On May 13, 2021 a
Jury Demand
was filed
involving a dispute between
Smith, Kervin,
and
Bramel, Nicholas,
Johnson, Reese,
for Injury/Damage - Motor Vehicle
in the District Court of Galveston County.
Preview
Filed: 8/16/2021 9:56 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 56325605
By: Shailja Dixit
8/16/2021 10:07 AM
CAUSE NO. 21-CV-0640
KERVIN SMITH § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
vs. § GALVESTON COUNTY, TEXAS
§
REESE JOHNSON AND §
NICHOLAS BRAMEL §
§
Defendants. § 212th JUDICIAL DISTRICT
DEFENDANT NICHOLAS BRAMEL’S
ORIGINAL ANSWER AND JURY DEMAND
Defendant Nicholas Bramel files this answer in response to Plaintiff Kervin Smith’s
First Amended Petition, and would respectfully show the Court as follows:
I. GENERAL DENIAL
1. Pursuant to Texas Rule of Civil Procedure 92, Defendant generally denies the
material allegations set forth in Plaintiff’s First Amended Petition. Plaintiff therefore must prove
these allegations to the jury by the greater weight of the believable evidence, as required by the
Constitution and laws of this State.
2. Defendant reserves the right to file amended pleadings in this case in accordance
with the Texas Rules of Civil Procedure.
II. AFFIRMATIVE DEFENSES
3. Defendant asserts the following defenses to the claims and causes of action set forth
in Plaintiff’s First Amended Petition:
a. Plaintiff’s claims are barred in whole or in part by Plaintiff’s own
contributory and/or comparative negligence, which was a proximate and/or
producing cause of Plaintiff’s injuries, if any, and Plaintiff’s damages
should be eliminated or reduced accordingly;
b. Defendant would show that Plaintiff’s claimed injuries are the result of
either prior injuries, subsequent injuries, or pre-existing medical conditions.
Defendant would further show that such prior injuries, subsequent injuries,
or pre-existing conditions were a proximate cause of Plaintiff’s claimed
injuries;
c. Defendant would show that the conduct of a person or persons over whom
Defendant had no control and no right of control was the proximate and/or
sole proximate and/or producing and/or sole and/or new and independent
cause of any injuries and, consequently, any damages to Plaintiff;
d. Defendant would show that this accident was the result of a sudden
emergency and/or an unavoidable accident, as those terms are understood
in law;
e. To the extent Plaintiff has failed to mitigate his damages, Defendant asserts
failure to mitigate as an affirmative defense;
f. To the extent Plaintiff is entitled to any damages, recovery of any medical
expenses is limited by Civil Practices and Remedies Code Section 41.0105.
III. JURY DEMAND
4. Defendant respectfully requests trial by jury on all contested issues of fact.
IV. PRAYER FOR RELIEF
5. Defendant Nicholas Bramel prays that upon final trial and hearing in this case,
Plaintiff takes nothing by reason of this suit, that Defendant recovers his court costs and expenses,
and for all other relief to which he is entitled.
Respectfully submitted,
JORDAN, LYNCH & CANCIENNE PLLC
By: /s/ Michael Cancienne
Michael Cancienne
State Bar No. 24055256
1980 Post Oak Blvd., Suite 2300
Houston, Texas 77056
Telephone: 713.955.4025
Facsimile: 713.955.9644
mcancienne@jlcfirm.com
ATTORNEYS FOR DEFENDANT
NICHOLAS BRAMEL
CERTIFICATE OF SERVICE
This certifies that a copy of the above and foregoing was sent to the following
counsel of record by means of the Court’s electronic filing system on August 16, 2021.
Jose Luis Orihuela
Danielle R. Garcia
Orihuela & Associates, P.L.L.C.
P.O. Box 569
League City, Texas 77574
JLO@PainInTheCarWreck.com
Danielle@PainInTheCarWreck.com
Attorneys for Plaintiff
/s/ Michael Cancienne
Michael Cancienne
Document Filed Date
August 16, 2021
Case Filing Date
May 13, 2021
Category
Injury/Damage - Motor Vehicle
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Preview
Filed: 8/16/2021 9:56 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 56325605 By: Shailja Dixit 8/16/2021 10:07 AM CAUSE NO. 21-CV-0640 KERVIN SMITH § IN THE DISTRICT COURT OF § Plaintiff, § § vs. § GALVESTON COUNTY, TEXAS § REESE JOHNSON AND § NICHOLAS BRAMEL § § Defendants. § 212th JUDICIAL DISTRICT DEFENDANT NICHOLAS BRAMEL’S ORIGINAL ANSWER AND JURY DEMAND Defendant Nicholas Bramel files this answer in response to Plaintiff Kervin Smith’s First Amended Petition, and would respectfully show the Court as follows: I. GENERAL DENIAL 1. Pursuant to Texas Rule of Civil Procedure 92, Defendant generally denies the material allegations set forth in Plaintiff’s First Amended Petition. Plaintiff therefore must prove these allegations to the jury by the greater weight of the believable evidence, as required by the Constitution and laws of this State. 2. Defendant reserves the right to file amended pleadings in this case in accordance with the Texas Rules of Civil Procedure. II. AFFIRMATIVE DEFENSES 3. Defendant asserts the following defenses to the claims and causes of action set forth in Plaintiff’s First Amended Petition: a. Plaintiff’s claims are barred in whole or in part by Plaintiff’s own contributory and/or comparative negligence, which was a proximate and/or producing cause of Plaintiff’s injuries, if any, and Plaintiff’s damages should be eliminated or reduced accordingly; b. Defendant would show that Plaintiff’s claimed injuries are the result of either prior injuries, subsequent injuries, or pre-existing medical conditions. Defendant would further show that such prior injuries, subsequent injuries, or pre-existing conditions were a proximate cause of Plaintiff’s claimed injuries; c. Defendant would show that the conduct of a person or persons over whom Defendant had no control and no right of control was the proximate and/or sole proximate and/or producing and/or sole and/or new and independent cause of any injuries and, consequently, any damages to Plaintiff; d. Defendant would show that this accident was the result of a sudden emergency and/or an unavoidable accident, as those terms are understood in law; e. To the extent Plaintiff has failed to mitigate his damages, Defendant asserts failure to mitigate as an affirmative defense; f. To the extent Plaintiff is entitled to any damages, recovery of any medical expenses is limited by Civil Practices and Remedies Code Section 41.0105. III. JURY DEMAND 4. Defendant respectfully requests trial by jury on all contested issues of fact. IV. PRAYER FOR RELIEF 5. Defendant Nicholas Bramel prays that upon final trial and hearing in this case, Plaintiff takes nothing by reason of this suit, that Defendant recovers his court costs and expenses, and for all other relief to which he is entitled. Respectfully submitted, JORDAN, LYNCH & CANCIENNE PLLC By: /s/ Michael Cancienne Michael Cancienne State Bar No. 24055256 1980 Post Oak Blvd., Suite 2300 Houston, Texas 77056 Telephone: 713.955.4025 Facsimile: 713.955.9644 mcancienne@jlcfirm.com ATTORNEYS FOR DEFENDANT NICHOLAS BRAMEL CERTIFICATE OF SERVICE This certifies that a copy of the above and foregoing was sent to the following counsel of record by means of the Court’s electronic filing system on August 16, 2021. Jose Luis Orihuela Danielle R. Garcia Orihuela & Associates, P.L.L.C. P.O. Box 569 League City, Texas 77574 JLO@PainInTheCarWreck.com Danielle@PainInTheCarWreck.com Attorneys for Plaintiff /s/ Michael Cancienne Michael Cancienne