Preview
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