On March 09, 2021 a Defendant Courtney Landry, MD's Original Answer, Request for Jury Trial and Request for Disclosures - Answer/Contest/Response/Waiver Index # 25 was filed involving a dispute between Lightfoot, Jan, and Brams, Matt, Capocyan, Owen, Md, Cauley, Ronnie, Cox, Joshua, Ferguson, Donna, Fort Bend County Sheriff'S Deputy Joshua Cox, Fort Bend County Sheriff'S Deputy Marisa Salas, Fort Bend Sheriff County Office, Greater Houston Psychiatric Associates, Greater Houston Psychiatric Associates, P.L.L.C., Landry, Cathy, Rn, Landry, Courtney, Md, Looper, Louisa, Mao, Vivian, Mcgowan, Robin, Mclean, Marjorie, Nehls, Troy, Oak Bend Medical Center, Oak Bend Medical Group, Oliver, Katherine, Psychiatric Center Of Houston, Psychiatric Center Of Houston, Inc., Raichman, Jorge, Md, Raichman, Md, P.A, Jorge, Rose-Rich Em Physicians, Rose-Rich Em Physicians, P.L.L.C., Sanchez, Angelica, Slaas, Marisa, Texas Health And Human Services Commission, Uzomah, Austin C, Way, Er, Williams, Woodham, Robert, Md, for Injury or Damage Other Professional Malpractice in the District Court of Fort Bend County.
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CAUSE NO. 21-DCV-281435 DR. JAN LIGHTFOOT aka JAN IN THE DISTRICT COURT OF CHRISTOPHER Plaintiff FORT BEND COUNTY, TEXAS OAK BEND MEDICAL CENTER, et al Defendants th JUDICIAL DISTRICT DEFENDANT COURTNEY LANDRY, MD’S ORIGINAL ANSWER, REQUEST FOR JURY TRIAL AND REQUEST FOR DISCLOSURES TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant COURTNEY LANDRY, MD (Defendant) and files this Original Answer, Request for Jury Trial and Request for Disclosures. In support thereof, Defendant would show the Court as follows: GENERAL DENIAL Defendant asserts a general denial as authorized by TEX R. IV P. 92. Defendant respectfully requests that Plaintiff be required to prove the charges and allegations against it by a preponderance of the evidence as is required by the Constitution and the laws of the State of Texas. CONTRIBUTORY NEGLIGENCE Defendant asserts the defenses of comparative responsibility and contributory negligence and ask the jury to compare the extent to which each party, whether or not joined in this lawsuit, caused the event(s) in question and the alleged damages Plaintiff seeks to recover. CASE BARRED BY THE STATUTE OF LIMITATIONS Defendant affirmatively pleads that Plaintiff’s claim is barred by the applicable statute of limitations. Page of 251924550v.1 CONTRIBUTION Defendant invokes the legal doctrine that permits defendants to elect between submission of issues against other entities that have paid money to the plaintiffs in settlement of liability for this cause of action and the taking of a credit for such money as have been paid to extinguish such liability. This pleading is directed at any such settlement Plaintiff entered into with entities who are not parties to this action and will not be made so, as well as entities who are not parties to this action but will or may be added later as defendants. UNAVOIDABLE ACCIDENT Defendant would show that the occurrence made the basis of this lawsuit was unavoidable, as that term is defined at law, or could not have been prevented by reasonable foresight or care. THIRD PARTY LIABILITY In the alternative, Defendant would further show that Plaintiff’s injuries and damages made the basis of this lawsuit, if any, were solely caused by the acts or omissions of a party or parties other than the Defendant, over whom the Defendant possessed no right of control, and for whom the Defendant is not responsible at law. PRE-EXISTING INJURY In the alternative, Defendant would further show that any injuries, damages, or liability complained of by the Plaintiff is the result, in whole or in part, of pre-existing conditions and disabilities and are not the result of any act or omission on the part of the Defendant. HEALTH CARE LIABILITY CLAIM GOVERNED BY CHAPTER 74 OF THE CPRC Defendant affirmatively pleads that this lawsuit is a health care liability claim governed by Chapter 74 of the TEX IV RAC EM ODE. Page of 251924550v.1 LIMITATION OF CIVIL LIABILITY Defendant pleads the civil liability limitations set forth in TEX IV RAC EM ODE §§74.301-74.303, as applicable. GROSS NEGLIGENCE Defendant specifically denies that any of their acts or omissions were malicious, willful, wanton, reckless or grossly negligent. Defendant further specifically denies that any act or omission under the facts of this case justifies any claim for exemplary or punitive damages. Defendant, therefore, assert that such claims are subject to the following limitations and constitutional violations: a. Due process requires proof of gross negligence by a standard greater than the preponderance of evidence. Defendant respectfully requests that Plaintiff be required to prove her claims for gross negligence and punitive damages by clear and convincing evidence as is required by the Constitution and the laws of the State of Texas. Due process requires proof of more than mere negligence in order to constitute gross negligence. Defendant therefore requests clear and precise jury instructions and standards for gross negligence and punitive or exemplary damages. c. The lack of safeguards and standards for punitive or exemplary damage awards constitute a violation of the Fifth, Sixth, Eighth and Fourteenth Amendments of the United States Constitution. The absence of reasonable safeguards, procedures, and trial and appellate standards for an award of punitive or exemplary damages constitutes a violation of Article I, §§ 3, 13 and 19 of the Texas Constitution. e. Recovery of punitive or exemplary damages constitutes a violation of Article 16, § 26 of the Texas Constitution. f. Each special issue or question that pertains to an award of punitive or exemplary damages must be based on a unanimous jury verdict. g. A trial in which punitive or exemplary damages are sought must be bifurcated to preserve defendants’ due process rights under the Texas and United States Constitutions. Page of 251924550v.1 Defendant affirmatively pleads the limitations on compensatory and exemplary damages awards pursuant to TEX IV RAC EM ODE §§ 74.301 and/or 74.302. i. Defendant affirmatively pleads the limitations on exemplary damages pursuant to TEX IV RAC EM ODE §§ 41.003 and 41.008(b). PAID V. INCURRED Defendant asserts that any medical or healthcare expenses Plaintiff seeks as damages are limited pursuant to TEX IV RAC EM ODE §41.0105 to the amount actually paid by or on behalf of the Plaintiff. PERIODIC PAYMENT PROVISION In the unlikely event of an adverse judgment against them, Defendant affirmatively pleads the application of periodic payments as set forth in TEX IV RAC EM ODE NOTICE OF DOCUMENTS TO BE USED AT TRIAL Pursuant to TEX R. IV P. 193.7, Defendant hereby notifies all parties of its intent to use all documents exchanged and produced between the parties in discovery, including but not limited to correspondence, discovery responses, and deposition exhibits, during the trial of the case. JURY DEMAND 12. Defendant requests a jury trial. On information and belief, the jury fee has been paid. REQUEST FOR DISCLOSURE 13. Pursuant to TEX R. IV P. 194, Plaintiff is requested to provide the items delineated in sections (a)-(l) of Rule 194.2. WHEREFORE, PREMISES CONSIDERED, Defendant, DUANE N. AWKAR, MD prays that Plaintiff take nothing by reason of the allegations being made against Defendant, that Defendant be discharged with its costs, and for such other and further relief, at law and in equity, to which Defendant is entitled. Page of 251924550v.1 Respectfully Submitted, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: /s/ John R. Shepperd John Shepperd State Bar No. 18236050 Christina Huston State Bar No. 45007043 909 Fannin, Suite 3300 Houston, Texas 77010 Telephone: (713) 353-2000 Facsimile: (713) 785-7780 John.shepperd@wilsonelser.com ATTORNEYS FOR DEFENDANT COURTNEY LANDRY, MD CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all counsel of record in accordance with the TRCP on this 5th day of April, 2021. Via Eservice and via email aqrawi@aqrawilaw.com aiken@aqrawilaw.com g.lawrence@aqrawilaw.com Walter Agrawi Aaron Aiken GN Lawrence Agrawi & Associates, PLLC 3033 Chimney Rock Rd, Suite 300 Houston, TX 77056-257 Attorneys for Plaintiff /s/ John R. Shepperd John R. Shepperd Page of 251924550v.1