Preview
FILED
3/30/2023 9:13 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Treva Parker-Ayodele DEPUTY
Cause No. DC-23-01394
JANICE JACKSON IN THE DISTRICT COURT
§§§§§§§
VS. DALLAS COUNTY, TEXAS
LELVIA E. LIZAMA AND HAMILTON
MARTINEZ CHICAS
192ND DISTRICT COURT
DEFENDANT LELVIA E. LIZAMA AND HAMILTON MARTINEZ CHICASS’
ORIGINAL ANSWER, JURY DEMAND, RULE 193.7 NOTICE AND FIRST SET OF
DISCOVERY REQUESTS TO PLAINTIFF
Defendants, LELVIA E. LIZAMA AND HAMILTON MARTINEZ CHICAS, file their
Original Answer, Jury Demand, Rule 193.7 Notice, and First Set of Discovery Requests to
Plaintiff, as follows:
1. Pursuant to Texas Rules of Civil Procedure 92, Defendants deny all material
allegations of fact, if any, set forth in Plaintiff’s Petition, and demands strict proof thereof.
2. Pleading in the affirmative, Defendants request that evidence concerning damages
comply with Texas Civil Practice & Remedies Code section 41.0105.
3. Pleading in the affirmative, Defendants request that evidence concerning damages
comply with Texas Civil Practice and Remedies Code section 18.091.
4. Defendants seek the protection of any statue and/or law which caps, restricts, limits or
modifies the amount of monetary damages which might be awarded against Defendant in
connection with this lawsuit.
5. Pursuant to Texas Rules of Civil Procedure 216, Defendants demand a jury trial.
6. Pursuant to Texas Rules of Civil Procedure 193.7, any and all documents
produced by Plaintiff in response to Defendant’s written discovery are intended to be used by
Defendants and shall be deemed as properly authenticated for use against Plaintiff in any pretrial
proceeding or trial of this case.
DISCOVERY REQUESTS
INSTRUCTIONS: A11 discovery responses must be delivered to the address of the scan
unit for Defendant's attorney which is: P.O. Box 258829, Oklahoma City OK 73125-8829, with
the name of the case and the LAW OFFICES OF FANAFF, GONZALES, BALDWIN &
CUNNINGHAM clearly marked. Alternately, the material can be faxed to (855) 472-9294 with
the name of the case and LAW OFFICES OF FANAFF, GONZALES, BALDWIN &
CUNNINGHAM FILE NUMBER clearly marked, or e-served to
dallaslaw@farmersinsurance.com. The LAW OFFICES OF FANAFF, GONZALES,
BALDWIN & CUNNINGHAM FILE NUMBER IS 23-647345.
A. REQUESTS FOR DISCLOSURE: (due 5/1/23)
Pursuant to Texas Rules of Civil Procedure 194, Defendants request that Plaintiff
disclose, within 3O days of service of this request, the information or material described in Rule
194.2(a)-(l) and Rule 190.2 (b) (6), if applicable. A response to a request under this rule is due
according to Texas Rules of Civil Procedure 195.2.
B. REQUESTS FOR PRODUCTION: (due 5/31/23)
Pursuant to Texas Rules of Civil Procedure 196, Plaintiff is requested to file a written
response Within 30 days after the service of this request and produce the requested documents as
noted in the discovery instructions above.
1. PHOTOGRAPHS, VIDEO, ILLUSTRATIONS, & ELECTRONIC IMAGES
All photographs, video, illustrations, animations and electronic images regarding this
incident in your care, custody, or control.
2. POLICE AND GOVERNMENTAL REPORTS
A copy of all police reports, fire department reports, and other governmental reports
regarding the incident which forms the basis of this lawsuit.
3. DRIVER’S LICENSE & IDENTIFICATION CARDS
A true, correct, and legible photocopy of the front and back of your current driver's
license.
4. PROPERTY DAMAGES
All estimates, invoices, bills, statements, receipts, and other documents detailing any
property damages sustained as a result of the incident which forms the basis of this
lawsuit, including but not limited to all documents which describe, itemize or support
any claims for property damage.
5. MEDICAL RECORDS AND BILLS
All medical records and bills detailing the costs and course of treatment the Plaintiff
received as a result of the injuries and pain alleged to have been caused by this
collision.
6. CRIMINAL RECORDS
All evidence of any felony convictions in the last 10 years, and/or any convictions of
crimes of moral turpitude in the past 5 years, of all parties to this lawsuit, including
each Plaintiff and Defendant, and all persons with knowledge of relevant facts
pursuant to Texas Rules of Evidence 609(f).
C. DEFENDANT’S FIRST INTERROGATORIES: (due 5/31/23)
Pursuant to Texas Rules of Civil Procedure 197, Defendant serves upon Plaintiff the
following written Interrogatories. Defendant additionally requests supplementation as required
by Texas Rules of Civil Procedure 193.5.
1. IDENTIFICATION INFORMATION
Please state the following:
a. Your full name and all other names used by you;
b. Date of birth;
c. Current home address;
d. Driver’s license number and State of issuance;
ANSWER:
2. THE INCIDENT WHICH FORMS THE BASIS 0F THIS LAWSUIT
Please briefly describe (in 3 sentences or less) how the incident made the basis of your
suit occurred. If you allege gross negligence, please state the factual basis supporting
your allegations.
ANSWER:
3. ALCOHOL & DRUGS
Did you or anyone else involved in the incident ingest an alcoholic beverage, controlled
substance, drug, prescription or non-prescription medication in the 24 hours period
immediately preceding the incident made the basis of your suit? If yes, please describe
the type of alcoholic beverage and/or the name of the substance or drug and the amount
ingested.
ANSWER:
4. CONVERSATIONS
Please briefly describe (in 3 sentences or less) all conversations you had at the scene of
the incident with any person as well as all statements you overhead any party to this
lawsuit or Witness make concerning any of the events which form the basis of this
lawsuit.
ANSWER:
5. INJURIES
Please briefly describe (in 3 sentences or less) each injury and condition you suffered as a
result of the incident which forms the basis of this lawsuit specifically identify each part
of your body you claim was injured.
ANSWER:
6. PHYSICAL IMPAIRMENT
If you claim any physical disability or impairment as a result of the incident made the
basis of your suit, please briefly describe (in 3 sentences or less) the nature and extent of
the disability or impairment and describe how you claim you have been limited in your
daily activities in the past and how you anticipate your activities will, in reasonable
probability, be limited in the future.
ANSWER:
7. LOSS OF EARNINGS, LOSS OF EARNING CAPACITY, LOSS OF INCOME,
LOST PROFITS
As to your employment and how it was affected by the accident that is the subject of this
lawsuit, state the following:
a. The dates you were off from work;
b. Your job title, a description of your job duties, and the name, address, and
telephone number of your employer on the date of the accident;
c. Your salary prior to and subsequent to the accident;
d. The amount of wages you lost for the time you missed work;
e. The amount of workers’ compensation benefits, if any, you were paid for the
time you missed work; and
f. If you are claiming loss of future earning capacity, state the amount and how
you arrive at that figure.
ANSWER:
8. LIENS, SUBROGATION, ASSIGNNIENT OF RIGHTS
Do you know of any liens, subrogation interests, assignment of rights, or rights of
reimbursement that have been or could be asserted against you in connection with the
claims made the basis of this lawsuit? This interrogatory specifically includes a request
that you identify all liens, subrogation interests, assignment of rights and rights of
reimbursement from Medicare, Medicaid, Child Support, Victims Fund, worker’s
compensation carriers, health insurers, third party payors and any and all other source.
ANSWER:
9. PRIMARY CARE PHYSICIANS
Please list your primary care physicians, including full name, physician group name (if
applicable), address, and any other contact information, for the past 10 years.
ANSWER:
10. CRIMINAL HISTORY
Have you ever been convicted of a felony in the past 10 years, and/or crime of moral
turpitude in the past 5 years? If yes, please state the date of each conviction, place of each
conviction, charges filed and the final disposition of each conviction.
ANSWER:
WHEREFORE PREMISES CONSIDERED, Defendant prays that upon final trial, the
Plaintiff take nothing by his Original suit and that Defendants go with their costs.
Submitted by,
LAW OFFICES OF FANAFF, HOAGLAND,
GONZALES, BALDWIN & CUNNINGHAM
P.O. Box 258829
Oklahoma City, Oklahoma 73125-8829
(214) 762-2409 - Cellular
(855) 472-9294 — Facsimile
e-Mail — iohn.1.moore@farmersinsurance.com
e-Service -
texnewmexlegal@farmersinsurance.com
/s/ John R. Moore
John R. Moore
State Bar No. 24014445
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
In accordance with Rule 21a of the Texas Rules of Civil Procedure, on this the 30th day of
March, 2023, I hereby certify that a true and correct copy of the above and foregoing document has
been forwarded to:
VIA E-SERVICE T0:
Patricia Morgan
KELLEY LAW FIRM, P.C.
201 N. Harwood Street
Dallas, TX 75201
morgan@kelleyfirm.com
/s/ John R. Moore
John R. Moore
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.
Envelope ID: 74156649
Filing Code Description: Jury Demand - $40
Filing Description: ORIGINAL ANSWER
Status as of 3/30/2023 1:38 PM CST
Associated Case Party: JANICE JACKSON
Name BarNumber Email TimestampSubmitted Status
PATRICIA MORGAN MORGAN@KELLEYFIRM.COM 3/30/2023 9:13:18 AM SENT
PATRICIA MORGAN PATRICIA@KELLYFIRM.COM 3/30/2023 9:13:18 AM ERROR
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Lalah Johnson johnson@kelleyfirm.com 3/30/2023 9:13:18 AM SENT
Preview
FILED 3/30/2023 9:13 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Treva Parker-Ayodele DEPUTY Cause No. DC-23-01394 JANICE JACKSON IN THE DISTRICT COURT §§§§§§§ VS. DALLAS COUNTY, TEXAS LELVIA E. LIZAMA AND HAMILTON MARTINEZ CHICAS 192ND DISTRICT COURT DEFENDANT LELVIA E. LIZAMA AND HAMILTON MARTINEZ CHICASS’ ORIGINAL ANSWER, JURY DEMAND, RULE 193.7 NOTICE AND FIRST SET OF DISCOVERY REQUESTS TO PLAINTIFF Defendants, LELVIA E. LIZAMA AND HAMILTON MARTINEZ CHICAS, file their Original Answer, Jury Demand, Rule 193.7 Notice, and First Set of Discovery Requests to Plaintiff, as follows: 1. Pursuant to Texas Rules of Civil Procedure 92, Defendants deny all material allegations of fact, if any, set forth in Plaintiff’s Petition, and demands strict proof thereof. 2. Pleading in the affirmative, Defendants request that evidence concerning damages comply with Texas Civil Practice & Remedies Code section 41.0105. 3. Pleading in the affirmative, Defendants request that evidence concerning damages comply with Texas Civil Practice and Remedies Code section 18.091. 4. Defendants seek the protection of any statue and/or law which caps, restricts, limits or modifies the amount of monetary damages which might be awarded against Defendant in connection with this lawsuit. 5. Pursuant to Texas Rules of Civil Procedure 216, Defendants demand a jury trial. 6. Pursuant to Texas Rules of Civil Procedure 193.7, any and all documents produced by Plaintiff in response to Defendant’s written discovery are intended to be used by Defendants and shall be deemed as properly authenticated for use against Plaintiff in any pretrial proceeding or trial of this case. DISCOVERY REQUESTS INSTRUCTIONS: A11 discovery responses must be delivered to the address of the scan unit for Defendant's attorney which is: P.O. Box 258829, Oklahoma City OK 73125-8829, with the name of the case and the LAW OFFICES OF FANAFF, GONZALES, BALDWIN & CUNNINGHAM clearly marked. Alternately, the material can be faxed to (855) 472-9294 with the name of the case and LAW OFFICES OF FANAFF, GONZALES, BALDWIN & CUNNINGHAM FILE NUMBER clearly marked, or e-served to dallaslaw@farmersinsurance.com. The LAW OFFICES OF FANAFF, GONZALES, BALDWIN & CUNNINGHAM FILE NUMBER IS 23-647345. A. REQUESTS FOR DISCLOSURE: (due 5/1/23) Pursuant to Texas Rules of Civil Procedure 194, Defendants request that Plaintiff disclose, within 3O days of service of this request, the information or material described in Rule 194.2(a)-(l) and Rule 190.2 (b) (6), if applicable. A response to a request under this rule is due according to Texas Rules of Civil Procedure 195.2. B. REQUESTS FOR PRODUCTION: (due 5/31/23) Pursuant to Texas Rules of Civil Procedure 196, Plaintiff is requested to file a written response Within 30 days after the service of this request and produce the requested documents as noted in the discovery instructions above. 1. PHOTOGRAPHS, VIDEO, ILLUSTRATIONS, & ELECTRONIC IMAGES All photographs, video, illustrations, animations and electronic images regarding this incident in your care, custody, or control. 2. POLICE AND GOVERNMENTAL REPORTS A copy of all police reports, fire department reports, and other governmental reports regarding the incident which forms the basis of this lawsuit. 3. DRIVER’S LICENSE & IDENTIFICATION CARDS A true, correct, and legible photocopy of the front and back of your current driver's license. 4. PROPERTY DAMAGES All estimates, invoices, bills, statements, receipts, and other documents detailing any property damages sustained as a result of the incident which forms the basis of this lawsuit, including but not limited to all documents which describe, itemize or support any claims for property damage. 5. MEDICAL RECORDS AND BILLS All medical records and bills detailing the costs and course of treatment the Plaintiff received as a result of the injuries and pain alleged to have been caused by this collision. 6. CRIMINAL RECORDS All evidence of any felony convictions in the last 10 years, and/or any convictions of crimes of moral turpitude in the past 5 years, of all parties to this lawsuit, including each Plaintiff and Defendant, and all persons with knowledge of relevant facts pursuant to Texas Rules of Evidence 609(f). C. DEFENDANT’S FIRST INTERROGATORIES: (due 5/31/23) Pursuant to Texas Rules of Civil Procedure 197, Defendant serves upon Plaintiff the following written Interrogatories. Defendant additionally requests supplementation as required by Texas Rules of Civil Procedure 193.5. 1. IDENTIFICATION INFORMATION Please state the following: a. Your full name and all other names used by you; b. Date of birth; c. Current home address; d. Driver’s license number and State of issuance; ANSWER: 2. THE INCIDENT WHICH FORMS THE BASIS 0F THIS LAWSUIT Please briefly describe (in 3 sentences or less) how the incident made the basis of your suit occurred. If you allege gross negligence, please state the factual basis supporting your allegations. ANSWER: 3. ALCOHOL & DRUGS Did you or anyone else involved in the incident ingest an alcoholic beverage, controlled substance, drug, prescription or non-prescription medication in the 24 hours period immediately preceding the incident made the basis of your suit? If yes, please describe the type of alcoholic beverage and/or the name of the substance or drug and the amount ingested. ANSWER: 4. CONVERSATIONS Please briefly describe (in 3 sentences or less) all conversations you had at the scene of the incident with any person as well as all statements you overhead any party to this lawsuit or Witness make concerning any of the events which form the basis of this lawsuit. ANSWER: 5. INJURIES Please briefly describe (in 3 sentences or less) each injury and condition you suffered as a result of the incident which forms the basis of this lawsuit specifically identify each part of your body you claim was injured. ANSWER: 6. PHYSICAL IMPAIRMENT If you claim any physical disability or impairment as a result of the incident made the basis of your suit, please briefly describe (in 3 sentences or less) the nature and extent of the disability or impairment and describe how you claim you have been limited in your daily activities in the past and how you anticipate your activities will, in reasonable probability, be limited in the future. ANSWER: 7. LOSS OF EARNINGS, LOSS OF EARNING CAPACITY, LOSS OF INCOME, LOST PROFITS As to your employment and how it was affected by the accident that is the subject of this lawsuit, state the following: a. The dates you were off from work; b. Your job title, a description of your job duties, and the name, address, and telephone number of your employer on the date of the accident; c. Your salary prior to and subsequent to the accident; d. The amount of wages you lost for the time you missed work; e. The amount of workers’ compensation benefits, if any, you were paid for the time you missed work; and f. If you are claiming loss of future earning capacity, state the amount and how you arrive at that figure. ANSWER: 8. LIENS, SUBROGATION, ASSIGNNIENT OF RIGHTS Do you know of any liens, subrogation interests, assignment of rights, or rights of reimbursement that have been or could be asserted against you in connection with the claims made the basis of this lawsuit? This interrogatory specifically includes a request that you identify all liens, subrogation interests, assignment of rights and rights of reimbursement from Medicare, Medicaid, Child Support, Victims Fund, worker’s compensation carriers, health insurers, third party payors and any and all other source. ANSWER: 9. PRIMARY CARE PHYSICIANS Please list your primary care physicians, including full name, physician group name (if applicable), address, and any other contact information, for the past 10 years. ANSWER: 10. CRIMINAL HISTORY Have you ever been convicted of a felony in the past 10 years, and/or crime of moral turpitude in the past 5 years? If yes, please state the date of each conviction, place of each conviction, charges filed and the final disposition of each conviction. ANSWER: WHEREFORE PREMISES CONSIDERED, Defendant prays that upon final trial, the Plaintiff take nothing by his Original suit and that Defendants go with their costs. Submitted by, LAW OFFICES OF FANAFF, HOAGLAND, GONZALES, BALDWIN & CUNNINGHAM P.O. Box 258829 Oklahoma City, Oklahoma 73125-8829 (214) 762-2409 - Cellular (855) 472-9294 — Facsimile e-Mail — iohn.1.moore@farmersinsurance.com e-Service - texnewmexlegal@farmersinsurance.com /s/ John R. Moore John R. Moore State Bar No. 24014445 ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE In accordance with Rule 21a of the Texas Rules of Civil Procedure, on this the 30th day of March, 2023, I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to: VIA E-SERVICE T0: Patricia Morgan KELLEY LAW FIRM, P.C. 201 N. Harwood Street Dallas, TX 75201 morgan@kelleyfirm.com /s/ John R. Moore John R. Moore 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. Envelope ID: 74156649 Filing Code Description: Jury Demand - $40 Filing Description: ORIGINAL ANSWER Status as of 3/30/2023 1:38 PM CST Associated Case Party: JANICE JACKSON Name BarNumber Email TimestampSubmitted Status PATRICIA MORGAN MORGAN@KELLEYFIRM.COM 3/30/2023 9:13:18 AM SENT PATRICIA MORGAN PATRICIA@KELLYFIRM.COM 3/30/2023 9:13:18 AM ERROR Case Contacts Name BarNumber Email TimestampSubmitted Status Lalah Johnson johnson@kelleyfirm.com 3/30/2023 9:13:18 AM SENT