On January 30, 2023 a
Motion-Secondary
was filed
involving a dispute between
Hiwot Mirach, Individually And As Next Friend Of N.S. And A.B., Minors,
Mirach, Hiwot,
and
Vicente Rodas, Julio Antonio,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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Cause No. DC-23-01413
HIWOT MIRACH, Individually and as IN THE DISTRICT COURT OF
§§§§§§§§
Next Friend of N.S and A.B., minors
Plaintiff?
298th JUDICIAL DISTRICT
V.
JULIO ANTONIO VICENTE RODAS DALLAS COUNTY, TEXAS
Defendant
ORDER GRANTING PLAINTIFF'S NO EVIDENCE MOTION FOR
PARTIAL SUMMARY JUDGMENT
On this day, the No Evidence Motion for Summary Judgment filed by Plaintiff in this cause
came on for consideration by the Court, after consideration of the motion, evidence, and the
response, if any, finds such to be meritorious. It is, therefore;
ORDERED, ADJUDGED, and DECREED that Plaintiff’s No-Evidence Motion for
Summary Judgment is hereby GRANTED in its entirety. Further, it is
ORDERED, ADJUDGED, and DECREED that Defendants’ Affirmative Defenses as
Identified in Plaintiff’s Motion: (1) lack of proximate or producing cause; (2) contributory
negligence; (3) a sudden emergency; (4) unavoidable accident; and (5) failure to mitigate, are
hereby stricken from the pleadings and dismissed.
SIGNED ON
JUDGE PRESIDING
Document Filed Date
August 22, 2023
Case Filing Date
January 30, 2023
Category
MOTOR VEHICLE ACCIDENT
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Cause No. DC-23-01413 HIWOT MIRACH, Individually and as IN THE DISTRICT COURT OF §§§§§§§§ Next Friend of N.S and A.B., minors Plaintiff? 298th JUDICIAL DISTRICT V. JULIO ANTONIO VICENTE RODAS DALLAS COUNTY, TEXAS Defendant ORDER GRANTING PLAINTIFF'S NO EVIDENCE MOTION FOR PARTIAL SUMMARY JUDGMENT On this day, the No Evidence Motion for Summary Judgment filed by Plaintiff in this cause came on for consideration by the Court, after consideration of the motion, evidence, and the response, if any, finds such to be meritorious. It is, therefore; ORDERED, ADJUDGED, and DECREED that Plaintiff’s No-Evidence Motion for Summary Judgment is hereby GRANTED in its entirety. Further, it is ORDERED, ADJUDGED, and DECREED that Defendants’ Affirmative Defenses as Identified in Plaintiff’s Motion: (1) lack of proximate or producing cause; (2) contributory negligence; (3) a sudden emergency; (4) unavoidable accident; and (5) failure to mitigate, are hereby stricken from the pleadings and dismissed. SIGNED ON JUDGE PRESIDING