Answer: Steven Sexton a/n/f of G.S., a Minor, D.S., a Minor, M.S., a Minor, and V.S., a Minor, Alfonsa Torres, Leopoldo Serrano vs. Michael Hartwell

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                                CAUSE NO.            04153

 STEVEN SEXTON                                        IN THE DISTRICT COURT OF
 INDIVIDUALLY A/N/F OF G.S.,
 A MINOR, D.S., A MINOR, M.S., A
 MINOR, V.S., A MINOR,
 LEOPOLDO SERRANO, AND                                    MONTGOMERY COUNTY,
 ALFONSA TORRES
 Plaintiff,


                                                                 JUDICIAL DISTRICT
 MICHAEL HARTWELL
 Defendant.

         DEFENDANT MICHAEL HARTWELL’S ORIGINAL ANSWER

TO THE HONORABLE JUDGE OF SAID COURT:

       MICHAEL HARTWELL (“Defendant”) Defendant in the above styled and

numbered cause, file thi Original Answer to Plaintiffs Original Petition, and would

respectfully show the Court the following:



                                  GENERAL DENIAL

       Subject to such stipulations and admissions as may hereafter be made, Defendant

assert a general denial as authorized by Rule 92 of the Texas Rules of Civil Procedure and

respectfully request that Plaintiffs be required to prove the charges and allegations made

against Defendant by a preponderance of the evidence as required by the Constitution and the

laws of the State of Texas.
                                               II.

                                 COMPARATIVE FAULT

       The incident complained of in Plaintiffs’ Original Petition was caused by the negligence

and carelessness on the part of Paula Sexton, and this was the sole cause or at least a proximate

cause of the incident made the basis of this lawsuit.

                                              III.

            LIMITATIONS ON LIABILITY FOR MEDICAL EXPENSES

       For further answer, Defendant’s liability, if any, for Plaintiffs’ medical expenses is

limited to the amount actually paid or incurred by or on behalf of Plaintiffs in accordance with

Section 41.0105 of the Texas Civil Practice and Remedies Code.

                                              IV.

       The statutory defense set forth in Section 41.0105 of the Texas Civil Practice and

Remedies Code is asserted to limit recovery of medical or healthcare expenses to the amount

actually paid or incurred.

       Further, Plaintiffs’ claims for medical expenses are barred by the provision of Section

146, eq seq of the Texas Civil Practice and Remedies Code, to the extent that Plaintiffs are

covered by medical insurance and medical providers have refused to submit the medical bills

to the medical insurance provider, CPRC 146.003.




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                                               V.

                         FAILURE TO MITIGATE DAMAGES

       Plaintiffs’ claims are barred, in whole or in part, by Plaintiffs’ failure to mitigate

damages.

                                              VI.

             LIMITATION ON RECOVERY OF LOSS OF EARNINGS

       Further, Defendant states that pursuant to §18.091 of the Texas Civil Practice and

Remedies Code, if Plaintiffs are seeking recovery for loss of earnings, loss of earning capacity,

or loss of contributions of a pecuniary value, any evidence to prove the alleged loss must be

presented in the form of a net loss after reduction for income tax payments or unpaid tax

liability pursuant to any federal income tax law.

                                              VII.

       Should the court decide that punitive damages should be awarded in this case, Plaintiffs

should be required to show that they are entitled to such damages by "clear and convincing

evidence" rather than by a "preponderance of the evidence." Punitive damages are intended

to punish, and it is not appropriate for Plaintiffs to be allowed to recover such damages by the

lower standard of the burden of proof.

                                             VIII.

       Should the court decide that punitive damages should be awarded, the damages must

be based on a finding on intentional, malicious, and conscious criminal conduct by Defendant.


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                                                IX.

    RULE 193.7 NOTICE OF INTENT TO USE DISCOVERY DOCUMENTS

       Pursuant to TEX. R. CIV. P. 193.7, Plaintiffs are hereby notified that Defendant shall

use any and all documents Plaintiffs and Defendant produce in response to any discovery

request in all pretrial proceedings and at the time of trial.

                                                X.

                NOTICE OF CONSENT TO ELECTRONIC SERVICE

       Defendant consents to electronic service of pleadings, motions, orders, notices, and

discovery in this cause only when service is completed through eFileTexas.gov, the state-

authorized electronic filing manager and by serving all individuals who have elected to receive

notice on behalf of Defendant.


                                            PRAYER

       FOR THESE REASONS, Defendant MICHAEL HARTWELL, prays that

Plaintiffs take nothing by way of this suit; that Judgment be entered for Defendant; that

Defendant recover costs of Court; and that they have such other and further relief, at law and

in equity, to which they may be justly entitled.

                                              Respectfully submitted,

                                              LANZA LAW FIRM, P.C.



                                              NICK LANZA
                                              TBA No. 11941225
                                                4
MATTHEW WITHEREL
TBA No. 24081385
4950 Bissonnet Street
Bellaire, TX 77401
eservice@lanzalawfirm.com
(210) 564-9100 Telephone
(210) 899-3590 Facsimile

ATTORNEYS FOR DEFENDANT,
MICHAEL HARTWELL




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                             CERTIFICATE OF SERVICE

       I certify that a true and correct copy of this document was sent to all known counsel
of record on the 30th day of March 2023, as indicated:

       Patrick Scott                       Via E-Service: eservice@scottlawfirm.com
       SCOTT ALW FIRM
       402 Simonton Street
       Conroe, TX 77301


                                                  NICK LANZA




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