Preview
FILED
6/9/2023 1:51 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Lafonda Sims DEPUTY
CAUSE NO. DC-23-015 68
TIMOTHY HUFFMAN IN THE DISTRICT COURT
§§§§§
Plaintiff,
VS.
298th JUDICIAL DISTRICT
STARBUCKS CORPORATION AND
CROW WORKS, LLC,
§§§
Defendants. DALLAS COUNTY, TEXAS
DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER AND SPECIAL
EXCEPTIONS
TO THE HONORABLE JUDGE:
COMES NOW Defendant CROW WORKS, LLC (“Defendant”) in the above-entitled and
number cause and files this its Original Answer and Special Exceptions to Plaintiff’s First
Amended Petition on file herein, or any Petition that Plaintiff may hereinafter file by way of
amendment or supplement (the “Petition”), and in support thereof respectfully shows the Court
and jury as follows:
SPECIAL EXCEPTIONS
1.
Defendant specially excepts to Section IX paragraph 9.2 of the Petition wherein it is alleged
that Plaintiff seeks “damages and losses that he incurred in the past and will reasonably incur in the
fiiture, as well as the monetary value of these damages, which include, but are not limited
toz. . .medical care expenses; loss of earning capacity; and out-of-pocket economic losses.” Pursuant
to Tex. R. CiV. P. 5 6, Defendant is entitled to know the specific amount of damages for which Plaintifi‘
seeks recovery; accordingly, this global claim for relief should be stricken or, in the alternative,
DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER Page 1 of 6
Plaintiff should be required to replead to specifically identify the amount of damages for which he
seeks recovery. Of which special exception, Defendant prays judgment of the Court.
2.
Further, Defendants specially except to Paragraph 9.3 for the reason that it does not set forth
the amount of punitive damages sought to be awarded against each Defendant separately inasmuch
as joint and several liability is not applicable to punitive damages. Plaintiff should be required to
replead with specificity the amount of punitive damages sought to be recovered against each
Defendant separately.
Defendant specially excepts Plaintiff s Prayer of the Petition wherein it is alleged that Plaintiff
seeks recovery for “damages in accordance with evidence, that Plaintiff recover punitive or exemplary
damages...to which Plaintiff may be justly entitled.” Pursuant to Tex. R. Civ. P. 56, Defendant is
entitled to know the specific amount of damages for which Plaintiff seeks recovery; accordingly, this
global claim for relief should be stricken or, in the alternative, Plaintiff should be required to replead
to specifically identify the amount of damages for which he seeks recovery. Of which special
exception, Defendant prays judgment of the Court.
ORIGINAL ANSWER
4.
Subject to Defendant’s Special Exceptions and pursuant to Texas Rules of Civil Procedure
92, Defendant generally denies, all and singular, each and every material allegation contained in
Plaintiff’ s Original and First Amended Petition and any Petition Plaintiff may hereinafter file by
way of amendment or supplement, and demands strict proof thereof as required by the Constitution
and the Laws of the State of Texas.
DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER Page 2 of 6
AFFIRMATIVE DEFENSES
5.
Subject to Defendant’s Special Exceptions, Defendant affirmatively alleges that Plaintiff
TIMOTHY HUFFMAN’s own negligence was the sole proximate cause, or alternatively, a proximate
cause of the incident made the basis of this suit and Plaintiff s damages, if any. Accordingly,
Defendant is entitled to the submission of the issue of Plaintiff s proportionate and contributory
negligence to the finder of the fact, pursuant to Texas Civil Practice and Remedies Code Chapter 33.
6.
Subject to Defendant’s Special Exceptions, Defendant further pleads that the incident made
the basis of this suit and Plaintiff’s damages, if any, were proximately caused by one or more third
parties over whom the Defendant has no control or right of control, including the entity that provided
welding services on the product. Accordingly, Defendant is entitled to the submission of the issue
of proportionate and contributory negligence and/or other third parties’ or responsible third parties’
contributory negligence to the finder of the fact, pursuant to Texas Civil Practice and Remedies
Code Chapters 32 and 33. Further, Defendant seeks contribution from joint tortfeasors and/or a
set-off or credit for all settlements between Plaintiff and any other persons in connection with the
event, injuries and damages forming the basis of this lawsuit.
7.
Subject to Defendant’s Special Exceptions, Defendant would further affirmatively invoke
the limits of liability provided under Chapter 41 of the Texas Civil Practice & Remedies Code,
including, but not limited to, those limits set forth in §§ 41.001 through 41.013. Specifically, the
limit of liability should be in conformance with the amount set forth in § 41.008 of the Texas
Civil Practice & Remedies Code.
DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER Page 3 of 6
8.
Subject to Defendant’s Special Exceptions, and in the unlikely event Defendant is found at
fault, the amount recovered for past medical or health care expenses incurred by Plaintiff is limited
by Section 41.0105 of the Texas Civil Practice and Remedies Code.
9.
Subject to Defendant’s Special Exceptions, the damages of which Plaintiff complains were
wholly caused by a new and independent cause or causes not reasonably foreseen by Defendant,
or by intervening acts of others which were the sole proximate cause, or in the alternative, a
proximate cause to any injuries and damages to Plaintiff, and therefore, such new and independent
acts or causes became the immediate and efficient cause or causes of damages, such that any and
all of the negligent acts or omissions of which Plaintiff complains as to Defendant were not the
cause of any damages or injuries suffered by Plaintiff.
10.
Subject to Defendant’s Special Exceptions, pleading further, if same be necessary,
Defendant claims the protections of section 18.091 of the Texas Civil Practices and Remedies
Code. Specifically, Defendant maintains that Plaintiff, if seeking recovery for loss of earnings,
loss of earning capacity, loss of contributions of a pecuniary value and/or loss of inheritance must
present evidence in the form of a net loss after reduction for income tax payments or unpaid tax
liability pursuant to any federal income tax law.
11.
Subject to Defendant’s Special Exceptions, Defendant further alleges that Plaintiff s claims
for pre and post-judgment interest are limited by the dates and amounts set forth in one or more of
the following statutes, as applicable to this case:
DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER Page 4 of 6
A. Chapter 41, Texas Civil Practice and Remedies Code; and
B. The Texas Finance Code.
12.
Subject to Defendant’s Special Exceptions and pleading fuIther, Defendant asserts that
Plaintiff assumed the risk when using the chair in question.
NOTICE OF INTENT
13.
Defendant hereby give notice of its intent to utilize items produced in discovery in the trial
of this matter and the authenticity of such items is self-proven per the Texas Rules of Civil
Procedure, 193.7.
DEMAND FOR JURY TRIAL
14.
Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Defendant demands a jury
trial.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Special Exceptions
be sustained and that upon final trial and hearing hereof, Plaintiff recover nothing from Defendant,
and that Defendant be dismissed with its costs, and for such other relief, both general and specific, at
law or in equity, to which Defendant may be justly entitled.
Respectfully mitted
By
Ka A. Keega/li U
Texas Bar Number: 00785498
5605 N. MacArthur Blvd, Suite 720
Irving, TX 75038
Direct: (972) 893-3779
DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER Page 5 of 6
Cell: (469) 207-9817
Fax: (214) 591-1819
Karen Keegan@staffdefense.com
ATTORNEY FOR DEFENDANT
CROW WORKS LLC
CERTIFICATE OF SERVICE
On the 9th day of June, 2023, a true and correct copy of this document was served in
accordance with Texas Rules of Civil Procedure to:
Lizeth Becerra
Felipe B. Link
LINK & ASSOCIATES
10440 North Central Expy., Ste. 950
Dallas, Texas 75231
Telephone: (214) 214-3001
Facsimile: (214) 521-5871
Designated Service E-mail: e-filing@link1awpc.com
ATTORNEYS FOR PLAINTIFF
TIMOTHY HUFFMAN
Jackie Robinson
NATHAN HOWELL SMITH & LEE
1300 Summit Avenue
Suite 700
Fort Worth, TX 76102
(817) 509-2034
jrobinson@namanhowell.com
ATTORNEY FOR DEFENDANT
STARBUCKS CORPORATION
Keegaf U
DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER Page 6 of 6
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.
Kimberly Davis on behalf of Karen Ann Keegan
Bar No. 785498
Kimberly_Davis@staffdefense.com
Envelope ID: 76471703
Filing Code Description: Original Answer - General Denial
Filing Description: AND SPEC EXCPT
Status as of 6/9/2023 2:04 PM CST
Associated Case Party: TIMOTHY HUFFMAN
Name BarNumber Email TimestampSubmitted Status
Julia Zasztowt julia@linklawpc.com 6/9/2023 1:51 :38 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Felipe B.Link flink@linklawpc.com 6/9/2023 1:51:38 PM SENT
Monica Isaac monica@linklawpc.com 6/9/2023 1:51:38 PM SENT
Sara Link sara@linklawpc.com 6/9/2023 1:51:38 PM SENT
Link & Associates E-Filing service e-filing@linklawpc.com 6/9/2023 1:51:38 PM SENT
Lizeth G.Becerra lbecerra@linklawpc.com 6/9/2023 1:51:38 PM SENT
Associated Case Party: STARBUCKS CORPORATION
Name BarNumber Email TimestampSubmitted Status
Jackie Robinson jrobinson@namanhowell.com 6/9/2023 1:51:38 PM SENT
Katina Kilian kkilian@namanhowell.com 6/9/2023 1:51:38 PM SENT
Associated Case Party: CROW WORKS LLC
Name BarNumber Email TimestampSubmitted Status
Karen A.Keegan Karen_Keegan@staffdefense.com 6/9/2023 1:51:38 PM SENT
Kimberly Davis Kimberly_Davis@staffdefense.com 6/9/2023 1:51:38 PM SENT
Preview
FILED 6/9/2023 1:51 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Lafonda Sims DEPUTY CAUSE NO. DC-23-015 68 TIMOTHY HUFFMAN IN THE DISTRICT COURT §§§§§ Plaintiff, VS. 298th JUDICIAL DISTRICT STARBUCKS CORPORATION AND CROW WORKS, LLC, §§§ Defendants. DALLAS COUNTY, TEXAS DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER AND SPECIAL EXCEPTIONS TO THE HONORABLE JUDGE: COMES NOW Defendant CROW WORKS, LLC (“Defendant”) in the above-entitled and number cause and files this its Original Answer and Special Exceptions to Plaintiff’s First Amended Petition on file herein, or any Petition that Plaintiff may hereinafter file by way of amendment or supplement (the “Petition”), and in support thereof respectfully shows the Court and jury as follows: SPECIAL EXCEPTIONS 1. Defendant specially excepts to Section IX paragraph 9.2 of the Petition wherein it is alleged that Plaintiff seeks “damages and losses that he incurred in the past and will reasonably incur in the fiiture, as well as the monetary value of these damages, which include, but are not limited toz. . .medical care expenses; loss of earning capacity; and out-of-pocket economic losses.” Pursuant to Tex. R. CiV. P. 5 6, Defendant is entitled to know the specific amount of damages for which Plaintifi‘ seeks recovery; accordingly, this global claim for relief should be stricken or, in the alternative, DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER Page 1 of 6 Plaintiff should be required to replead to specifically identify the amount of damages for which he seeks recovery. Of which special exception, Defendant prays judgment of the Court. 2. Further, Defendants specially except to Paragraph 9.3 for the reason that it does not set forth the amount of punitive damages sought to be awarded against each Defendant separately inasmuch as joint and several liability is not applicable to punitive damages. Plaintiff should be required to replead with specificity the amount of punitive damages sought to be recovered against each Defendant separately. Defendant specially excepts Plaintiff s Prayer of the Petition wherein it is alleged that Plaintiff seeks recovery for “damages in accordance with evidence, that Plaintiff recover punitive or exemplary damages...to which Plaintiff may be justly entitled.” Pursuant to Tex. R. Civ. P. 56, Defendant is entitled to know the specific amount of damages for which Plaintiff seeks recovery; accordingly, this global claim for relief should be stricken or, in the alternative, Plaintiff should be required to replead to specifically identify the amount of damages for which he seeks recovery. Of which special exception, Defendant prays judgment of the Court. ORIGINAL ANSWER 4. Subject to Defendant’s Special Exceptions and pursuant to Texas Rules of Civil Procedure 92, Defendant generally denies, all and singular, each and every material allegation contained in Plaintiff’ s Original and First Amended Petition and any Petition Plaintiff may hereinafter file by way of amendment or supplement, and demands strict proof thereof as required by the Constitution and the Laws of the State of Texas. DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER Page 2 of 6 AFFIRMATIVE DEFENSES 5. Subject to Defendant’s Special Exceptions, Defendant affirmatively alleges that Plaintiff TIMOTHY HUFFMAN’s own negligence was the sole proximate cause, or alternatively, a proximate cause of the incident made the basis of this suit and Plaintiff s damages, if any. Accordingly, Defendant is entitled to the submission of the issue of Plaintiff s proportionate and contributory negligence to the finder of the fact, pursuant to Texas Civil Practice and Remedies Code Chapter 33. 6. Subject to Defendant’s Special Exceptions, Defendant further pleads that the incident made the basis of this suit and Plaintiff’s damages, if any, were proximately caused by one or more third parties over whom the Defendant has no control or right of control, including the entity that provided welding services on the product. Accordingly, Defendant is entitled to the submission of the issue of proportionate and contributory negligence and/or other third parties’ or responsible third parties’ contributory negligence to the finder of the fact, pursuant to Texas Civil Practice and Remedies Code Chapters 32 and 33. Further, Defendant seeks contribution from joint tortfeasors and/or a set-off or credit for all settlements between Plaintiff and any other persons in connection with the event, injuries and damages forming the basis of this lawsuit. 7. Subject to Defendant’s Special Exceptions, Defendant would further affirmatively invoke the limits of liability provided under Chapter 41 of the Texas Civil Practice & Remedies Code, including, but not limited to, those limits set forth in §§ 41.001 through 41.013. Specifically, the limit of liability should be in conformance with the amount set forth in § 41.008 of the Texas Civil Practice & Remedies Code. DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER Page 3 of 6 8. Subject to Defendant’s Special Exceptions, and in the unlikely event Defendant is found at fault, the amount recovered for past medical or health care expenses incurred by Plaintiff is limited by Section 41.0105 of the Texas Civil Practice and Remedies Code. 9. Subject to Defendant’s Special Exceptions, the damages of which Plaintiff complains were wholly caused by a new and independent cause or causes not reasonably foreseen by Defendant, or by intervening acts of others which were the sole proximate cause, or in the alternative, a proximate cause to any injuries and damages to Plaintiff, and therefore, such new and independent acts or causes became the immediate and efficient cause or causes of damages, such that any and all of the negligent acts or omissions of which Plaintiff complains as to Defendant were not the cause of any damages or injuries suffered by Plaintiff. 10. Subject to Defendant’s Special Exceptions, pleading further, if same be necessary, Defendant claims the protections of section 18.091 of the Texas Civil Practices and Remedies Code. Specifically, Defendant maintains that Plaintiff, if seeking recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value and/or loss of inheritance must present evidence in the form of a net loss after reduction for income tax payments or unpaid tax liability pursuant to any federal income tax law. 11. Subject to Defendant’s Special Exceptions, Defendant further alleges that Plaintiff s claims for pre and post-judgment interest are limited by the dates and amounts set forth in one or more of the following statutes, as applicable to this case: DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER Page 4 of 6 A. Chapter 41, Texas Civil Practice and Remedies Code; and B. The Texas Finance Code. 12. Subject to Defendant’s Special Exceptions and pleading fuIther, Defendant asserts that Plaintiff assumed the risk when using the chair in question. NOTICE OF INTENT 13. Defendant hereby give notice of its intent to utilize items produced in discovery in the trial of this matter and the authenticity of such items is self-proven per the Texas Rules of Civil Procedure, 193.7. DEMAND FOR JURY TRIAL 14. Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Defendant demands a jury trial. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Special Exceptions be sustained and that upon final trial and hearing hereof, Plaintiff recover nothing from Defendant, and that Defendant be dismissed with its costs, and for such other relief, both general and specific, at law or in equity, to which Defendant may be justly entitled. Respectfully mitted By Ka A. Keega/li U Texas Bar Number: 00785498 5605 N. MacArthur Blvd, Suite 720 Irving, TX 75038 Direct: (972) 893-3779 DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER Page 5 of 6 Cell: (469) 207-9817 Fax: (214) 591-1819 Karen Keegan@staffdefense.com ATTORNEY FOR DEFENDANT CROW WORKS LLC CERTIFICATE OF SERVICE On the 9th day of June, 2023, a true and correct copy of this document was served in accordance with Texas Rules of Civil Procedure to: Lizeth Becerra Felipe B. Link LINK & ASSOCIATES 10440 North Central Expy., Ste. 950 Dallas, Texas 75231 Telephone: (214) 214-3001 Facsimile: (214) 521-5871 Designated Service E-mail: e-filing@link1awpc.com ATTORNEYS FOR PLAINTIFF TIMOTHY HUFFMAN Jackie Robinson NATHAN HOWELL SMITH & LEE 1300 Summit Avenue Suite 700 Fort Worth, TX 76102 (817) 509-2034 jrobinson@namanhowell.com ATTORNEY FOR DEFENDANT STARBUCKS CORPORATION Keegaf U DEFENDANT CROW WORKS, LLC’S ORIGINAL ANSWER Page 6 of 6 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. Kimberly Davis on behalf of Karen Ann Keegan Bar No. 785498 Kimberly_Davis@staffdefense.com Envelope ID: 76471703 Filing Code Description: Original Answer - General Denial Filing Description: AND SPEC EXCPT Status as of 6/9/2023 2:04 PM CST Associated Case Party: TIMOTHY HUFFMAN Name BarNumber Email TimestampSubmitted Status Julia Zasztowt julia@linklawpc.com 6/9/2023 1:51 :38 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Felipe B.Link flink@linklawpc.com 6/9/2023 1:51:38 PM SENT Monica Isaac monica@linklawpc.com 6/9/2023 1:51:38 PM SENT Sara Link sara@linklawpc.com 6/9/2023 1:51:38 PM SENT Link & Associates E-Filing service e-filing@linklawpc.com 6/9/2023 1:51:38 PM SENT Lizeth G.Becerra lbecerra@linklawpc.com 6/9/2023 1:51:38 PM SENT Associated Case Party: STARBUCKS CORPORATION Name BarNumber Email TimestampSubmitted Status Jackie Robinson jrobinson@namanhowell.com 6/9/2023 1:51:38 PM SENT Katina Kilian kkilian@namanhowell.com 6/9/2023 1:51:38 PM SENT Associated Case Party: CROW WORKS LLC Name BarNumber Email TimestampSubmitted Status Karen A.Keegan Karen_Keegan@staffdefense.com 6/9/2023 1:51:38 PM SENT Kimberly Davis Kimberly_Davis@staffdefense.com 6/9/2023 1:51:38 PM SENT