Preview
FILED
10/9/2020 5:1 2 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Debra Clark DEPUTY
CAUSE NO. DC-20-06308
OLIVIA WALLACE, § IN THE DISTRICT COURT
Plaintiff §
§
vs 44TH JUDICIAL DISTRICT
§
§
LATANYA GREEN §
Defendant. § DALLAS COUNTY, TEXAS
§
PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT ON DEEMED ADMISSIONS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, OLIVIA WALLACE, Plaintiff herein, and files this response t0
Defendant’s Motion for Summary Judgment on Deemed Admission, Plaintiff ask the
court t0 deny Defendant’s Motion for Summary Judgment, and would show this
Honorable Court as follows:
INTRODUCTION
1. This is a personal injury case stemming fiom an automobile accident which
occurred 0n May 1, 2018. Plaintiff is Olivia Wallace. Defendant is LaTanya
Green.
2. Defendant served discovery 0n Plaintiff on July 22, 2020, that consisted 0f
Defendant’s Request for Disclosures, Request for Production, Request for
Admissions, and Interrogatories. Responses to these requests were due by
Friday, August 21. Defendant served her request by facsimile 0n Friday,
August 21. Defendant received notice that fax was unsuccessful due facsimile
being interrupted as evidenced by Exhibit 1 (EfaX-Unsuccessful fax
Plaintifl’s Response t0 Defendant ’s
Motionfor Summary Judgment 1
transmission). Plaintiff’s counsel alleges that he received partial fax 0n
Saturday, August 22.
3. The Defendant’s Motion for Summary Judgment is based upon Plaintiffs
failure t0 timely respond to request for admissions. The answers to the request
for admissions have been answered and served 0n Defendant’s counsel.
Defendant’s Motion for Summary Judgment has not been heard 0r ruled upon.
4. Defendant’s response regarding Plaintiffs Motion for Summary Judgment
builds 0n the same law, policy, and argument that supports Defendant’s
Motion to Strike Deemed Admissions and Defendant incorporates that
motion, into this response.
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
A. Deem ed Adm issions
5. Texas Rule 0f Civil Procedure Rule 198.3 provides the “guiding rules 0r
principles” the trial court must follow When ruling on a request t0 Withdraw
deemed admissions. Deemed admissions should be struck When the
responding party’s failure t0 answer is an accident 0r a mistake and the
striking of the admissions does not cause undue prejudice t0 the party relying
on the deemed admissions.
6. Defendant submits that her motion t0 strike deemed admissions meets both of
the burdens established by Texas Rule of Civil Procedure 198.3. In that the
Policy behind granting the leave t0 strike deemed admissions is t0 permit the
case to be decided 0n the facts. If the law behind granting leave to strike
deemed admissions exists because of preference for deciding cases based on
Plaintifl’s Response t0 Defendant ’s
Motionfor Summary Judgment 2
the merits, then this preference is even stronger at the stage 0f an early motion
for summary judgment, like in this case, Where Defendant Will have ample
time to conduct discovery into the areas covered by the admissions.
7. Plaintiff” s request t0 strike the deemed admissions and opposition t0
Plaintiff s Motion for Summary Judgment are not filed t0 waste time, delay 0r
to force Defendant to conduct discovery into issues that do not exist.
PRAYER
WHEREFORE, Plaintiff, OLIVIA WALLACE, prays that this Court grant her
Motion t0 Strike Deemed Admissions and deny Defendant’s Motion for Summary
Judgment on Deemed Admissions.
Respectfully submitted,
Fridie Law, PLLC
LAKAYLA FRIDIE
Texas Bar N0. 240853 15
3934 FM 1960 Road West, Ste. 200
Houston, Texas 77069
P: 832-426-4948
F: 832-442-3 131
E: lakayla@fridielaw.com
Attorneyfor Olivia Wallace
Plaintifl’s Response t0 Defendant ’s
Motionfor Summary Judgment 3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has
been duly sent to counsel 0f record in this case by either e-service and/or facsimile 0n the
9th
day 0f October, 2020.
LAKAYLA FRIDIE
Plaintifl’s Response t0 Defendant ’s
Motionfor Summary Judgment 4
EXHIBIT I
EXHIBIT II
EXHIBIT III
EXHIBIT IV
1 0/9/2020 Unsuccessful fax transmission to 171 38649272. Re: Discovery Responses-Wallace v. Green
Unsuccessful fax transmission to 17138649272. Re: Discovery Responses-
Wallace v. Green
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EXHIBIT 2
CASE NO. DC-20-06308
OLIVIA WALLACE § 1N THE DISTRICT COURT
Plaintiff, §
§
V. 44TH JUDICIAL DISTRICT
§
§
LATANYA GREEN §
Defendant. § OF DALLAS COUNTY, TEXAS
PLAINTIFF’S RESPONSES TO DEFENDANT’S REQUEST FOR ADMISSIONS
TO: LaTanya Green, Defendant, by and through Defendant's attorney 0f record,
Bruce P. Mayer, Law Office 0f Bruce Mayer, 709 Knox Street, Houston, Texas
77007.
COMES NOW, PLAINTIFF, Olivia Wallace, in the above entitled and numbered
cause, and pursuant to Texas Rules 0f Civil Procedure, makes the following responses t0
Defendant’s Rule 194 Request for Disclosure t0 Plaintiff as allowed by Texas Rule 0f Civil
Procedure 194.
Respectfully submitted,
Fridie Law, PLLC
By: /s/ La/Ka/yla/ FVLd/Le
LaKayla Fridie
SBOT N0. 24085315
3934 FM 1960 Road West, Suite 200
Houston, TX 77068
Tel. (832) 426-4948
Fax. (832) 442-3 131
Email: 1akay1a@fridielaw.com
Attorneyfor Olivia Wallace
CERTIFICATE OF SERVICE
I hereby certify that on August 21, 2020 a true and correct copy 0f the above and
foregoing instrument was sent t0 Defendant’s counsel 0f record pursuant t0 Texas Rules 0f
Civil Procedure.
Bruce Mayer
Law Office of Bruce Mayer
709 Knox Street
Houston, Texas 77007
Facsimile: (713) 864-9272
Email: brucemayer@sbcglobal.net
/s/ LOLKa/ylov FrLd/ée/
LaKayla Fridie
Admit your full legal name is the name in Which you have filed suit.
A ER'
Admitted, as the Request is written.
Admit you have never been known by any other names.
A ER'
Admitted, as the Request is written.
Admit you owned the vehicle you were driving that was involved in the accident.
A ER'
Admitted, as the Request is written.
Admit you have settled your claims for property damages arising fiom the accident.
A ER'
Admitted, as the Request is written.
Admit you are not seeking to recover damages for medical expenses.
A ER'
Denied.
Admit you are not seeking t0 recover damages for future medical expenses.
A ER:
Denied.
Admit you are not seeking t0 recover damages for physical impairment.
A ER'
Denied.
Admit you are not seeking t0 recover damages for future physical impairment
A ER'
Denied.
Admit you are not seeking to recover damages for disfigurement.
A ER‘
Admitted, as Request is written.
10. Admit you are not seeking to recover damages for future disfigurement.
A ER'
Admitted, as Request is written.
11. Admit you are not seeking to recover damages for lost wages.
A ER“
Denied.
12. Admit you are not seeking to recover damages for loss ofearnings.
A ER'
Denied.
13. Admit you are not seeking to recover damages for loss ofearnings capacity.
A ER'
Denied.
14. Admit you are not seeking t0 recover damages for mentalanguish.
A ER“
Denied.
15. Admit you are not seeking to recover damages forfuture mental anguish.
A ER'
Denied.
16. Admit that you are not seeking t0 recover damages for past pain and suffering.
A ER'
Denied.
17. Admit that you are not seeking to recover damages for future pain and suffering.
A ER'
Denied.
18. Admit you have been convicted ofa felony Within the last ten (10) years.
A ER:
Admitted, as t0 the Request as written.
19. Admit you have, within the last ten (10) years, been released from confinement for a felony
conviction.
A ER:
Admitted, as t0 the Request as written.
20. Admit you have been convicted ofa misdemeanor involving moral turpitude in the last ten (10)
years.
A ER'
Admitted, as to the Request as written.
21. Admit you have, Within the last ten (10) years, been released from confinement for a
misdemeanor involving moral turpitude.
AN WER:
Admitted, as t0 the Request as written.
22. Admit you were not wearing your seatbelt at the time 0fthe accident.
AN WER:
Denied.
23. Admit you did not have a valid driver's license 0n the date 0fthe accident.
A ER'
Denied.
24. Admit your driver's license has been suspended.
A ER'
Denied.
25. Admit your driver's license has been revoked.
A ER'
Denied.
26. Admit you were covered by health insurance at the time ofthe accident.
A ER:
Denied.
27. Admit you were eligible for health insurance coverage at the time ofthe accident.
A ER'
Admitted, as t0 the Request as written.
28. Admit you did not file a claim With any health insurance provider for your medical 11Wrmlls
that you Claim resulted from the accident.
A ER'
Admitted, as t0 the Request as written.
29. Admit you were covered by Personal Injury Protection insurance at the time 0f the accident.
A ER'
Denied.
30. Admit you filed a claim With anyPers onal Injury Protection insurance carrier insurance
provider for your medical treatments that you claim resulted from the accident.
A ER'
Cannot admit 0r deny.
31. Admit you were covered by Medical Payments insurance at the time of the accident.
A ER'
Denied.
32. Admit you filed a claim With anyMedical Payments insurance carrier insurance provider for
your medical treatments that you claim resulted from the accident.
A ER'
Denied.
33. Admit your attorney referred you to at least one 0f one of your health care providers.
A ER'
Admitted, as t0 the Request as written.
34. Admit you have paid n0 charges ofat least one ofone ofyour health care providers for
treatment you relate to this accident.
A ER:
Admitted, as t0 the Request as written.
35. Admit you received treatment under a letter ofprotection between your attorney and your
health care provider.
A ER:
Plaintiff objects to this Request as being privileged as attorney-client work product.
Accordingly, the Request cannot be admitted or denied.
36. Admit you did not pay for all the health care treatment you claim resulted fiom the accident
at issue in this suit.
A ER‘
Admitted, as t0 the Request written.
37. Admit that you and your attorney Will seek a reduction in unpaid charges from at least
one 0f one 0f your health care providers.
ANSWER:
Plaintiff objects to this Request as being privileged as attorney-client work product.
Accordingly, the Request cannot be admitted 0r denied.
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.
Chrishauna Johnson on behalf of LaKayIa Fridie
Bar No. 24085315
chrishauna@fridielaw.com
Envelope ID: 47129999
Status as of 10/1 3/2020 11:12 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
LAKAYLA FRIDIE LAKAYLA@FR|D|ELAW.COM 10/1 3/2020 10:13:26 AM SENT
Bruce Mayer bruce@brucemayerlaw.com 10/1 3/2020 10:13:26 AM SENT
Preview
FILED 10/9/2020 5:1 2 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Debra Clark DEPUTY CAUSE NO. DC-20-06308 OLIVIA WALLACE, § IN THE DISTRICT COURT Plaintiff § § vs 44TH JUDICIAL DISTRICT § § LATANYA GREEN § Defendant. § DALLAS COUNTY, TEXAS § PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON DEEMED ADMISSIONS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, OLIVIA WALLACE, Plaintiff herein, and files this response t0 Defendant’s Motion for Summary Judgment on Deemed Admission, Plaintiff ask the court t0 deny Defendant’s Motion for Summary Judgment, and would show this Honorable Court as follows: INTRODUCTION 1. This is a personal injury case stemming fiom an automobile accident which occurred 0n May 1, 2018. Plaintiff is Olivia Wallace. Defendant is LaTanya Green. 2. Defendant served discovery 0n Plaintiff on July 22, 2020, that consisted 0f Defendant’s Request for Disclosures, Request for Production, Request for Admissions, and Interrogatories. Responses to these requests were due by Friday, August 21. Defendant served her request by facsimile 0n Friday, August 21. Defendant received notice that fax was unsuccessful due facsimile being interrupted as evidenced by Exhibit 1 (EfaX-Unsuccessful fax Plaintifl’s Response t0 Defendant ’s Motionfor Summary Judgment 1 transmission). Plaintiff’s counsel alleges that he received partial fax 0n Saturday, August 22. 3. The Defendant’s Motion for Summary Judgment is based upon Plaintiffs failure t0 timely respond to request for admissions. The answers to the request for admissions have been answered and served 0n Defendant’s counsel. Defendant’s Motion for Summary Judgment has not been heard 0r ruled upon. 4. Defendant’s response regarding Plaintiffs Motion for Summary Judgment builds 0n the same law, policy, and argument that supports Defendant’s Motion to Strike Deemed Admissions and Defendant incorporates that motion, into this response. DEFENDANT’S MOTION FOR SUMMARY JUDGMENT A. Deem ed Adm issions 5. Texas Rule 0f Civil Procedure Rule 198.3 provides the “guiding rules 0r principles” the trial court must follow When ruling on a request t0 Withdraw deemed admissions. Deemed admissions should be struck When the responding party’s failure t0 answer is an accident 0r a mistake and the striking of the admissions does not cause undue prejudice t0 the party relying on the deemed admissions. 6. Defendant submits that her motion t0 strike deemed admissions meets both of the burdens established by Texas Rule of Civil Procedure 198.3. In that the Policy behind granting the leave t0 strike deemed admissions is t0 permit the case to be decided 0n the facts. If the law behind granting leave to strike deemed admissions exists because of preference for deciding cases based on Plaintifl’s Response t0 Defendant ’s Motionfor Summary Judgment 2 the merits, then this preference is even stronger at the stage 0f an early motion for summary judgment, like in this case, Where Defendant Will have ample time to conduct discovery into the areas covered by the admissions. 7. Plaintiff” s request t0 strike the deemed admissions and opposition t0 Plaintiff s Motion for Summary Judgment are not filed t0 waste time, delay 0r to force Defendant to conduct discovery into issues that do not exist. PRAYER WHEREFORE, Plaintiff, OLIVIA WALLACE, prays that this Court grant her Motion t0 Strike Deemed Admissions and deny Defendant’s Motion for Summary Judgment on Deemed Admissions. Respectfully submitted, Fridie Law, PLLC LAKAYLA FRIDIE Texas Bar N0. 240853 15 3934 FM 1960 Road West, Ste. 200 Houston, Texas 77069 P: 832-426-4948 F: 832-442-3 131 E: lakayla@fridielaw.com Attorneyfor Olivia Wallace Plaintifl’s Response t0 Defendant ’s Motionfor Summary Judgment 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been duly sent to counsel 0f record in this case by either e-service and/or facsimile 0n the 9th day 0f October, 2020. LAKAYLA FRIDIE Plaintifl’s Response t0 Defendant ’s Motionfor Summary Judgment 4 EXHIBIT I EXHIBIT II EXHIBIT III EXHIBIT IV 1 0/9/2020 Unsuccessful fax transmission to 171 38649272. Re: Discovery Responses-Wallace v. Green Unsuccessful fax transmission to 17138649272. Re: Discovery Responses- Wallace v. Green send@mai|.efax.com SE Fri, 21 Aug 2020 7:27:39 PM -0700 To "chrishauna" Tags O Security 9 TLS Learn more The fax you recently attempted to send through eFax to 17138649272 Re: Discovery Responses-Wallace v. Green did not go through because transmission was interrupted. Be sure to check that you have the correct number and that you have entered it properly. Enter numbers only, no dashes or brackets. Please verify the fax number before re-transmitting. If you have any questions, please visit our online help center or contact Customer flQpO—rt. Mobile Apps © 2020 J2 Global, Inc. or its affiliates (collectively, “J2"). A|| rights reserved. eFax is a registered trademark of J2. 700 S. Flower St., 15th Floor, Los Angeles, CA 90017 This account is subject to the terms listed in the eFax Customer Agreement. 1/1 EXHIBIT 2 CASE NO. DC-20-06308 OLIVIA WALLACE § 1N THE DISTRICT COURT Plaintiff, § § V. 44TH JUDICIAL DISTRICT § § LATANYA GREEN § Defendant. § OF DALLAS COUNTY, TEXAS PLAINTIFF’S RESPONSES TO DEFENDANT’S REQUEST FOR ADMISSIONS TO: LaTanya Green, Defendant, by and through Defendant's attorney 0f record, Bruce P. Mayer, Law Office 0f Bruce Mayer, 709 Knox Street, Houston, Texas 77007. COMES NOW, PLAINTIFF, Olivia Wallace, in the above entitled and numbered cause, and pursuant to Texas Rules 0f Civil Procedure, makes the following responses t0 Defendant’s Rule 194 Request for Disclosure t0 Plaintiff as allowed by Texas Rule 0f Civil Procedure 194. Respectfully submitted, Fridie Law, PLLC By: /s/ La/Ka/yla/ FVLd/Le LaKayla Fridie SBOT N0. 24085315 3934 FM 1960 Road West, Suite 200 Houston, TX 77068 Tel. (832) 426-4948 Fax. (832) 442-3 131 Email: 1akay1a@fridielaw.com Attorneyfor Olivia Wallace CERTIFICATE OF SERVICE I hereby certify that on August 21, 2020 a true and correct copy 0f the above and foregoing instrument was sent t0 Defendant’s counsel 0f record pursuant t0 Texas Rules 0f Civil Procedure. Bruce Mayer Law Office of Bruce Mayer 709 Knox Street Houston, Texas 77007 Facsimile: (713) 864-9272 Email: brucemayer@sbcglobal.net /s/ LOLKa/ylov FrLd/ée/ LaKayla Fridie Admit your full legal name is the name in Which you have filed suit. A ER' Admitted, as the Request is written. Admit you have never been known by any other names. A ER' Admitted, as the Request is written. Admit you owned the vehicle you were driving that was involved in the accident. A ER' Admitted, as the Request is written. Admit you have settled your claims for property damages arising fiom the accident. A ER' Admitted, as the Request is written. Admit you are not seeking to recover damages for medical expenses. A ER' Denied. Admit you are not seeking t0 recover damages for future medical expenses. A ER: Denied. Admit you are not seeking t0 recover damages for physical impairment. A ER' Denied. Admit you are not seeking t0 recover damages for future physical impairment A ER' Denied. Admit you are not seeking to recover damages for disfigurement. A ER‘ Admitted, as Request is written. 10. Admit you are not seeking to recover damages for future disfigurement. A ER' Admitted, as Request is written. 11. Admit you are not seeking to recover damages for lost wages. A ER“ Denied. 12. Admit you are not seeking to recover damages for loss ofearnings. A ER' Denied. 13. Admit you are not seeking to recover damages for loss ofearnings capacity. A ER' Denied. 14. Admit you are not seeking t0 recover damages for mentalanguish. A ER“ Denied. 15. Admit you are not seeking to recover damages forfuture mental anguish. A ER' Denied. 16. Admit that you are not seeking t0 recover damages for past pain and suffering. A ER' Denied. 17. Admit that you are not seeking to recover damages for future pain and suffering. A ER' Denied. 18. Admit you have been convicted ofa felony Within the last ten (10) years. A ER: Admitted, as t0 the Request as written. 19. Admit you have, within the last ten (10) years, been released from confinement for a felony conviction. A ER: Admitted, as t0 the Request as written. 20. Admit you have been convicted ofa misdemeanor involving moral turpitude in the last ten (10) years. A ER' Admitted, as to the Request as written. 21. Admit you have, Within the last ten (10) years, been released from confinement for a misdemeanor involving moral turpitude. AN WER: Admitted, as t0 the Request as written. 22. Admit you were not wearing your seatbelt at the time 0fthe accident. AN WER: Denied. 23. Admit you did not have a valid driver's license 0n the date 0fthe accident. A ER' Denied. 24. Admit your driver's license has been suspended. A ER' Denied. 25. Admit your driver's license has been revoked. A ER' Denied. 26. Admit you were covered by health insurance at the time ofthe accident. A ER: Denied. 27. Admit you were eligible for health insurance coverage at the time ofthe accident. A ER' Admitted, as t0 the Request as written. 28. Admit you did not file a claim With any health insurance provider for your medical 11Wrmlls that you Claim resulted from the accident. A ER' Admitted, as t0 the Request as written. 29. Admit you were covered by Personal Injury Protection insurance at the time 0f the accident. A ER' Denied. 30. Admit you filed a claim With anyPers onal Injury Protection insurance carrier insurance provider for your medical treatments that you claim resulted from the accident. A ER' Cannot admit 0r deny. 31. Admit you were covered by Medical Payments insurance at the time of the accident. A ER' Denied. 32. Admit you filed a claim With anyMedical Payments insurance carrier insurance provider for your medical treatments that you claim resulted from the accident. A ER' Denied. 33. Admit your attorney referred you to at least one 0f one of your health care providers. A ER' Admitted, as t0 the Request as written. 34. Admit you have paid n0 charges ofat least one ofone ofyour health care providers for treatment you relate to this accident. A ER: Admitted, as t0 the Request as written. 35. Admit you received treatment under a letter ofprotection between your attorney and your health care provider. A ER: Plaintiff objects to this Request as being privileged as attorney-client work product. Accordingly, the Request cannot be admitted or denied. 36. Admit you did not pay for all the health care treatment you claim resulted fiom the accident at issue in this suit. A ER‘ Admitted, as t0 the Request written. 37. Admit that you and your attorney Will seek a reduction in unpaid charges from at least one 0f one 0f your health care providers. ANSWER: Plaintiff objects to this Request as being privileged as attorney-client work product. Accordingly, the Request cannot be admitted 0r denied. 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. Chrishauna Johnson on behalf of LaKayIa Fridie Bar No. 24085315 chrishauna@fridielaw.com Envelope ID: 47129999 Status as of 10/1 3/2020 11:12 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status LAKAYLA FRIDIE LAKAYLA@FR|D|ELAW.COM 10/1 3/2020 10:13:26 AM SENT Bruce Mayer bruce@brucemayerlaw.com 10/1 3/2020 10:13:26 AM SENT