Answer: Maria Orr vs. Wendy Anne Smith

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                                CAUSE NO. 23-05-06300

 MARIA ORR                                                    IN THE DISTRICT COURT OF

 vs.                                                      MONTGOMERY       COUNTY, TEXAS

 WENDY ANNE SMITH                                             COUNTY COURT AT LAW #6


               DEFENDANTS’ ORIGINAL ANSWER AND JURY DEMAND

TO THE HONORABLE JUDGE OF SAID COURT:

       COMES     NOW,   WENDY      ANNE   SMITH,       Defendants,   in the above-entitled and

numbered cause, and in answer to Plaintiff's pleadings on file herein, would respectfully

show unto the Court as follows:

                                               |

       Defendants asserts a general denial as is authorized by Rule 92 of the Texas Rules

of Civil Procedure, and respectfully request that Plaintiff be required to prove the charges

and allegations against these     Defendants       by a preponderance of the evidence as is

required by the laws of the State of Texas.

                                               Il.

       Defendants   respectfully reserves the right at this time to amend         the Original

Answer to the Plaintiffs allegations after said Defendants have had the opportunity to

investigate more closely these claims, as is the right and privilege of said Defendants

under the Rules of Civil Procedure and the laws of the State of Texas.

                                               I.
By way of further Answer,          Defendants hereby give actual notice to the Plaintiff,

that any and all documents produced during discovery may be used against the party

Plaintiff, if any, at any pre-trial proceeding and/or trial of this matter without the necessity

of authenticating the document. This notice is given pursuant to Rule 193.7 of the Texas

Rules of Civil Procedure.

                                                   IV.

       Defendants invoke §41.0105 of the Texas Civil Practice and Remedies Code and

requests that to the extent Plaintiff seeks recovery of medical or healthcare expenses, the

evidence to prove such loss be limited to the amount actually paid by or on behalf of the

Plaintiff, as opposed to the amount charged.

                                                   Vv

       Defendants also invoke §18.091 of the Texas Civil Practice and Remedies Code

and requests that to the extent that Plaintiff seeks recovery for loss of earnings, loss of

earning capacity, loss of contributions of a pecuniary value, or a loss of inheritance, that

the evidence to prove such loss must be present in the form of a net loss after reduction

for income tax payments or unpaid tax liability.          Defendants further request that the Court

instruct the jury as to whether any recovery for compensatory damages sought by Plaintiff

is subject to federal income taxes.

                                                   Vi.

       Defendants     contend     Plaintiff's injuries and damages,       if any, were      proximately

caused, in whole or in part, by the contributory negligence of Plaintiff in one or more of

the following   particulars:    Failing   to see   what    Plaintiff should   have   seen    under the
prevailing circumstances; failing to use due care; crossing the street in a careless and

reckless manner; failing to take appropriate measures to avoid the collision; failing to keep

a proper lookout; failing to allow the intersection to clear before proceeding; and any and

all other acts of negligence or fault to be shown at the time of trial.

                                                  Vil.

        Defendants herein demand a trial by jury on all contested fact issues. On this date,

a jury fee has been paid.

        WHEREFORE,          PREMISES       CONSIDERED,        Defendants, WENDY ANNE SMITH,

prays   that   Plaintiff takes   nothing    by   reason   of th    suit,      and   that   Defendants   be

discharged.        Defendants pray further that all court d opts expended              or incurred in this

cause be adjudged        and taxed against Plaintiff, and fdr all such other and further relief,

both general and special, at law and in equity, to which Lkefendants may show themselves

justly entitled.

                                                 Respectfu                 ted,

                                                 JOHANSG               IRLESS, L.L.P.



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                                                 TODD TA’     On SBN: 00785087

                                                 BETH RAI AA , SBN: 24074925
                                                 1456 First Colony Boulevard
                                                 Sugar Land, Texas 77479
                                                 Telephone:    (281) 313-5000
                                                 Email:        ttaylor@jandflaw.com
                                                 ATTORNEY FOR DEFENDANT
CERTIFICATE OF             SERVICE

       | do hereby certify that a true and correct   HN     of Defendant’s Original Answer and
Jury Demand was sent to all counsel of record                  B. First Class Mail, Certified Mail,
Return Receipt Requested, Fax, Email, e-servi                   hand-delivery, on June 12, 2023.




                                            TODD          DA