Answer: Kevin Manzanares Vasquez vs. Deisi Maribel Baca Castillo

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                                COUNTY, TEXAS




       NOW COMES, DEISI MARIBEL BACA CASTILLO, hereinafter “

Defendant herein files              nswer in the above entitled and numbered cause of action and




       Defendant denies each and every allegation contained in Plaintiff’s Original Petition and

all amendments or supplements thereto, and says that same are not true, in whole or in part, and

demands strict proof thereof by a preponderance of the evidence before a Court of competent

                                          EXAS     ULES OF    IVIL ROCEDURE




       Defendant further asserts the defense of comparative causation and requests the jury to

compare the extent to which any party to this case, whether joined in this suit or not, may have




        Pursuant to Chapter 33 of the       EXAS    IVIL     RACTICE     EMEDIES

further asserts the right to contribution and/or indemnity from any other person or entity, regardless

of whether a party, who is found to have caused or contributed to the injuries and/or the damages


DEFENDANT’S ORIGINAL ANSWER, REQUIRED DISCLOSURES,               JURY DEMAND                     age
Cause No.
alleged by Plaintiff. Additionally, and/or alternatively, Defendant seeks an offset or credit

corresponding to any percentage of responsibility that may be placed on Defendant by the jury in

this cause.

                        Expenses Incurred Limited to Amount Actually Paid

        Defendant requests that in addition to any other limitation under law, recovery of medical

or health care expenses incurred by Plaintiff be limited to the amount actually paid or incurred by

or on behalf of the Plaintiff.    EXAS     IVIL     CE      EMEDIES


                                    Exemplary Damages Limitation

        Pleading further, and without admitting any liability or responsibility whatsoever, all of

which is expressly denied, Defendant plead the defenses to recovery of exemplary damages

contained in Chapter 41 of the      EXAS    IVIL RACTICE     EMEDIES

                                        . Exemplary Damages Cap

        Defendant further asserts that if she is found liable for exemplary damages, those damages

must be capped under the Texas Damages Act and the Due Process Clauses of               United States

and Texas Constitutions.

                    . Evidence Presented in Form of Net Loss after Reduction
                       for Income Tax Payments or Unpaid Tax Liability

        Defendant invokes        EXAS    IVIL RACTICE      EMEDIES    ODE §   18.091 and requests that

to the extent that Plaintiff seeks recovery for loss of earnings, loss of earning capacity, loss of

contributions of a pecuniary value, or a loss of inheritance, that the evidence to prove such loss

must be presented in the form of a net loss after reduction for income tax payments or unpaid tax

liability. This Defendant further requests that the Court instruct the jury as to whether a y recovery

for compensatory damages sought by the Plaintiff is subject to federal or state income taxes.



DEFENDANT’S ORIGINAL ANSWER, REQUIRED DISCLOSURES,               JURY DEMAND                      age
Cause No.
                                             Settlement Credit

        Defendant pleads for a settlement credit for any and all settlement amounts obtained by

Plaintiff from any settling parties.

                             Required Disclosures under T.R.C.P. 194

       Pursuant to    EXAS   ULE OF      IVIL ROCEDURE           , please provide the disclosures in Rule

           (12) within 30 days of the filing of this Answer.

                                          . Failure to Mitigate

       Defendant asserts Plaintiff failed to mitigate damages.

                                            . Notice of Intent

       Defendant hereby gives notice of intent to use items produced in discovery at the time of

all hearings, depositions, and trial in the above matter and the authenticity of such items is self

proven pursuant to Rule 193.7 of the       EXAS   ULES OF   IVIL ROCEDU

                                       Right to File Amended Answer

        Defendant respectfully reserves the right to file an amended answer in this cause in the

manner authorized by the     EXAS      ULES OF    IVIL ROCEDURE

                                         Request for Trial by Jury

       Defendant respectfully requests a trial by jury in the above matter.




DEFENDANT’S ORIGINAL ANSWER, REQUIRED DISCLOSURES,                  JURY DEMAND                     age
Cause No.
                                             Prayer

             EREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff cause be in

all things denied and that Plaintiff go without costs; Defendant prays for general relief, recovery

of costs and for such other and further relief to which Defendant may show          justly entitled,

at law or in equity.

                                                      Respectfully submitted,

                                                      KERAMIDAS            FIRM




                                                      T. Cass Keramidas
                                                      State Bar No. 24027101
                                                      801 E. Campbell Rd., Suite 625
                                                      Richardson, Texas 75081
                                                                8016 Office
                                                                8017 Fax
                                                      cass@keramidaslaw.com

                                                      ATTORNEYS FOR DEFENDANT
                                                      DEISI MARIBEL BACA CASTILLO




DEFENDANT’S ORIGINAL ANSWER, REQUIRED DISCLOSURES,             JURY DEMAND                     age
Cause No.
                                CERTIFICATE OF SERVICE

       This is to certify that on this the      day                  a true and correct copy of the
foregoing was sent via electronic service to counsel of record.




                                                     T. Cass Keramidas




DEFENDANT’S ORIGINAL ANSWER, REQUIRED DISCLOSURES,                JURY DEMAND                  age
Cause No.