 75222-3667 DEFENDANT? QRIQINAL AN§WER— Page 1
independent cause.
IV.
Further answering in the alternative and by way of defense, Defendant states that Plaintiff“ s
own negligence was the proximate cause of Plaintiff‘s injuries and damages, if any. Defendant
pleads the doctrine of proportionate responsibility as contained in Chapter 33 of the Texas Civil
Practice and Remedies Code.
V.
Further answering in the alternative and by way of defense, Defendant would state that the
Plaintiff failed to mitigate her alleged damages, for which this Defendant should not be held
responsible.
VI.
Further answering in the alternative and by way of defense, Defendant is entitled to a credit,
offset and/or reduction in the medical expenses/bills alleged by the Plaintiffs to have been
proximately caused by the incident made the basis of this lawsuit to the amount actually paid or
incurred by or on behalf of the claimants pursuant to Tex. Civ. Prac. & Rem. Code §41.0105.
VII.
Further answering in the alternative and by way of defense, Defendant would show that, if
necessary, in response to any plea by Plaintiff for punitive and exemplary damages, Defendant
asserts that Plaintiff s claims for punitive and exemplary damages are barred and/or limited by the
Due Process Clause of both the United States and Texas Constitutions. Defendant fiirther states
that an award of punitive or exemplary damages would constitute the imposition of a criminal
penalty without safeguards guaranteed by the Fifth, Sixth, Eighth and Fourteenth Amendments of
LAW OFFICES OF
BURT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667
DALLAS, TEXAS 75222-3667
DEFENDANT's QRIQINAL AN§WER— Page 2
the Texas Constitution. Furthermore, the imposition of punitive or exemplary damages constitutes
an excessive fine under the Eighth Amendment, deny Defendant’s equal protection of the laws
under the Fourteenth Amendment, and Violate the due process clauses of the Fourth and Fourteenth
Amendments. Defendant pleads that any claims by Plaintiff for exemplary or punitive damages
should be stricken as unconstitutional and any award of exemplary or punitive damages be set
aside for the reasons stated above.
VIII.
Further answering in the alternative and by way of defense, Defendant pleads the
limitations of recovery of exemplary damages as set forth in Chapter 41 of the Texas Civil Practice
and Remedies Code, including but not limited to Sections 41.005 and 41.008.
IX.
Defendant requests a jury trial be had in this case and tenders fee accordingly.
X.
RULE 1937 NOTICE
The documents produced by Plaintiffs in response to Defendant’s written discovery are
authenticated pursuant to rule 193.7 of the Texas Rules of Civil Procedure and will be used by
Defendant at any trial or hearing.
WHEREFORE, PREMISES CONSIDERED, Defendants pray that Plaintiff take nothing
by this suit, that all relief requested in Plaintiff’s Original Petition or any amendments thereto be
denied, and for such other and fiirther relief to which Defendants may be justly entitled to under
the law or in equity.
LAW OFFICES OF
BURT BARR & ASSOCIATES, L.L.P.
P.o. Box 223667
DALLAS, TEXAS 75222-3667
DEFENDANT'§ QRIQINAL ANSWER— Page 3
Respectfully submitted,
BURT BARR & ASSOCIATES, L.L.P.
BY: Y. Duperroir
/s/ Christine
JOHN HOLMAN BARR
SBN: 01798700
jbarr@bbarr.com
CHRISTINE Y. DUPERROIR
SBN: 22162600
cduperroir@bbarr.com
P.O. BOX 223667
DALLAS, TEXAS 7 5222-3667
(214) 943-0012- TELEPHONE
(214) 943-0048- FACSIMILE
ATTORNEY FOR DEFENDANT
LAW OFFICES OF
BURT BARR & ASSOCIATES, L.L.P.
P.o. Box 223667
DALLAS, TEXAS 75222-3667
DEFENDANTS QRIQINAL AN§WER— Page 4
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing Original Answer to Plaintiff’ s Original
Petition and Jury Demand was served, pursuant to Rule 21a of the Texas Rules of Civil Procedure,
on all counsel of record on the 28th day of February 2022.
BY: /s/ Christine Y. Duperroir
Christine Y. Duperroir
LAW OFFICES OF
BURT BARR & ASSOCIATES, L.L.P.
P.o. Box 223667
DALLAS, TEXAS 75222-3667
DEFENDANT'§ QRIQINAL AN§WER— Page 5
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
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Christine Duperroir on behalf of Christine Duperroir
Bar No. 22162600
cduperroir@bbarr.com
Envelope ID: 62122635
Status as of 2/28/2022 11:50 AM CST
Associated Case Party: ROBYN LANGLEY
Name BarNumber Email TimestampSubmitted Status
Wolf Law PLLC service@wolflawpllc.com 2/28/2022 9:40:40 AM SENT
JULIE FWOLF julie@wolflawpllc.com 2/28/2022 9:40:40 AM ERROR
Associated Case Party: NEWCRESTIMAGE HOLDINGS, LLC
Name BarNumber Email TimestampSubmitted Status
Autumn Herron aherron@bbarr.com 2/28/2022 9:40:40 AM SENT
Christine YDuperroir cduperroir@bbarr.com 2/28/2022 9:40:40 AM SENT
Preview
FILED 2/28/2022 9:40 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Eduardo Suarez DEPUTY CAUSE NO. DC-21-18263 ROBYN LANGLEY IN THE DISTRICT COURT §§§§§§ VS. 193RD JUDICIAL DISTRICT NEWCRESTIMAGE HOLDINGS, LLC D/B/A AC HOTEL DOWNTOWN DALLAS DALLAS COUNTY, TEXAS DEFENDANT NEWCRESTIMAGE HOLDINGS. LLC D/B/A AC HOTEL DOWNTOWN DALLAS ORIGINAL ANSWER AND JURY DEMAND T0 THE HONORABLE JUDGE 0F SAID COURT: COMES NOW Defendant NEWCRESTIMAGE HOLDINGS, LLC d/b/a AC HOTEL DOWNTOWN DALLAS ("Defendant") and files this its Original Answer and Jury Demand, and in support thereof, would respectfully show the Court as follows: I. Defendant denies each and every, all and singular, the allegations contained in Plaintiffs’ Original Petition and demands strict proof thereof as required by law. II. Further answering in the alternative and by way of defense, Defendant alleges that the occurrence in question and the alleged damages were the result of criminal acts by a third party for which Defendant is not responsible and Defendant designates the unknown criminal actor “Jane Doe” as a responsible third party. III. Further answering in the alternative and by way of defense, Defendant alleges that the occurrence in question and the alleged damages were the result of intervening acts, events and conditions created by persons over whom this Defendant had no control, or the result of a new and LAW OFFICES OF BURT BARR & ASSOCIATES, L.L.P. P.o. Box 223667 DALLAS, TEXAS 75222-3667 DEFENDANT? QRIQINAL AN§WER— Page 1 independent cause. IV. Further answering in the alternative and by way of defense, Defendant states that Plaintiff“ s own negligence was the proximate cause of Plaintiff‘s injuries and damages, if any. Defendant pleads the doctrine of proportionate responsibility as contained in Chapter 33 of the Texas Civil Practice and Remedies Code. V. Further answering in the alternative and by way of defense, Defendant would state that the Plaintiff failed to mitigate her alleged damages, for which this Defendant should not be held responsible. VI. Further answering in the alternative and by way of defense, Defendant is entitled to a credit, offset and/or reduction in the medical expenses/bills alleged by the Plaintiffs to have been proximately caused by the incident made the basis of this lawsuit to the amount actually paid or incurred by or on behalf of the claimants pursuant to Tex. Civ. Prac. & Rem. Code §41.0105. VII. Further answering in the alternative and by way of defense, Defendant would show that, if necessary, in response to any plea by Plaintiff for punitive and exemplary damages, Defendant asserts that Plaintiff s claims for punitive and exemplary damages are barred and/or limited by the Due Process Clause of both the United States and Texas Constitutions. Defendant fiirther states that an award of punitive or exemplary damages would constitute the imposition of a criminal penalty without safeguards guaranteed by the Fifth, Sixth, Eighth and Fourteenth Amendments of LAW OFFICES OF BURT BARR & ASSOCIATES, L.L.P. P.O. BOX 223667 DALLAS, TEXAS 75222-3667 DEFENDANT's QRIQINAL AN§WER— Page 2 the Texas Constitution. Furthermore, the imposition of punitive or exemplary damages constitutes an excessive fine under the Eighth Amendment, deny Defendant’s equal protection of the laws under the Fourteenth Amendment, and Violate the due process clauses of the Fourth and Fourteenth Amendments. Defendant pleads that any claims by Plaintiff for exemplary or punitive damages should be stricken as unconstitutional and any award of exemplary or punitive damages be set aside for the reasons stated above. VIII. Further answering in the alternative and by way of defense, Defendant pleads the limitations of recovery of exemplary damages as set forth in Chapter 41 of the Texas Civil Practice and Remedies Code, including but not limited to Sections 41.005 and 41.008. IX. Defendant requests a jury trial be had in this case and tenders fee accordingly. X. RULE 1937 NOTICE The documents produced by Plaintiffs in response to Defendant’s written discovery are authenticated pursuant to rule 193.7 of the Texas Rules of Civil Procedure and will be used by Defendant at any trial or hearing. WHEREFORE, PREMISES CONSIDERED, Defendants pray that Plaintiff take nothing by this suit, that all relief requested in Plaintiff’s Original Petition or any amendments thereto be denied, and for such other and fiirther relief to which Defendants may be justly entitled to under the law or in equity. LAW OFFICES OF BURT BARR & ASSOCIATES, L.L.P. P.o. Box 223667 DALLAS, TEXAS 75222-3667 DEFENDANT'§ QRIQINAL ANSWER— Page 3 Respectfully submitted, BURT BARR & ASSOCIATES, L.L.P. BY: Y. Duperroir /s/ Christine JOHN HOLMAN BARR SBN: 01798700 jbarr@bbarr.com CHRISTINE Y. DUPERROIR SBN: 22162600 cduperroir@bbarr.com P.O. BOX 223667 DALLAS, TEXAS 7 5222-3667 (214) 943-0012- TELEPHONE (214) 943-0048- FACSIMILE ATTORNEY FOR DEFENDANT LAW OFFICES OF BURT BARR & ASSOCIATES, L.L.P. P.o. Box 223667 DALLAS, TEXAS 75222-3667 DEFENDANTS QRIQINAL AN§WER— Page 4 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Original Answer to Plaintiff’ s Original Petition and Jury Demand was served, pursuant to Rule 21a of the Texas Rules of Civil Procedure, on all counsel of record on the 28th day of February 2022. BY: /s/ Christine Y. Duperroir Christine Y. Duperroir LAW OFFICES OF BURT BARR & ASSOCIATES, L.L.P. P.o. Box 223667 DALLAS, TEXAS 75222-3667 DEFENDANT'§ QRIQINAL AN§WER— Page 5 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 certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Christine Duperroir on behalf of Christine Duperroir Bar No. 22162600 cduperroir@bbarr.com Envelope ID: 62122635 Status as of 2/28/2022 11:50 AM CST Associated Case Party: ROBYN LANGLEY Name BarNumber Email TimestampSubmitted Status Wolf Law PLLC service@wolflawpllc.com 2/28/2022 9:40:40 AM SENT JULIE FWOLF julie@wolflawpllc.com 2/28/2022 9:40:40 AM ERROR Associated Case Party: NEWCRESTIMAGE HOLDINGS, LLC Name BarNumber Email TimestampSubmitted Status Autumn Herron aherron@bbarr.com 2/28/2022 9:40:40 AM SENT Christine YDuperroir cduperroir@bbarr.com 2/28/2022 9:40:40 AM SENT