Preview
FILED
1/10/2022 2:43 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA EVANS, § IN THE DISTRICT COURT OF
individually and on behalf of their minor son, §
T.E., deceased, and MONIQUE PICKENS, §
individually and 0n behalf of her minor son, §
D.W. §
§
Plaintiffs, § DALLAS COUNTY, TEXAS
§
vs. §
§
TASACOM REAL ESTATE, LLC d/b/a §
HAWTHORN SUITES DALLAS LOVE §
FIELD, HAWTHORN SUITES §
FRANCHISING, INC., WYNDHAM
HOTELS & RESORTS, INC. and g
MOHAMMAD SADIQ NOSHAHI, § 162ml JUDICIAL DISTRICT
§
Defendant. §
§
HAWTHORN SUITES FRANCHISING, INC. AND
WYNDHAM HOTELS & RESORTS, INC.’S FIRST AMENDED ANSWER
Defendants Hawthorn Suites Franchising, Inc. (“HSF”) and Wyndham Hotels & Resorts,
Inc. (“WHRI”) (collectively, the “Wyndham Defendants”) file their First Amended Answer in
response to Plaintiffs’ Second Amended Original Petition (the “Petition”), and any amendments
or supplements thereto, filed by Tony Evans, Sr., and Aretha Evans, individually and on behalf of
their minor son, T.E., deceased, and Monique Pickens, individually and on behalf of her minor
son, D.W. (“Plaintiffs”).
I.
GENERAL DENIAL
Pursuant to Rule 92 of the Texas Rules of Civil Procedure, the Wyndham Defendants
generally deny each and every allegation contained in Plaintiffs’ Petition and any amendments or
supplements thereto, and demand strict proof thereof. The Wyndham Defendants further reserve
the right to amend or supplement this answer at a future date in accordance with the Texas Rules
of Civil Procedure.
II.
AFFIRMATIVE AND OTHER DEFENSES
Subject to foregoing general denial, Without admitting liability as to any of Plaintiffs’
claims, and without assuming the burden of proof on any claims, defenses, or factual issues that
would otherwise rest with Plaintiffs, the Wyndham Defendants assert the following defenses:
1. Plaintiffs’ claims and/or alleged damages are barred in whole or in part because the
Petition fails to state a claim upon which relief can be granted.
2. Plaintiffs’ claims and/or alleged damages are barred in whole or in part because the
proximate cause(s) of the injuries or damages alleged in the Petition, if any, was the negligence
and/or tortious conduct of persons or entities other than the Wyndham Defendants, and therefore
Plaintiffs are barred from obtaining a recovery herein against the Wyndham Defendants, or,
alternatively, any such recovery must be reduced in proportion to the negligence and tortious
conduct of others, including all limitations set forth in the Comparative Responsibility Act, Tex.
Civ. Prac. & Rem. Code §§ 33.001, et seq., or otherwise under applicable law. Moreover, as
alleged, one or more unknown persons allegedly committed criminal acts that caused the alleged
loss or injury that is the subject of this lawsuit. Based on Plaintiffs’ allegations, the Wyndham
Defendants would show that persons involved in the shooting alleged in the Petition (“John Does
1-5”), including the “unknown assailant” mentioned in Paragraph 25 of the Petition, are unknown
criminal actors and are properly designated as responsible third parties pursuant to Section
33.0040) of the Texas Civil Practice & Remedies Code. John Doe l, the “unknown assailant,”
allegedly engaged in criminal acts giving rise to Plaintiffs’ claims. John Does 2-5 are the persons,
if any, who allegedly acted in conjunction with John Doe l in committing criminal acts. Plaintiffs
have not identified or meaningfully described John Does 1-5, and the Wyndham Defendants are
unaware of their identities.
3. Plaintiffs’ claims and/or alleged damages are barred in whole or in part due to
Plaintiffs’ contributory negligence.
4. Plaintiffs’ claims and/or alleged damages are barred in Whole or in part because the
incident that is the subject of Plaintiffs’ Petition was not caused in fact or proximately caused by
any fault, negligence, act, omission, conduct, or breach of duty attributable to the Wyndham
Defendants.
5. Plaintiffs’ claims and/or alleged damages are barred in whole or in part because the
Wyndham Defendants did not own, operate, employ persons at, or control the day-to-day
operations of the Hawthorn Suites®-branded hotel where the alleged acts giving rise to Plaintiffs’
claims took place.
6. Plaintiffs’ claims and/or alleged damages are barred in whole or in part because any
injuries or damages alleged by Plaintiffs were the results of intervening and superseding causes
for which the Wyndham Defendants cannot be held liable.
7. Plaintiffs’ claims and/or alleged damages are barred in whole or in part by operation
of the assumption of risk doctrine.
8. Plaintiffs’ claims and/or alleged damages are barred in whole or in part due to
offset/setoff, credit, contribution, and submission of comparative responsibility as to all potentially
responsible parties pursuant to Chapters 32 and 33 of the Texas Civil Practice & Remedies Code.
9. Plaintiffs’ claims and/or alleged damages are barred in whole or in part to the extent
Plaintiffs received, or are entitled to receive, payments from non-parties outside the scope of the
collateral source rule.
10. Plaintiffs’ claims and/or alleged damages are barred in Whole or in part under
Chapter 41 of the Texas Civil Practice & Remedies Code, including but not limited to Section
41.005 and Section 41.008.
11. Plaintiffs’ claims and/or alleged damages are barred in Whole or in part in
accordance with the provisions of the applicable wrongfiil death statutes and common law.
12. Plaintiff s request for punitive/exemplary damages, to the extent such damages are
available, is capped by applicable rule and/or statute and is subject to reduction.
The Wyndham Defendants reserve the right to amend and supplement its answer to add
affirmative defenses as necessary based on information obtained during investigation or discovery.
III.
PRAYER
WHEREFORE, the Wyndham Defendants respectfully request that upon trial or other final
hearing of this matter, Plaintiffs take nothing against the Wyndham Defendants and that the Court
grant the Wyndham Defendants such other and further relief to which they may be justly entitled,
at law or in equity, including costs and reasonable attorneys’ fees.
Date: January 10, 2022 Respectfully submitted,
DLA PIPER LLP (US)
/s/ Jason Hopkins
Jason Hopkins
State Bar No. 24059969
jason.hopkins@d1apiper.com
1900 N. Pearl St. Suite 2200
Dallas, Texas 75201
T: 214.743.4500
F: 214.743.4545
Christopher B. Donovan
State Bar No. 24097614
christopherb.donovan@dlapiper.com
1000 Louisiana Street, Suite 2800
Houston, Texas 77002
T: 713.425.8400
F: 713.425.8401
Counsel for Defendants
Wyndham Hotels & Resorts, Inc. and
Hawthorn Suites Franchising, Inc.
CERTIFICATE OF SERVICE
I hereby certify that, on January 10, 2022, a true and correct copy of the foregoing
document was served on counsel of record in accordance with the Texas Rules of Civil Procedure
Via the court’s electronic filing system:
/s/ Christopher B. Donovan
Christopher B. Donovan
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.
Sally Jones on behalf of Christopher Donovan
Bar No. 24097614
sally.jones@dlapiper.com
Envelope ID: 60669411
Status as of 1/10/2022 3:00 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Josimayra Diaz josi.diaz@dallascityhall.com 1/10/2022 2:43:19 PM SENT
Luz Aguilar luz.aguilar@dallascityhall.com 1/10/2022 2:43:19 PM SENT
RoseMarie Chambers rose.chambers@dlapiper.com 1/10/2022 2:43:19 PM SENT
NURU WITHERSPOON witherspoon@twlglawyers.com 1/10/2022 2:43:19 PM SENT
Bradley J. Purcell bpurcell@reedsmith.com 1/10/2022 2:43:19 PM SENT
Alicia Nixon anixon@reedsmith.com 1/10/2022 2:43:19 PM SENT
Charletta Dawson cdawson@reedsmith.com 1/10/2022 2:43:19 PM SENT
Ronald DHinds rdhinds@verizon.net 1/10/2022 2:43:19 PM SENT
Janae Johnson johnson@twlglawyers.com 1/10/2022 2:43:19 PM SENT
Shikendra Rhea srhea@reedsmith.com 1/10/2022 2:43:19 PM SENT
Devan J. DalCol ddalcol@reedsmith.com 1/10/2022 2:43:19 PM SENT
DAWN MAY MAY@TWLGLAWYERS.COM 1/10/2022 2:43:19 PM SENT
Associated Case Party: HAWTHORN SUITES FRANCHISING, INC.
Name BarNumber Email TimestampSubmitted Status
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 1/10/2022 2:43:19 PM SENT
Christopher BDonovan Christopher.B.Donovan@dlapiper.com 1/10/2022 2:43:19 PM SENT
Ronald DHinds rdhinds@verizon.net 1/10/2022 2:43:19 PM SENT
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Name
Christopher BDonovan
Ronald DHinds
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.
Sally Jones on behalf of Christopher Donovan
Bar No. 24097614
sally.jones@dlapiper.com
Envelope ID: 60669411
Status as of 1/10/2022 3:00 PM CST
Associated Case Party: WYNDHAM HOTELS & RESORTS, INC.
Jason Hopkins 24059969 jason.hopkins@dlapiper.com 1/10/2022 2:43:19 PM SENT
Associated Case Party: TASACOM REAL ESTATE, LLC
Name BarNumber Email TimestampSubmitted Status
Keith M. Aurzada Kaurzada@reedsmith.com 1/10/2022 2:43:19 PM SENT
Associated Case Party: MOHAMMADSADIQNOSHAHI
Name BarNumber Email TimestampSubmitted Status
Ronald DHinds rdhinds@verizon.net 1/10/2022 2:43:19 PM SENT
Associated Case Party: TONY EVANS
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@tw|g|awyers.com 1/10/2022 2:43:19 PM SENT
Nuru Witherspoon witherspoon@twlg|awyers.com 1/10/2022 2:43:19 PM SENT
Associated Case Party: T. E.
Name BarNumber Email TimestampSubmitted Status
Nuru Witherspoon Witherspoon@twlglawyers.com 1/10/2022 2:43:19 PM SENT
Emily Taylor taylor@twlglawyers.com 1/10/2022 2:43:19 PM SENT
Associated Case Party: ARETHA EVANS
Name
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.
Sally Jones on behalf of Christopher Donovan
Bar No. 24097614
sally.jones@dlapiper.com
Envelope ID: 60669411
Status as of 1/10/2022 3:00 PM CST
Associated Case Party: ARETHA EVANS
Emily Taylor taylor@twlglawyers.com 1/10/2022 2:43:19 PM SENT
Nuru Witherspoon witherspoon@twlglawyers.com 1/10/2022 2:43:19 PM SENT
Preview
FILED 1/10/2022 2:43 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY CAUSE NO. DC-21-04901 TONY EVANS, SR., and ARETHA EVANS, § IN THE DISTRICT COURT OF individually and on behalf of their minor son, § T.E., deceased, and MONIQUE PICKENS, § individually and 0n behalf of her minor son, § D.W. § § Plaintiffs, § DALLAS COUNTY, TEXAS § vs. § § TASACOM REAL ESTATE, LLC d/b/a § HAWTHORN SUITES DALLAS LOVE § FIELD, HAWTHORN SUITES § FRANCHISING, INC., WYNDHAM HOTELS & RESORTS, INC. and g MOHAMMAD SADIQ NOSHAHI, § 162ml JUDICIAL DISTRICT § Defendant. § § HAWTHORN SUITES FRANCHISING, INC. AND WYNDHAM HOTELS & RESORTS, INC.’S FIRST AMENDED ANSWER Defendants Hawthorn Suites Franchising, Inc. (“HSF”) and Wyndham Hotels & Resorts, Inc. (“WHRI”) (collectively, the “Wyndham Defendants”) file their First Amended Answer in response to Plaintiffs’ Second Amended Original Petition (the “Petition”), and any amendments or supplements thereto, filed by Tony Evans, Sr., and Aretha Evans, individually and on behalf of their minor son, T.E., deceased, and Monique Pickens, individually and on behalf of her minor son, D.W. (“Plaintiffs”). I. GENERAL DENIAL Pursuant to Rule 92 of the Texas Rules of Civil Procedure, the Wyndham Defendants generally deny each and every allegation contained in Plaintiffs’ Petition and any amendments or supplements thereto, and demand strict proof thereof. The Wyndham Defendants further reserve the right to amend or supplement this answer at a future date in accordance with the Texas Rules of Civil Procedure. II. AFFIRMATIVE AND OTHER DEFENSES Subject to foregoing general denial, Without admitting liability as to any of Plaintiffs’ claims, and without assuming the burden of proof on any claims, defenses, or factual issues that would otherwise rest with Plaintiffs, the Wyndham Defendants assert the following defenses: 1. Plaintiffs’ claims and/or alleged damages are barred in whole or in part because the Petition fails to state a claim upon which relief can be granted. 2. Plaintiffs’ claims and/or alleged damages are barred in whole or in part because the proximate cause(s) of the injuries or damages alleged in the Petition, if any, was the negligence and/or tortious conduct of persons or entities other than the Wyndham Defendants, and therefore Plaintiffs are barred from obtaining a recovery herein against the Wyndham Defendants, or, alternatively, any such recovery must be reduced in proportion to the negligence and tortious conduct of others, including all limitations set forth in the Comparative Responsibility Act, Tex. Civ. Prac. & Rem. Code §§ 33.001, et seq., or otherwise under applicable law. Moreover, as alleged, one or more unknown persons allegedly committed criminal acts that caused the alleged loss or injury that is the subject of this lawsuit. Based on Plaintiffs’ allegations, the Wyndham Defendants would show that persons involved in the shooting alleged in the Petition (“John Does 1-5”), including the “unknown assailant” mentioned in Paragraph 25 of the Petition, are unknown criminal actors and are properly designated as responsible third parties pursuant to Section 33.0040) of the Texas Civil Practice & Remedies Code. John Doe l, the “unknown assailant,” allegedly engaged in criminal acts giving rise to Plaintiffs’ claims. John Does 2-5 are the persons, if any, who allegedly acted in conjunction with John Doe l in committing criminal acts. Plaintiffs have not identified or meaningfully described John Does 1-5, and the Wyndham Defendants are unaware of their identities. 3. Plaintiffs’ claims and/or alleged damages are barred in whole or in part due to Plaintiffs’ contributory negligence. 4. Plaintiffs’ claims and/or alleged damages are barred in Whole or in part because the incident that is the subject of Plaintiffs’ Petition was not caused in fact or proximately caused by any fault, negligence, act, omission, conduct, or breach of duty attributable to the Wyndham Defendants. 5. Plaintiffs’ claims and/or alleged damages are barred in whole or in part because the Wyndham Defendants did not own, operate, employ persons at, or control the day-to-day operations of the Hawthorn Suites®-branded hotel where the alleged acts giving rise to Plaintiffs’ claims took place. 6. Plaintiffs’ claims and/or alleged damages are barred in whole or in part because any injuries or damages alleged by Plaintiffs were the results of intervening and superseding causes for which the Wyndham Defendants cannot be held liable. 7. Plaintiffs’ claims and/or alleged damages are barred in whole or in part by operation of the assumption of risk doctrine. 8. Plaintiffs’ claims and/or alleged damages are barred in whole or in part due to offset/setoff, credit, contribution, and submission of comparative responsibility as to all potentially responsible parties pursuant to Chapters 32 and 33 of the Texas Civil Practice & Remedies Code. 9. Plaintiffs’ claims and/or alleged damages are barred in whole or in part to the extent Plaintiffs received, or are entitled to receive, payments from non-parties outside the scope of the collateral source rule. 10. Plaintiffs’ claims and/or alleged damages are barred in Whole or in part under Chapter 41 of the Texas Civil Practice & Remedies Code, including but not limited to Section 41.005 and Section 41.008. 11. Plaintiffs’ claims and/or alleged damages are barred in Whole or in part in accordance with the provisions of the applicable wrongfiil death statutes and common law. 12. Plaintiff s request for punitive/exemplary damages, to the extent such damages are available, is capped by applicable rule and/or statute and is subject to reduction. The Wyndham Defendants reserve the right to amend and supplement its answer to add affirmative defenses as necessary based on information obtained during investigation or discovery. III. PRAYER WHEREFORE, the Wyndham Defendants respectfully request that upon trial or other final hearing of this matter, Plaintiffs take nothing against the Wyndham Defendants and that the Court grant the Wyndham Defendants such other and further relief to which they may be justly entitled, at law or in equity, including costs and reasonable attorneys’ fees. Date: January 10, 2022 Respectfully submitted, DLA PIPER LLP (US) /s/ Jason Hopkins Jason Hopkins State Bar No. 24059969 jason.hopkins@d1apiper.com 1900 N. Pearl St. Suite 2200 Dallas, Texas 75201 T: 214.743.4500 F: 214.743.4545 Christopher B. Donovan State Bar No. 24097614 christopherb.donovan@dlapiper.com 1000 Louisiana Street, Suite 2800 Houston, Texas 77002 T: 713.425.8400 F: 713.425.8401 Counsel for Defendants Wyndham Hotels & Resorts, Inc. and Hawthorn Suites Franchising, Inc. CERTIFICATE OF SERVICE I hereby certify that, on January 10, 2022, a true and correct copy of the foregoing document was served on counsel of record in accordance with the Texas Rules of Civil Procedure Via the court’s electronic filing system: /s/ Christopher B. Donovan Christopher B. Donovan 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. Sally Jones on behalf of Christopher Donovan Bar No. 24097614 sally.jones@dlapiper.com Envelope ID: 60669411 Status as of 1/10/2022 3:00 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Josimayra Diaz josi.diaz@dallascityhall.com 1/10/2022 2:43:19 PM SENT Luz Aguilar luz.aguilar@dallascityhall.com 1/10/2022 2:43:19 PM SENT RoseMarie Chambers rose.chambers@dlapiper.com 1/10/2022 2:43:19 PM SENT NURU WITHERSPOON witherspoon@twlglawyers.com 1/10/2022 2:43:19 PM SENT Bradley J. Purcell bpurcell@reedsmith.com 1/10/2022 2:43:19 PM SENT Alicia Nixon anixon@reedsmith.com 1/10/2022 2:43:19 PM SENT Charletta Dawson cdawson@reedsmith.com 1/10/2022 2:43:19 PM SENT Ronald DHinds rdhinds@verizon.net 1/10/2022 2:43:19 PM SENT Janae Johnson johnson@twlglawyers.com 1/10/2022 2:43:19 PM SENT Shikendra Rhea srhea@reedsmith.com 1/10/2022 2:43:19 PM SENT Devan J. DalCol ddalcol@reedsmith.com 1/10/2022 2:43:19 PM SENT DAWN MAY MAY@TWLGLAWYERS.COM 1/10/2022 2:43:19 PM SENT Associated Case Party: HAWTHORN SUITES FRANCHISING, INC. Name BarNumber Email TimestampSubmitted Status Jason Hopkins 24059969 jason.hopkins@dlapiper.com 1/10/2022 2:43:19 PM SENT Christopher BDonovan Christopher.B.Donovan@dlapiper.com 1/10/2022 2:43:19 PM SENT Ronald DHinds rdhinds@verizon.net 1/10/2022 2:43:19 PM SENT Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Name Christopher BDonovan Ronald DHinds 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. Sally Jones on behalf of Christopher Donovan Bar No. 24097614 sally.jones@dlapiper.com Envelope ID: 60669411 Status as of 1/10/2022 3:00 PM CST Associated Case Party: WYNDHAM HOTELS & RESORTS, INC. Jason Hopkins 24059969 jason.hopkins@dlapiper.com 1/10/2022 2:43:19 PM SENT Associated Case Party: TASACOM REAL ESTATE, LLC Name BarNumber Email TimestampSubmitted Status Keith M. Aurzada Kaurzada@reedsmith.com 1/10/2022 2:43:19 PM SENT Associated Case Party: MOHAMMADSADIQNOSHAHI Name BarNumber Email TimestampSubmitted Status Ronald DHinds rdhinds@verizon.net 1/10/2022 2:43:19 PM SENT Associated Case Party: TONY EVANS Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@tw|g|awyers.com 1/10/2022 2:43:19 PM SENT Nuru Witherspoon witherspoon@twlg|awyers.com 1/10/2022 2:43:19 PM SENT Associated Case Party: T. E. Name BarNumber Email TimestampSubmitted Status Nuru Witherspoon Witherspoon@twlglawyers.com 1/10/2022 2:43:19 PM SENT Emily Taylor taylor@twlglawyers.com 1/10/2022 2:43:19 PM SENT Associated Case Party: ARETHA EVANS Name 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. Sally Jones on behalf of Christopher Donovan Bar No. 24097614 sally.jones@dlapiper.com Envelope ID: 60669411 Status as of 1/10/2022 3:00 PM CST Associated Case Party: ARETHA EVANS Emily Taylor taylor@twlglawyers.com 1/10/2022 2:43:19 PM SENT Nuru Witherspoon witherspoon@twlglawyers.com 1/10/2022 2:43:19 PM SENT