On September 01, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Garcia, Maria Luz,
and
Johnson, Mark E.,
for Injury or Damage Involving Motor Vehicle
in the District Court of Fort Bend County.
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MARIA LUZ GARCIA IN THE DISTRICT COURT
VS.
MARK E. JOHNSON HARRIS COUNTY, TEXAS
Transfer Venue and
to Transfer Venue and Original Answer
le of Civil Procedure 86, Defendant requests that this case be
for damages allegedly sustained as a result of the accident that occurred on February 27, 2022 in
in Fort
dies Code §15.002, venue lies in Fort Bend
Transfer Venue and transfer
Defendant further asserts the right to contribution and/or indemnity from any other
person, regardless of whether a party, who is found to have caused or contributed to the injuries
and/or the damages alleged by Plaintiff. Defendant is entitled to recover contribution from other
parties in this suit as allowed by law.
Defendant further asserts that Plaintiff's damages, if any, were the result of Plaintiffs
own acts of negligence in that Plaintiff failed to act as a reasonable and prudent person in the
same or similar circumstances, and, thus, Plaintiff is proportionately responsible for Plaintiff's
Defendant further asserts that Plaintiffs injuries and damages, if any, were proximately
caused, in whole or in part, by the negligence of Plaintiff in one or more of the following
Failing to see what Plaintiff should have seen under the prevailing
circumstances;
Driving in a careless or reckless manner;
e brakes of Plaintiff's vehicle;
speed under the circumstances; and
Any and all other acts of Plaintiff's negligence or fault that may come to
Defendant specially excepts to Plaintiffs Original Petition on the grounds that Plaintiff
pled gross negligence and seeks exemplary damages, but has not pleaded the facts necessary to
justify and or support either a claim for gross negligence, or an award of punitive damages.
Defendant asks the Court to sustain Defendant’s special exception and order Plaintiff to amend
her Petition and either drop the gross negligence and exemplary damages claims or plead facts
that would justify and or support an award of punitive damages. That is, Plaintiff must show
how the negligence of Defendant, if any, wa
Defendant further asserts that any award of exemplary damages shall violate the Due
Process Clause of the U.S. or Texas Constitution and reserves all rights to introduce evidence to
mitigate any potential award
Request for Bifurcated Trial
In the event that this Court permits the jury to hear Plaintiffs claim for exemplary
damages, Defendant hereby requests a bifurcated trial pursuant to the Texas Rules of Civil
Jury Demand
Pursuant to Texas Rule of Civil Procedure 216, Defendant makes a demand for jury trial.
The jury fee will be paid pending the Court’s ruling on the Motion to Transfer Venue.
Notice
All attorneys and staff of Linda M. Villarreal & Associates are employees of the Law
Defendant Mark E. Johnson respectfully requests that Plaintiff take nothing, that
Defendant recover costs, and that the Court grant other relief, both general and special, to which
Respectfully submitted,
Linda M. Villarreal & Associates
Email: stex.law-villarreal@statefarm.com
Attorneys for Defendant
Mark E. Johnson
Certificate of Conference
A reasonable effort has been made to resolve the dispute without the necessity of court
e effort failed.
OPS
Certificate of Service
I certify that a copy of this document was served pursuant to the Texas Rules of Civil
DeSouza Injury Lawyers
oo seer tee
¢ HARD,
t ey
“yy,
Mail Braye
Document Filed Date
September 01, 2023
Case Filing Date
September 01, 2023
Category
Injury or Damage Involving Motor Vehicle
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Preview
MARIA LUZ GARCIA IN THE DISTRICT COURT VS. MARK E. JOHNSON HARRIS COUNTY, TEXAS Transfer Venue and to Transfer Venue and Original Answer le of Civil Procedure 86, Defendant requests that this case be for damages allegedly sustained as a result of the accident that occurred on February 27, 2022 in in Fort dies Code §15.002, venue lies in Fort Bend Transfer Venue and transfer Defendant further asserts the right to contribution and/or indemnity from any other person, regardless of whether a party, who is found to have caused or contributed to the injuries and/or the damages alleged by Plaintiff. Defendant is entitled to recover contribution from other parties in this suit as allowed by law. Defendant further asserts that Plaintiff's damages, if any, were the result of Plaintiffs own acts of negligence in that Plaintiff failed to act as a reasonable and prudent person in the same or similar circumstances, and, thus, Plaintiff is proportionately responsible for Plaintiff's Defendant further asserts that Plaintiffs injuries and damages, if any, were proximately caused, in whole or in part, by the negligence of Plaintiff in one or more of the following Failing to see what Plaintiff should have seen under the prevailing circumstances; Driving in a careless or reckless manner; e brakes of Plaintiff's vehicle; speed under the circumstances; and Any and all other acts of Plaintiff's negligence or fault that may come to Defendant specially excepts to Plaintiffs Original Petition on the grounds that Plaintiff pled gross negligence and seeks exemplary damages, but has not pleaded the facts necessary to justify and or support either a claim for gross negligence, or an award of punitive damages. Defendant asks the Court to sustain Defendant’s special exception and order Plaintiff to amend her Petition and either drop the gross negligence and exemplary damages claims or plead facts that would justify and or support an award of punitive damages. That is, Plaintiff must show how the negligence of Defendant, if any, wa Defendant further asserts that any award of exemplary damages shall violate the Due Process Clause of the U.S. or Texas Constitution and reserves all rights to introduce evidence to mitigate any potential award Request for Bifurcated Trial In the event that this Court permits the jury to hear Plaintiffs claim for exemplary damages, Defendant hereby requests a bifurcated trial pursuant to the Texas Rules of Civil Jury Demand Pursuant to Texas Rule of Civil Procedure 216, Defendant makes a demand for jury trial. The jury fee will be paid pending the Court’s ruling on the Motion to Transfer Venue. Notice All attorneys and staff of Linda M. Villarreal & Associates are employees of the Law Defendant Mark E. Johnson respectfully requests that Plaintiff take nothing, that Defendant recover costs, and that the Court grant other relief, both general and special, to which Respectfully submitted, Linda M. Villarreal & Associates Email: stex.law-villarreal@statefarm.com Attorneys for Defendant Mark E. Johnson Certificate of Conference A reasonable effort has been made to resolve the dispute without the necessity of court e effort failed. OPS Certificate of Service I certify that a copy of this document was served pursuant to the Texas Rules of Civil DeSouza Injury Lawyers oo seer tee ¢ HARD, t ey “yy, Mail Braye