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  • ALICIA PERALES AS REPRESENTATIVE OF THE ESTATE OF MARIO A. PERALES, AND AS NEXT OF RIEND OF S.M. PERALES AND M. PERALES,JR. MINOR CHILDREN V. DANIEL SIEGER, INDIVIDUALLY AND AS AGENT OF DEFENDANT PEOPLE READY, INC.Injury or Damage - Other (OCA) document preview
  • ALICIA PERALES AS REPRESENTATIVE OF THE ESTATE OF MARIO A. PERALES, AND AS NEXT OF RIEND OF S.M. PERALES AND M. PERALES,JR. MINOR CHILDREN V. DANIEL SIEGER, INDIVIDUALLY AND AS AGENT OF DEFENDANT PEOPLE READY, INC.Injury or Damage - Other (OCA) document preview
  • ALICIA PERALES AS REPRESENTATIVE OF THE ESTATE OF MARIO A. PERALES, AND AS NEXT OF RIEND OF S.M. PERALES AND M. PERALES,JR. MINOR CHILDREN V. DANIEL SIEGER, INDIVIDUALLY AND AS AGENT OF DEFENDANT PEOPLE READY, INC.Injury or Damage - Other (OCA) document preview
  • ALICIA PERALES AS REPRESENTATIVE OF THE ESTATE OF MARIO A. PERALES, AND AS NEXT OF RIEND OF S.M. PERALES AND M. PERALES,JR. MINOR CHILDREN V. DANIEL SIEGER, INDIVIDUALLY AND AS AGENT OF DEFENDANT PEOPLE READY, INC.Injury or Damage - Other (OCA) document preview
  • ALICIA PERALES AS REPRESENTATIVE OF THE ESTATE OF MARIO A. PERALES, AND AS NEXT OF RIEND OF S.M. PERALES AND M. PERALES,JR. MINOR CHILDREN V. DANIEL SIEGER, INDIVIDUALLY AND AS AGENT OF DEFENDANT PEOPLE READY, INC.Injury or Damage - Other (OCA) document preview
  • ALICIA PERALES AS REPRESENTATIVE OF THE ESTATE OF MARIO A. PERALES, AND AS NEXT OF RIEND OF S.M. PERALES AND M. PERALES,JR. MINOR CHILDREN V. DANIEL SIEGER, INDIVIDUALLY AND AS AGENT OF DEFENDANT PEOPLE READY, INC.Injury or Damage - Other (OCA) document preview
  • ALICIA PERALES AS REPRESENTATIVE OF THE ESTATE OF MARIO A. PERALES, AND AS NEXT OF RIEND OF S.M. PERALES AND M. PERALES,JR. MINOR CHILDREN V. DANIEL SIEGER, INDIVIDUALLY AND AS AGENT OF DEFENDANT PEOPLE READY, INC.Injury or Damage - Other (OCA) document preview
  • ALICIA PERALES AS REPRESENTATIVE OF THE ESTATE OF MARIO A. PERALES, AND AS NEXT OF RIEND OF S.M. PERALES AND M. PERALES,JR. MINOR CHILDREN V. DANIEL SIEGER, INDIVIDUALLY AND AS AGENT OF DEFENDANT PEOPLE READY, INC.Injury or Damage - Other (OCA) document preview
						
                                

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Electronically Filed 9/12/2023 12:06 PM Hidalgo County District Clerks Reviewed By: Claudia Rangel CAUSE NO.: C-4445-17-G ALICIA PERALES AS § IN THE DISTRICT COURT REPRESENTATITVE OF THE § ESTATE OF MARIO A. PERALES, § AND AS NEXT FRIEND OF S.M. § PERALES AND M. PERALES, JR., § MINOR CHILDREN § PLAINTIFFS § § VS. § 370TH JUDICIAL DISTRICT § DANIEL SIEGER, INDIVIDUALLY, § PEOPLE READY, INC., DBNK § CONTRACTING LLC D/B/A BLUE § TEAM RESTORATION AND TRUE § BLUE ENTERPRISES INC. § DEFENDANTS § HIDALGO COUNTY, TEXAS HERLINDA SIEGER, REPRESENTATIVE OF THE ESTATE OF DANIEL LEE SIEGER, DECEASED’S FIRST AMENDED ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant HERLINDA SIEGER as Representative of the Estate of Daniel Sieger, Deceased, and files this her First Amended Original Answer to Plaintiffs’ Eighth Amended Petition and would show unto the Court the following: I. GENERAL DENIAL By way of original answer, should the same be necessary, Defendant denies each and every, all and singular allegations set forth in Plaintiffs’ Petition, and without waiving her right to file other and further pleadings, motions and discovery, demands that Plaintiffs be held to the most strict requirements of proof and that Defendant be released with costs, and without delay, and for such other and further relief, both at law and in equity, to which Defendant may show herself to be justly entitled. 17377 | Sieger 1st Amd Answer Page 1 of 4 Electronically Filed 9/12/2023 12:06 PM Hidalgo County District Clerks Reviewed By: Claudia Rangel II. AFFIRMATIVE DEFENSES Defendant without waiving the foregoing General Denial, but still insisting upon the same, for further answer asserts the following: 1. Defendant would show that Plaintiffs’ injuries and damages as alleged, although such injuries and damages are not so acknowledged were caused in whole or in part, or contributed to, by the negligence or fault or want of care of Decedent Plaintiff and not by any negligence or fault or want of care on the part of this defendant and this defendant invokes the Doctrine of Comparative Responsibility as set forth in TEX.CIV.PRAC.&REM. CODE §§33.001 and 33.003. 2. Defendant asserts that Plaintiffs’ medical damages be limited to what was “paid or incurred.” Texas Civil Practices and Remedy Code §41.0105. 3. Defendant would further assert it is entitled to contribution and/or indemnity against PeopleReady, Inc. and Blue Team Restoration, for Contribution, Credit, and/or indemnity pursuant to Chapters 32 and 33 of the Texas Civil Practice and Remedies Code, or any other law of the State of Texas as Defendant was in the course and scope of his employment at the time of the accident. 4. Defendant specifically pleads, invokes, and reserves the following rights as guaranteed by Chapter 33 of the Texas Civil Practice & Remedies Code: a. The right to elect the application of credit toward any judgment which may be obtained in this case; b. The right to a full reduction on limitation or any sums which may be recovered by the Plaintiff; c. The right to determination by the trier of fact on the issues of the percentage of responsibility of each Plaintiff, each Defendant, each liable Defendant, each responsible third party, and each settling person or party; and 17377 | Sieger 1st Amd Answer Page 2 of 4 Electronically Filed 9/12/2023 12:06 PM Hidalgo County District Clerks Reviewed By: Claudia Rangel d. The right to contribution from any other person or entity found to be liable to the Plaintiff or to the Defendant. THEREFORE, Defendant, HERLINDA SIEGER, Representative of the Estate of Daniel Sieger, Deceased, respectfully requests that upon trial of this matter, judgment be entered that Plaintiffs take nothing and that Defendant be discharged with costs incurred and for such other and further relief to which Defendant may show herself justly entitled. Respectfully submitted, LAW OFFICE OF ANALISA FIGUEROA, PLLC 514 Paredes Avenue, Suite H Brownsville, Texas 78521 Telephone: (956) 621-0550 Facsimile: (956) 621-1071 Email: analisa@afigueroalaw.com By:/s/Analisa Figueroa Analisa Figueroa State Bar No. 24040897 Attorney for Defendant H. Sieger as Rep. of the Estate of Daniel Sieger 17377 | Sieger 1st Amd Answer Page 3 of 4 Electronically Filed 9/12/2023 12:06 PM Hidalgo County District Clerks Reviewed By: Claudia Rangel CERTIFICATE OF SERVICE I hereby certify that on this the 12th day of September 2023, a true and correct copy of the foregoing instrument was sent to all counsel of record electronically, by hand delivery, certified mail, or facsimile, pursuant to the Texas Rules of Civil Procedure. Ricardo Gonzalez Via Electronic Filing Oxford & Gonzalez 124 S. 12th Edinburg, Texas 78540 Mike Mills Atlas, Hall & Rodriguez, L.L.P. P.O. Bix 3725 McAllen, Texas 78502 Marcy Lynn Rothman Kane Russell Coleman Logan, P.C. 5151 San Felipe St., Suite 800 Houston, Texas 77056 /s/ Analisa Figueroa Analisa Figueroa 17377 | Sieger 1st Amd Answer Page 4 of 4 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. Analisa Figueroa Bar No. 24040897 analisa@afigueroalaw.com Envelope ID: 79453486 Filing Code Description: Amended Filing Filing Description: HERLINDA SIEGER, REPRESENTATIVE OF THE ESTATE OF DANIEL LEE SIEGER, DECEASEDS FIRST AMENDED ANSWER Status as of 9/13/2023 8:56 AM CST Associated Case Party: Daniel Sieger Name BarNumber Email TimestampSubmitted Status Analisa Figueroa analisa@afigueroalaw.com 9/12/2023 12:06:57 PM SENT Estrella Torres info@afigueroalaw.com 9/12/2023 12:06:57 PM SENT Associated Case Party: People Ready, Inc. Name BarNumber Email TimestampSubmitted Status Garett Willig garett.willig@wilsonelser.com 9/12/2023 12:06:57 PM SENT Marcy Rothman mrothman@krcl.com 9/12/2023 12:06:57 PM SENT Jerrad Bloome jbloome@krcl.com 9/12/2023 12:06:57 PM SENT Associated Case Party: TEXAS SAI, INC Name BarNumber Email TimestampSubmitted Status Javier Gonzalez javier.gonzalez@roystonlaw.com 9/12/2023 12:06:57 PM SENT Associated Case Party: BLUE TEAM RESTORATION, LLC Name BarNumber Email TimestampSubmitted Status Mike Mills mkmills@atlashall.com 9/12/2023 12:06:57 PM SENT Susan Sullivan ssullivan@atlashall.com 9/12/2023 12:06:57 PM SENT Hilda Estrada hestrada@atlashall.com 9/12/2023 12:06:57 PM SENT Case Contacts 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. Analisa Figueroa Bar No. 24040897 analisa@afigueroalaw.com Envelope ID: 79453486 Filing Code Description: Amended Filing Filing Description: HERLINDA SIEGER, REPRESENTATIVE OF THE ESTATE OF DANIEL LEE SIEGER, DECEASEDS FIRST AMENDED ANSWER Status as of 9/13/2023 8:56 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status John Griffith jrg@rgvfirm.com 9/12/2023 12:06:57 PM SENT Jason Powell jap@rgvfirm.com 9/12/2023 12:06:57 PM SENT Thomas Adlora Mailloux 24033645 tmailloux@brock.law 9/12/2023 12:06:57 PM SENT Gregg R. Brown 3129010 grb-svc@germer-austin.com 9/12/2023 12:06:57 PM SENT Liliana Elizondo 24078470 liliana.elizondo@roystonlaw.com 9/12/2023 12:06:57 PM SENT John Anthony Guerra 8576180 jguerra@brock.law 9/12/2023 12:06:57 PM SENT RICARDO GONZALEZ LEGALSECRETARY@OXFORDANDGONZALEZ.COM 9/12/2023 12:06:57 PM SENT Yari Lopez receptionist@afigueroalaw.com 9/12/2023 12:06:57 PM SENT BLANCA S BLANCA@OXFORDANDGONZALEZ.COM 9/12/2023 12:06:57 PM SENT Michael Beckelman michael.beckelman@wilsonelser.com 9/12/2023 12:06:57 PM SENT Michelle Cochran michelle.cochran@wilsonelser.com 9/12/2023 12:06:57 PM SENT Ricardo Gonzalez ric@oxfordandgonzalez.com 9/12/2023 12:06:57 PM SENT STEPHEN GIBSON steve@gibson.law 9/12/2023 12:06:57 PM SENT MIKE MILLS MKMILLS@ATLASHALL.COM 9/12/2023 12:06:57 PM SENT MIKE MILLS SSULLIVAN@ATLASHALL.COM 9/12/2023 12:06:57 PM SENT ALLAN D.MESSEY ALLAN.MEESEY@TXDOT.GOV 9/12/2023 12:06:57 PM SENT MICHELLE SCHEIFFELE MICHELLE.SCHEIFFELE@WILSONESER.COM 9/12/2023 12:06:57 PM ERROR GARLAND WILLIAMS GARLAND.WILLIAMS@AOG.TEXAS.GOV 9/12/2023 12:06:57 PM ERROR MORGAN WELLS MORGAN.WELLS@WILSONELSER.COM 9/12/2023 12:06:57 PM SENT MARIA KORZENDORFER MKORZENDORFER@GERMER-AUSTIN.COM 9/12/2023 12:06:57 PM SENT SHAUNA LOANO SHAUNA.LOZANO@ROYSTONLAW.COM 9/12/2023 12:06:57 PM SENT GREGG R.BROWN GBROWN@GERMER-AUSTIN.COM 9/12/2023 12:06:57 PM SENT BEN MARTIN BMARTIN@GERMER-AUSTIN.COM 9/12/2023 12:06:57 PM SENT 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. Analisa Figueroa Bar No. 24040897 analisa@afigueroalaw.com Envelope ID: 79453486 Filing Code Description: Amended Filing Filing Description: HERLINDA SIEGER, REPRESENTATIVE OF THE ESTATE OF DANIEL LEE SIEGER, DECEASEDS FIRST AMENDED ANSWER Status as of 9/13/2023 8:56 AM CST Case Contacts ANALISA FIGUEROA ANALISA@AFIGUEROALAW.COM 9/12/2023 12:06:57 PM SENT Erina DThorn erin.thorn@da.co.hidalgo.tx.us 9/12/2023 12:06:57 PM SENT Josephine Ramirez-Solis josephine.ramirez@da.co.hidalgo.tx.us 9/12/2023 12:06:57 PM SENT Victoria Olivarez vo@rgvfirm.com 9/12/2023 12:06:57 PM SENT MIKE F MIKE@LOMEF.COM 9/12/2023 12:06:57 PM SENT SOYLA W SOYLAW@LOMEF.COM 9/12/2023 12:06:57 PM SENT STEPHEN BEGA MXHEXSEL@GERMER-AUSTIN.COM 9/12/2023 12:06:57 PM SENT Maria LuluSalinas msalinas@atlashall.com 9/12/2023 12:06:57 PM SENT CLINTON WOLBERT CLINTON.WOLBERT@WILSONELSER.COM 9/12/2023 12:06:57 PM SENT SHERIFF'S OFFICE MROTHMAN@KRCL.COM 9/12/2023 12:06:57 PM SENT TYLER FALLEN tallen.@krcl.com 9/12/2023 12:06:57 PM SENT Bryanna Gonzales bgonzalez@atlashall.com 9/12/2023 12:06:57 PM SENT Norma Hernandez Norma.Hernandez@roystonlaw.com 9/12/2023 12:06:57 PM SENT Associated Case Party: HIGHWAY BARRICADES AND SERVICES, LLC Name BarNumber Email TimestampSubmitted Status Brittany Posadas bposadas@germer-austin.com 9/12/2023 12:06:57 PM SENT Associated Case Party: Texas Department of Transportation Name BarNumber Email TimestampSubmitted Status Garland Williams 24079580 Garland.Williams@oag.texas.gov 9/12/2023 12:06:57 PM SENT