Preview
Electronically Filed
5/25/2021 4:48 PM
Hidalgo County District Clerks
Reviewed By: Aaron Castaneda
CAUSE NO. C-5246-19-D
RAUL J. CANALES and § IN THE DISTRICT COURT
EZEQUIEL ROSALES GONZALEZ §
Plaintiffs, §
§
V. § 206th JUDICIAL DISTRICT
§
MS TRANSPORTATION, LLC and §
SEBASTIAN S. MACIAS §
Defendants. § HIDALGO COUNTY, TEXAS
DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS’
FIFTH AMENDED ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS, Defendants
in the above numbered and entitled cause herein, and makes and file their Fifth Amended Original
Answer, and for such Answer say as follows:
I.
Pursuant to Rule 92 of the Texas Rules of Civil Procedure, MS TRANSPORTATION, LLC
and SEBASTIAN S. MACIAS, generally deny each and every, all the singular, the allegations
contained in the Plaintiff’s Fourth Amended Original Petition, and demand strict proof thereof by a
preponderance of the credible evidence, as required by the Constitution and laws of the State of Texas.
II.
Recovery, if any, is limited to medical expenses “actually paid or incurred” by Plaintiffs, Raul
Canales and Ezequiel Rosales Gonzalez, not merely those alleged to be reasonable and necessary.
See Tex.Civ.Prac. & Rem. Code § 41.0105.
DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS’ FIFTH AMENDED
ORIGINAL ANSWER – Page 1
Electronically Filed
5/25/2021 4:48 PM
Hidalgo County District Clerks
Reviewed By: Aaron Castaneda
III.
Further answering herein, should such be necessary, and in the alternative, Defendants
allege that Plaintiff, RAUL CANALES’ damages, if any, were the result of a pre-existing
condition, namely pre-existing conditions to his lumbar, thoracic and cervical spine, as well as his
left shoulder, including but not limited to pre-existing fractures and degenerative issues to his
spine, and degenerative issues to his left shoulder.
IV.
Further answering herein, should such be necessary, and in the alternative, Defendant
alleges that Plaintiff, EZEQUIEL ROSALES GONZALEZ’S damages, if any, were the result of
a pre-existing condition, namely pre-existing conditions to his cervical spine and right shoulder,
to include but not limited to degenerative issues to his right shoulder and spine.
V.
For further answer, Plaintiffs’ evidence of economic loss of wages or loss of earning
capacity 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 in accordance with Section 18.091,
Texas Civil Practice and Remedies Code.
VI.
For further answer, Defendants, MS TRANSPORTATION, LLC and SEBASTIAN S.
MACIAS deny any and all allegations of gross negligence, knowing conduct, intentional and/or
wanton behavior, malice, and/or other conduct which Plaintiffs may argue form the basis for any
entitlement to punitive and/or exemplary damages. In addition, these Defendants MS
TRANSPORTATION, LLC and SEBASTIAN S. MACIAS rely upon any and all damage caps to
which it may be entitled at Statutory and Common Law including, but not limited to, the damage cap
DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS’ FIFTH AMENDED
ORIGINAL ANSWER – Page 2
Electronically Filed
5/25/2021 4:48 PM
Hidalgo County District Clerks
Reviewed By: Aaron Castaneda
contained in sections 41.007 and/or 41.008 of the TEXAS CIVIL PRACTICE & REMEDIES CODE.
Defendants, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS, invokes Chapter 41,
Section 41.008 (a) and Section 41.008 (b)(1)(A)(B) and Section 41.008 (b)(2) of the TEXAS CIVIL
PRACTICE & REMEDIES CODE pertaining to limitation of gross/punitive damages.
VII.
These Defendants respectfully request that a court reporter attend all sessions of court in
connection with this case, and that said court reporter take full notes of all testimony offered, together
with any objections, rulings and remarks of the Court and exceptions thereto, and such other
proceedings as may be needed or requested by these Defendants. See Christie v. Price, 558 S.W. 2d
922 (Tex. Civ. App. – Texarkana 1977, no writ)
VIII.
SPECIAL EXCEPTIONS
These Defendants object and specially excepts to Plaintiffs’ Third Amended Petition of record
because it fails to specify the maximum amount of damages claimed. Defendants hereby request the
Court require Plaintiffs to replead specifying the maximum amount of damages claimed.
IX.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Defendants, MS TRANSPORTATION, LLC
and SEBASTIAN S. MACIAS pray that Plaintiffs take nothing by their suit and that these Defendants
recover costs, and for such other and general relief as the Court may deem appropriate in the interest
of justice and equity.
DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS’ FIFTH AMENDED
ORIGINAL ANSWER – Page 3
Electronically Filed
5/25/2021 4:48 PM
Hidalgo County District Clerks
Reviewed By: Aaron Castaneda
Respectfully submitted,
CHAVES, OBREGON & PERALES, L.L.P.
802 N. Carancahua, Suite 2100
Corpus Christi, TX 78470
(361) 884-5400
(361) 884-5401 (facsimile)
By: /s/ Douglas E. Chaves
DOUGLAS E. CHAVES
State Bar No. 04161400
dchaves@coplawfirm.com
AIDAN PERALES
State Bar No. 24027604
aperales@coplawfirm.com
ATTORNEYS FOR DEFENDANTS,
MS TRANSPORTATION, LLC and
SEBASTIAN S. MACIAS
DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS’ FIFTH AMENDED
ORIGINAL ANSWER – Page 4
Electronically Filed
5/25/2021 4:48 PM
Hidalgo County District Clerks
Reviewed By: Aaron Castaneda
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing instrument has been served upon all counsel of
record to this proceeding by the manner indicated below, on this the 25th day of May, 2021.
__/s/ Douglas E. Chaves
DOUGLAS E. CHAVES
Via e-serve
Langdon “Trey” Smith
lsmith@jimadler.com
Michael Gomez
mgomez@jimadler.com
JIM S. ADLER & ASSOCIATES
3D/International Tower
1900 West Loop South, 20th Floord
Houston, Texas 77027
713/735-2114-Telephone
713/781-2514-Facsimile
Attorneys for Plaintiff
DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS’ FIFTH AMENDED
ORIGINAL ANSWER – Page 5
Preview
Electronically Filed 5/25/2021 4:48 PM Hidalgo County District Clerks Reviewed By: Aaron Castaneda CAUSE NO. C-5246-19-D RAUL J. CANALES and § IN THE DISTRICT COURT EZEQUIEL ROSALES GONZALEZ § Plaintiffs, § § V. § 206th JUDICIAL DISTRICT § MS TRANSPORTATION, LLC and § SEBASTIAN S. MACIAS § Defendants. § HIDALGO COUNTY, TEXAS DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS’ FIFTH AMENDED ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS, Defendants in the above numbered and entitled cause herein, and makes and file their Fifth Amended Original Answer, and for such Answer say as follows: I. Pursuant to Rule 92 of the Texas Rules of Civil Procedure, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS, generally deny each and every, all the singular, the allegations contained in the Plaintiff’s Fourth Amended Original Petition, and demand strict proof thereof by a preponderance of the credible evidence, as required by the Constitution and laws of the State of Texas. II. Recovery, if any, is limited to medical expenses “actually paid or incurred” by Plaintiffs, Raul Canales and Ezequiel Rosales Gonzalez, not merely those alleged to be reasonable and necessary. See Tex.Civ.Prac. & Rem. Code § 41.0105. DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS’ FIFTH AMENDED ORIGINAL ANSWER – Page 1 Electronically Filed 5/25/2021 4:48 PM Hidalgo County District Clerks Reviewed By: Aaron Castaneda III. Further answering herein, should such be necessary, and in the alternative, Defendants allege that Plaintiff, RAUL CANALES’ damages, if any, were the result of a pre-existing condition, namely pre-existing conditions to his lumbar, thoracic and cervical spine, as well as his left shoulder, including but not limited to pre-existing fractures and degenerative issues to his spine, and degenerative issues to his left shoulder. IV. Further answering herein, should such be necessary, and in the alternative, Defendant alleges that Plaintiff, EZEQUIEL ROSALES GONZALEZ’S damages, if any, were the result of a pre-existing condition, namely pre-existing conditions to his cervical spine and right shoulder, to include but not limited to degenerative issues to his right shoulder and spine. V. For further answer, Plaintiffs’ evidence of economic loss of wages or loss of earning capacity 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 in accordance with Section 18.091, Texas Civil Practice and Remedies Code. VI. For further answer, Defendants, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS deny any and all allegations of gross negligence, knowing conduct, intentional and/or wanton behavior, malice, and/or other conduct which Plaintiffs may argue form the basis for any entitlement to punitive and/or exemplary damages. In addition, these Defendants MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS rely upon any and all damage caps to which it may be entitled at Statutory and Common Law including, but not limited to, the damage cap DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS’ FIFTH AMENDED ORIGINAL ANSWER – Page 2 Electronically Filed 5/25/2021 4:48 PM Hidalgo County District Clerks Reviewed By: Aaron Castaneda contained in sections 41.007 and/or 41.008 of the TEXAS CIVIL PRACTICE & REMEDIES CODE. Defendants, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS, invokes Chapter 41, Section 41.008 (a) and Section 41.008 (b)(1)(A)(B) and Section 41.008 (b)(2) of the TEXAS CIVIL PRACTICE & REMEDIES CODE pertaining to limitation of gross/punitive damages. VII. These Defendants respectfully request that a court reporter attend all sessions of court in connection with this case, and that said court reporter take full notes of all testimony offered, together with any objections, rulings and remarks of the Court and exceptions thereto, and such other proceedings as may be needed or requested by these Defendants. See Christie v. Price, 558 S.W. 2d 922 (Tex. Civ. App. – Texarkana 1977, no writ) VIII. SPECIAL EXCEPTIONS These Defendants object and specially excepts to Plaintiffs’ Third Amended Petition of record because it fails to specify the maximum amount of damages claimed. Defendants hereby request the Court require Plaintiffs to replead specifying the maximum amount of damages claimed. IX. PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Defendants, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS pray that Plaintiffs take nothing by their suit and that these Defendants recover costs, and for such other and general relief as the Court may deem appropriate in the interest of justice and equity. DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS’ FIFTH AMENDED ORIGINAL ANSWER – Page 3 Electronically Filed 5/25/2021 4:48 PM Hidalgo County District Clerks Reviewed By: Aaron Castaneda Respectfully submitted, CHAVES, OBREGON & PERALES, L.L.P. 802 N. Carancahua, Suite 2100 Corpus Christi, TX 78470 (361) 884-5400 (361) 884-5401 (facsimile) By: /s/ Douglas E. Chaves DOUGLAS E. CHAVES State Bar No. 04161400 dchaves@coplawfirm.com AIDAN PERALES State Bar No. 24027604 aperales@coplawfirm.com ATTORNEYS FOR DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS’ FIFTH AMENDED ORIGINAL ANSWER – Page 4 Electronically Filed 5/25/2021 4:48 PM Hidalgo County District Clerks Reviewed By: Aaron Castaneda CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing instrument has been served upon all counsel of record to this proceeding by the manner indicated below, on this the 25th day of May, 2021. __/s/ Douglas E. Chaves DOUGLAS E. CHAVES Via e-serve Langdon “Trey” Smith lsmith@jimadler.com Michael Gomez mgomez@jimadler.com JIM S. ADLER & ASSOCIATES 3D/International Tower 1900 West Loop South, 20th Floord Houston, Texas 77027 713/735-2114-Telephone 713/781-2514-Facsimile Attorneys for Plaintiff DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS’ FIFTH AMENDED ORIGINAL ANSWER – Page 5