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FILED
3/21/2023 2:34 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Loaidi Grove DEPUTY
CAUSE NO. DC-23-01413
HIWOT MIRACH IANF 0F N.s. § IN THE DISTRICT COURT
AND A.B., §
PLAINTIFFS, §
§
VS. § 298TH DISTRICT COURT
§
JULIO ANTONIO VICENTE §
RODAs, §
DEFENDANT. § DALLAS COUNTY, TEXAS
DEFENDANT IULIO ANTONIO VICENTE RODAS’S ORIGINAL ANSWER.
REQUEST FOR DISCLOSURE. AND IURY DEMAND
TO THE HONORABLE JUDGE OF SAID COURT:
Defendant, Julio Antonio Vicente Rodas (hereinafter referred tO as “Defendant”), file this
Original Answer, Request for Disclosure, and Jury Demand in the above-referenced and numbered
cause, and would respectfully show the following:
I.
As authorized by Rule 92, TEXAS RULES OF CIVIL PROCEDURE, Defendant generally denies
each and every, all and singular, the allegations found in Plaintiffs Petition and, since they are
allegations of fact, the Plaintiffs should be required to prove the allegations asserted against Defendant
by a preponderance Of the evidence in accordance with the laws of the State of Texas.
II.
Defendant further asserts that he did not proximately cause Plaintiffs’ damages, and that their
conduct, actions and/ or omissions, if any, were nOt the producing cause Of Plaintiffs’ damages.
III.
Defendant further asserts that Plaintiffs were contributorily negligent in that they failed to
exercise that degree of care and caution, which would have been exercised by a person of ordinary
prudence. Some or all of the above acts and omissions on the part of the Plaintiffs proximately caused
DEFENDANT JULIO ANTONIO VICENTE RODAS’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE - Page - 1
the subject accident and Plaintiffs’ damages, if any. Recoverable damages, if any, should therefore be
proportionately reduced in accordance with the percentage of the Plaintiffs’ negligence which
proximately caused the incident in this lawsuit.
IV.
Defendant further asserts that he was confronted by a sudden emergency arising suddenly and
unexpectedly, which was not proximately caused by any negligence on their part and which to a
reasonable person, requires immediate action without time for deliberation.
V.
Defendant further asserts that any injuries, damages or liabilities complained of by Plaintiffs
herein were the result in whole or in part of an unavoidable accident beyond the control of Defendant
and was not the result of any act or omission on their part.
VI.
Defendant further asserts that the Plaintiffs are not entitled to recover for loss of earnings,
loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, unless
Plaintiffs present's evidence to prove the loss 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 TEX.
CIV. PRAC. & REM. Code. Ann. §18.091.
VII.
Defendant further asserts that Plaintiffs failed to mitigate their damages, if any, for the
incident made the basis of this lawsuit.
VIII.
Defendant further asserts that portions of the Plaintiffs’ alleged damages may be based upon
unrelated pre—existing conditions or infirmities for which the Plaintiffs are entitled to no recovery by
this suit.
DEFENDANT JULIO ANTONIO VICENTE RODAS’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE - Page - 2
IX.
Defendant fithher asserts that the Plaintiffs are not entitled to recovery any past medical
expenses that have been reduced, written off or adjusted, and in accordance with TEX. CIV. PRAC. &
REM. Code Ann. §41.0105, Plaintiffs are limited to recover only those expenses actually paid or
incurred by them.
X.
Defendant further seeks the protection of any statute and/ or law which caps, restricts, limits
or modifies the amount of monetary damages which might be awarded against Defendant in
connection with this lawsuit.
XI.
REQUEST FOR DISCLOSURE
Further, pursuant to Rule 194 of the TEXAS RULES OF CIVIL PROCEDURE, Defendant hereby
requests Plaintiffs to disclose the information and materials described in Rule 194.2 (a)
—
(l), including
“the name, address, and telephone number of any person who may be designated as a responsible
third party.”
XII.
NOTICE OF INTENT TO USE PLAINTIFFS' DOCUMENTS
Defendant hereby gives notice of its intention to use at trial or any hearing any document
produced by Plaintiffs in response to written discovery.
XIII.
JURY DEMAND
Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Defendants demand a jury trial.
The appropriate jury fee has been or will be paid to the clerk of the court within thirty (30) days in
advance of the trial setting.
DEFENDANT JULIO ANTONIO VICENTE RODAS’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE - Page - 3
XIV.
PRAYER
BASED ON THE FOREGOING, Defendant Julio Antonio Vicente Rodas pray that
Plaintiffs take nothing by their suit, for the recovery of costs in defending Plaintiffs’ suit, and for such
further relief to which Defendant may be justly entitled.
Respectfully Submitted,
THE LAW OFFICE OF CHRYSTI BRYANT
JAWZALEZ
Texas ar 0. 24027331
8360 LBJ Freeway, Suite 410
Dallas, TX 75243
Telephone: 972—892—4550
Facsimile: 214—575—5575
Email: javier.gonzalez@kemper.com
—
Eservica KADaHasEsewice®kempercom
ATTORNEYS FOR DEFENDANT JULIO
ANTONIO VICENTE RODAS
DEFENDANT JULIO ANTONIO VICENTE RODAS’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE - Page - 4
CERTIFICATE OF SERVICE
This is to certify tat, on tis the 25‘ day of Mrch 2023, a true and correct copy of the foregoing
document was forwarded to all counsel of record as follows:
Nejat Ahmed _ Hand Delivery
LeMaster & Ahmed PLLC _ Facsimile
5700 Tennyson Parkway, Suite 310A _ Certified Mail, Return Receipt Requested
Plano, TX 75024 _ Receipted Commercial Delivery
neja@lalawtx.mm Regular U.S. Mail
X E— service
Aflomejfor Plaintzfi, Hiwot Mime/9 IANF ofNS .
and A.B.
JAWNZALEZ
DEFENDANT JULIO ANTONIO VICENTE RODAS’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE - Page - 5
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Melvina Conley on behalf of Javier Gonzalez
Bar No. 24027331
melvina.conley@kemper.com
Envelope ID: 73865843
Filing Code Description: Jury Demand - $40
Filing Description:
Status as of 3/22/2023 10:10 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jennifer LeMaster jennifer@lalawtx.com 3/21/2023 2:34:06 PM SENT
Nejat Ahmed nejat@lalawtx.com 3/21/2023 2:34:06 PM SENT
Debbie Johnson debbie@lalawtx.com 3/21/2023 2:34:06 PM SENT
Tisha Orchosky tisha@lalawtx.com 3/21/2023 2:34:06 PM SENT
Associated Case Party: JULIOANTONIOVICENTE RODAS
Name BarNumber Email TimestampSubmitted Status
Melvina Conley melvina.conley@kemper.com 3/21/2023 2:34:06 PM SENT
Javier Gonzalez javier.gonzalez@kemper.com 3/21/2023 2:34:06 PM SENT
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FILED 3/21/2023 2:34 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Loaidi Grove DEPUTY CAUSE NO. DC-23-01413 HIWOT MIRACH IANF 0F N.s. § IN THE DISTRICT COURT AND A.B., § PLAINTIFFS, § § VS. § 298TH DISTRICT COURT § JULIO ANTONIO VICENTE § RODAs, § DEFENDANT. § DALLAS COUNTY, TEXAS DEFENDANT IULIO ANTONIO VICENTE RODAS’S ORIGINAL ANSWER. REQUEST FOR DISCLOSURE. AND IURY DEMAND TO THE HONORABLE JUDGE OF SAID COURT: Defendant, Julio Antonio Vicente Rodas (hereinafter referred tO as “Defendant”), file this Original Answer, Request for Disclosure, and Jury Demand in the above-referenced and numbered cause, and would respectfully show the following: I. As authorized by Rule 92, TEXAS RULES OF CIVIL PROCEDURE, Defendant generally denies each and every, all and singular, the allegations found in Plaintiffs Petition and, since they are allegations of fact, the Plaintiffs should be required to prove the allegations asserted against Defendant by a preponderance Of the evidence in accordance with the laws of the State of Texas. II. Defendant further asserts that he did not proximately cause Plaintiffs’ damages, and that their conduct, actions and/ or omissions, if any, were nOt the producing cause Of Plaintiffs’ damages. III. Defendant further asserts that Plaintiffs were contributorily negligent in that they failed to exercise that degree of care and caution, which would have been exercised by a person of ordinary prudence. Some or all of the above acts and omissions on the part of the Plaintiffs proximately caused DEFENDANT JULIO ANTONIO VICENTE RODAS’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE - Page - 1 the subject accident and Plaintiffs’ damages, if any. Recoverable damages, if any, should therefore be proportionately reduced in accordance with the percentage of the Plaintiffs’ negligence which proximately caused the incident in this lawsuit. IV. Defendant further asserts that he was confronted by a sudden emergency arising suddenly and unexpectedly, which was not proximately caused by any negligence on their part and which to a reasonable person, requires immediate action without time for deliberation. V. Defendant further asserts that any injuries, damages or liabilities complained of by Plaintiffs herein were the result in whole or in part of an unavoidable accident beyond the control of Defendant and was not the result of any act or omission on their part. VI. Defendant further asserts that the Plaintiffs are not entitled to recover for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, unless Plaintiffs present's evidence to prove the loss 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 TEX. CIV. PRAC. & REM. Code. Ann. §18.091. VII. Defendant further asserts that Plaintiffs failed to mitigate their damages, if any, for the incident made the basis of this lawsuit. VIII. Defendant further asserts that portions of the Plaintiffs’ alleged damages may be based upon unrelated pre—existing conditions or infirmities for which the Plaintiffs are entitled to no recovery by this suit. DEFENDANT JULIO ANTONIO VICENTE RODAS’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE - Page - 2 IX. Defendant fithher asserts that the Plaintiffs are not entitled to recovery any past medical expenses that have been reduced, written off or adjusted, and in accordance with TEX. CIV. PRAC. & REM. Code Ann. §41.0105, Plaintiffs are limited to recover only those expenses actually paid or incurred by them. X. Defendant further seeks the protection of any statute and/ or law which caps, restricts, limits or modifies the amount of monetary damages which might be awarded against Defendant in connection with this lawsuit. XI. REQUEST FOR DISCLOSURE Further, pursuant to Rule 194 of the TEXAS RULES OF CIVIL PROCEDURE, Defendant hereby requests Plaintiffs to disclose the information and materials described in Rule 194.2 (a) — (l), including “the name, address, and telephone number of any person who may be designated as a responsible third party.” XII. NOTICE OF INTENT TO USE PLAINTIFFS' DOCUMENTS Defendant hereby gives notice of its intention to use at trial or any hearing any document produced by Plaintiffs in response to written discovery. XIII. JURY DEMAND Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Defendants demand a jury trial. The appropriate jury fee has been or will be paid to the clerk of the court within thirty (30) days in advance of the trial setting. DEFENDANT JULIO ANTONIO VICENTE RODAS’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE - Page - 3 XIV. PRAYER BASED ON THE FOREGOING, Defendant Julio Antonio Vicente Rodas pray that Plaintiffs take nothing by their suit, for the recovery of costs in defending Plaintiffs’ suit, and for such further relief to which Defendant may be justly entitled. Respectfully Submitted, THE LAW OFFICE OF CHRYSTI BRYANT JAWZALEZ Texas ar 0. 24027331 8360 LBJ Freeway, Suite 410 Dallas, TX 75243 Telephone: 972—892—4550 Facsimile: 214—575—5575 Email: javier.gonzalez@kemper.com — Eservica KADaHasEsewice®kempercom ATTORNEYS FOR DEFENDANT JULIO ANTONIO VICENTE RODAS DEFENDANT JULIO ANTONIO VICENTE RODAS’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE - Page - 4 CERTIFICATE OF SERVICE This is to certify tat, on tis the 25‘ day of Mrch 2023, a true and correct copy of the foregoing document was forwarded to all counsel of record as follows: Nejat Ahmed _ Hand Delivery LeMaster & Ahmed PLLC _ Facsimile 5700 Tennyson Parkway, Suite 310A _ Certified Mail, Return Receipt Requested Plano, TX 75024 _ Receipted Commercial Delivery neja@lalawtx.mm Regular U.S. Mail X E— service Aflomejfor Plaintzfi, Hiwot Mime/9 IANF ofNS . and A.B. JAWNZALEZ DEFENDANT JULIO ANTONIO VICENTE RODAS’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE - Page - 5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Melvina Conley on behalf of Javier Gonzalez Bar No. 24027331 melvina.conley@kemper.com Envelope ID: 73865843 Filing Code Description: Jury Demand - $40 Filing Description: Status as of 3/22/2023 10:10 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Jennifer LeMaster jennifer@lalawtx.com 3/21/2023 2:34:06 PM SENT Nejat Ahmed nejat@lalawtx.com 3/21/2023 2:34:06 PM SENT Debbie Johnson debbie@lalawtx.com 3/21/2023 2:34:06 PM SENT Tisha Orchosky tisha@lalawtx.com 3/21/2023 2:34:06 PM SENT Associated Case Party: JULIOANTONIOVICENTE RODAS Name BarNumber Email TimestampSubmitted Status Melvina Conley melvina.conley@kemper.com 3/21/2023 2:34:06 PM SENT Javier Gonzalez javier.gonzalez@kemper.com 3/21/2023 2:34:06 PM SENT