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FILED
1/17/2023 9:39 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Cassandra Walker DEPUTY
CAUSE NO. DC-22-14527
CRYSTAL SKATES § IN THE DISTRICT COURT
§
V. § lOlst JUDICIAL DISTRICT
§
LILIANA PALACIOS § DALLAS COUNTY, TEXAS
DEFENDANT LILIANA PALACIOS’S ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Liliana Palacios, and files this Defendant’s Original Answer to Plaintiff’s
Original Petition and would respectfully show the Court as follows:
RULE 193.7
I.
Pursuant to Rule 193.7 of the TEXAS RULES OF CIVIL PROCEDURE, Defendant hereby gives
notice to the Plaintiff that Defendant intends to use all documents exchanged and produced
between the parties (including, but not limited to, correspondence, pleadings, records, and
discovery responses) during the trial of this matter as authenticated.
SPECIAL EXCEPTIONS
II.
Defendant specially objects and excepts to Paragraph VI. of Plaintiff s Original Petition
wherein Plaintiff alleges:
“Reasonable medical care and expenses in the past. . .
”
“Reasonable and necessary medical care and expenses. . . in the future”
Rule 56 of the TEXAS RULES OF CIVIL PROCEDURE requires that when an item of special
damages is claimed, it shall be specifically stated. Therefore, Plaintiff should be required to state
the name of each health care provider and/or physician who treated her for injuries allegedly
DEFENDANT’S ORIGINAL ANSWER PAGE 1
suffered as a result of the incident made the basis of this suit, and the amount paid to or owed to
such health care providers and/or physicians. Further, Plaintiff should be required to state the
amount of medical expenses she anticipates incurring in the future. Should Plaintiff fail and/or
refuse to so amend her petition, the above-referenced allegations should be automatically stricken
in their entirety and all relief supported by the same automatically denied.
III.
Defendant specially objects and excepts to Paragraph VI. of Plaintiff’s Original Petition
wherein Plaintiff alleges:
“Physical pain and suffering in the past and future”
Rule 56 of the TEXAS RULES OF CIVIL PROCEDURE requires that when an item of special
damages is claimed, it shall be specifically stated. Therefore, Plaintiff should be required to plead
facts sufficient to put Defendant on notice of What physical pain and suffering Plaintiff is claiming,
including the kind, character, nature, and extent of such claims. Further, Plaintiff should be
required to state What physical pain and suffering the Plaintiff anticipates suffering in the future.
Should Plaintiff fail and/or refuse to so amend her petition, the above-referenced allegations should
be automatically stricken in their entirety and all relief supported by the same automatically denied.
IV.
Defendant specially objects and excepts to Paragraph VI. of Plaintiff’s Original Petition
wherein Plaintiff alleges:
“Impairment in the past and future”
Rule 56 of the TEXAS RULES OF CIVIL PROCEDURE requires that when an item of special
damages is claimed, it shall be specifically stated. Therefore, Plaintiff should be required to plead
facts sufficient to put Defendant on notice of what impairment Plaintiff is claiming, including the
kind, character, nature, and extent of such claims. Further, Plaintiff should be required to state
DEFENDANT’S ORIGINAL ANSWER PAGE 2
what impairment the Plaintiff anticipates suffering in the future. Should Plaintiff fail and/or refuse
to so amend her petition, the above-referenced allegations should be automatically stricken in their
entirety and all relief supported by the same automatically denied.
V.
Defendant specially objects and excepts to Paragraph VI. of Plaintiff’s Original Petition
wherein Plaintiff alleges:
“Mental anguish in the past and future”
Rule 56 of the TEXAS RULES OF CIVIL PROCEDURE requires that when an item of special
damages is claimed, it shall be specifically stated. Therefore, Plaintiff should be required to plead
facts sufficient to put Defendant on notice of what mental anguish Plaintiff is claiming, including
the kind, character, nature, and extent of such claims. Further, Plaintiff should be required to state
what mental anguish the Plaintiff anticipates suffering in the future. Should Plaintiff fail and/or
refuse to so amend her petition, the above-referenced allegations should be automatically stricken
in their entirety and all relief supported by the same automatically denied.
VI.
Defendant specially objects and excepts to Paragraph VI. of Plaintiff s Original Petition
wherein Plaintiff alleges:
“Property damage”
Rule 56 of the Texas Rules of Civil Procedure requires that when items of special damages
are claimed, they shall be specifically stated. Therefore, Plaintiff should be required to plead her
damages for each element with specificity. Should Plaintiff fail and/or refuse to so amend her
Petition, the above-referenced allegations should be automatically stricken in their entirety and all
relief supported by the same automatically denied.
DEFENDANT’S ORIGINAL ANSWER PAGE 3
VII.
Defendant specially objects and excepts to Paragraph VI. of Plaintiff’ s Original Petition
wherein Plaintiff alleges:
“Disfigurement”
Rule 56 of the TEXAS RULES OF CIVIL PROCEDURE requires that when an item of special
damages is claimed, it shall be specifically stated. Therefore, Plaintiff should be required to plead
facts sufficient to put Defendant on notice of what disfigurement Plaintiff is claiming, including
the kind, character, nature, and extent of such claims. Further, Plaintiff should be required to state
what disfigurement the Plaintiff anticipates suffering in the future. Should Plaintiff fail and/or
refuse to so amend her petition, the above-referenced allegations should be automatically stricken
in their entirety and all relief supported by the same automatically denied.
VIII.
Defendant specially objects and excepts to Paragraph VI. and VII. of Plaintiff‘ s Original
Petition wherein Plaintiff alleges:
“Lost wages past and future”
“Loss of earning capacity in the past and future”
Rule 56 of the Texas Rules of Civil Procedure requires that when an item of special
damages is claimed, it shall be specifically stated. Therefore, Plaintiff should be required to state
the amount of wages and earning capacity which she allegedly lost as a result of the incident made
the basis of this suit. Further, Plaintiff should be required to state the amount of wages and earning
capacity she anticipates she will lose in the future. Should Plaintiff fail and/or refuse to so amend
her Petition, the above-referenced allegations should be automatically stricken in their entirety and
all relief supported by the same automatically denied.
DEFENDANT’S ORIGINAL ANSWER PAGE 4
AFFIRMATIVE DEFENSES
IX.
Defendant further specifically invokes § 41.0105 TEX. CIV. PRAC. & REM. CODE, which
provides that recovery of medical or health care expenses incurred are limited to the amount
actually paid or incurred by or on behalf of Plaintiff.
X.
Defendant further alleges that Plaintiffs claims for pre-judgment and post-judgment
interest are limited by the dates and amounts set forth in TEX. FIN. CODE ANN. § 304 (2015).
GENERAL DENIAL
XI.
Defendant, Liliana Palacios, denies all and singular the material allegations of fact
contained in Plaintiff’s Original Petition and demands strict proof thereof by a preponderance of
the evidence, pursuant to Rule 92 of the TEXAS RULES 0F CIVIL PROCEDURE.
JURY DEMAND
XII.
Defendant respectfully demands a trial by jury with respect to any and all issues of fact.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that, upon trial hereof,
Plaintiff takes nothing, Defendant go hence Without delay and recover her costs, and for such other
and further relief, at law or in equity, to which Defendant may be justly entitled.
DEFENDANT’S ORIGINAL ANSWER PAGE 5
Respectfully submitted,
THE LECRONE LAW FIRM, PC
Wall Street Plaza
123 North Crockett Street, Suite 200
Sherman, TX 75090
TEL: 903.813.1900
FAX: 903.813.1944
By: /s/9vtarkfl. ‘I‘eague
MARK A. TEAGUE
State Bar No. 24003039
JOHN W. BREEZE
State Bar No. 00796248
HILLARY LUCKETT CLARK
State Bar No. 24077714
ALEXANDRIA K. CARPENTER
State Bar No. 24101596
RHONDA D. HOLCOMB
State Bar No. 24099024
BLAISE S. WILCOTT
State Bar No. 24086481
SELENE DOMINGUEZ PENA
State Bar No. 24106929
ESERVICE@LECR0NELAW.C0M
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
This is to certify that on the 17th day of January, 2023, the foregoing instrument was
forwarded to the following counsel of record:
Ms. Ana K. Lee
BAILEY & GALYEN
2777 N Stemmons Fwy, Suite 1150
Dallas, Texas 75207
/s/ Mark fl. ‘I'eague
MARK A. TEAGUE
DEFENDANT’S ORIGINAL ANSWER PAGE 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.
Jessica Seals on behalf of Mark Teague
Bar No. 24003039
jessica@lecronelaw.com
Envelope ID: 71838502
Status as of 1/17/2023 3:43 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Melanie Kulp dallaslit@galyen.com 1/17/2023 9:39:01 AM SENT
Ana K.Lee alee@galyen.com 1/17/2023 9:39:01 AM SENT
Associated Case Party: LlLlANA PALACIOS
Name BarNumber Email TimestampSubmitted Status
Mark A.Teague eservice@lecronelaw.com 1/17/2023 9:39:01 AM SENT
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FILED 1/17/2023 9:39 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Cassandra Walker DEPUTY CAUSE NO. DC-22-14527 CRYSTAL SKATES § IN THE DISTRICT COURT § V. § lOlst JUDICIAL DISTRICT § LILIANA PALACIOS § DALLAS COUNTY, TEXAS DEFENDANT LILIANA PALACIOS’S ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Liliana Palacios, and files this Defendant’s Original Answer to Plaintiff’s Original Petition and would respectfully show the Court as follows: RULE 193.7 I. Pursuant to Rule 193.7 of the TEXAS RULES OF CIVIL PROCEDURE, Defendant hereby gives notice to the Plaintiff that Defendant intends to use all documents exchanged and produced between the parties (including, but not limited to, correspondence, pleadings, records, and discovery responses) during the trial of this matter as authenticated. SPECIAL EXCEPTIONS II. Defendant specially objects and excepts to Paragraph VI. of Plaintiff s Original Petition wherein Plaintiff alleges: “Reasonable medical care and expenses in the past. . . ” “Reasonable and necessary medical care and expenses. . . in the future” Rule 56 of the TEXAS RULES OF CIVIL PROCEDURE requires that when an item of special damages is claimed, it shall be specifically stated. Therefore, Plaintiff should be required to state the name of each health care provider and/or physician who treated her for injuries allegedly DEFENDANT’S ORIGINAL ANSWER PAGE 1 suffered as a result of the incident made the basis of this suit, and the amount paid to or owed to such health care providers and/or physicians. Further, Plaintiff should be required to state the amount of medical expenses she anticipates incurring in the future. Should Plaintiff fail and/or refuse to so amend her petition, the above-referenced allegations should be automatically stricken in their entirety and all relief supported by the same automatically denied. III. Defendant specially objects and excepts to Paragraph VI. of Plaintiff’s Original Petition wherein Plaintiff alleges: “Physical pain and suffering in the past and future” Rule 56 of the TEXAS RULES OF CIVIL PROCEDURE requires that when an item of special damages is claimed, it shall be specifically stated. Therefore, Plaintiff should be required to plead facts sufficient to put Defendant on notice of What physical pain and suffering Plaintiff is claiming, including the kind, character, nature, and extent of such claims. Further, Plaintiff should be required to state What physical pain and suffering the Plaintiff anticipates suffering in the future. Should Plaintiff fail and/or refuse to so amend her petition, the above-referenced allegations should be automatically stricken in their entirety and all relief supported by the same automatically denied. IV. Defendant specially objects and excepts to Paragraph VI. of Plaintiff’s Original Petition wherein Plaintiff alleges: “Impairment in the past and future” Rule 56 of the TEXAS RULES OF CIVIL PROCEDURE requires that when an item of special damages is claimed, it shall be specifically stated. Therefore, Plaintiff should be required to plead facts sufficient to put Defendant on notice of what impairment Plaintiff is claiming, including the kind, character, nature, and extent of such claims. Further, Plaintiff should be required to state DEFENDANT’S ORIGINAL ANSWER PAGE 2 what impairment the Plaintiff anticipates suffering in the future. Should Plaintiff fail and/or refuse to so amend her petition, the above-referenced allegations should be automatically stricken in their entirety and all relief supported by the same automatically denied. V. Defendant specially objects and excepts to Paragraph VI. of Plaintiff’s Original Petition wherein Plaintiff alleges: “Mental anguish in the past and future” Rule 56 of the TEXAS RULES OF CIVIL PROCEDURE requires that when an item of special damages is claimed, it shall be specifically stated. Therefore, Plaintiff should be required to plead facts sufficient to put Defendant on notice of what mental anguish Plaintiff is claiming, including the kind, character, nature, and extent of such claims. Further, Plaintiff should be required to state what mental anguish the Plaintiff anticipates suffering in the future. Should Plaintiff fail and/or refuse to so amend her petition, the above-referenced allegations should be automatically stricken in their entirety and all relief supported by the same automatically denied. VI. Defendant specially objects and excepts to Paragraph VI. of Plaintiff s Original Petition wherein Plaintiff alleges: “Property damage” Rule 56 of the Texas Rules of Civil Procedure requires that when items of special damages are claimed, they shall be specifically stated. Therefore, Plaintiff should be required to plead her damages for each element with specificity. Should Plaintiff fail and/or refuse to so amend her Petition, the above-referenced allegations should be automatically stricken in their entirety and all relief supported by the same automatically denied. DEFENDANT’S ORIGINAL ANSWER PAGE 3 VII. Defendant specially objects and excepts to Paragraph VI. of Plaintiff’ s Original Petition wherein Plaintiff alleges: “Disfigurement” Rule 56 of the TEXAS RULES OF CIVIL PROCEDURE requires that when an item of special damages is claimed, it shall be specifically stated. Therefore, Plaintiff should be required to plead facts sufficient to put Defendant on notice of what disfigurement Plaintiff is claiming, including the kind, character, nature, and extent of such claims. Further, Plaintiff should be required to state what disfigurement the Plaintiff anticipates suffering in the future. Should Plaintiff fail and/or refuse to so amend her petition, the above-referenced allegations should be automatically stricken in their entirety and all relief supported by the same automatically denied. VIII. Defendant specially objects and excepts to Paragraph VI. and VII. of Plaintiff‘ s Original Petition wherein Plaintiff alleges: “Lost wages past and future” “Loss of earning capacity in the past and future” Rule 56 of the Texas Rules of Civil Procedure requires that when an item of special damages is claimed, it shall be specifically stated. Therefore, Plaintiff should be required to state the amount of wages and earning capacity which she allegedly lost as a result of the incident made the basis of this suit. Further, Plaintiff should be required to state the amount of wages and earning capacity she anticipates she will lose in the future. Should Plaintiff fail and/or refuse to so amend her Petition, the above-referenced allegations should be automatically stricken in their entirety and all relief supported by the same automatically denied. DEFENDANT’S ORIGINAL ANSWER PAGE 4 AFFIRMATIVE DEFENSES IX. Defendant further specifically invokes § 41.0105 TEX. CIV. PRAC. & REM. CODE, which provides that recovery of medical or health care expenses incurred are limited to the amount actually paid or incurred by or on behalf of Plaintiff. X. Defendant further alleges that Plaintiffs claims for pre-judgment and post-judgment interest are limited by the dates and amounts set forth in TEX. FIN. CODE ANN. § 304 (2015). GENERAL DENIAL XI. Defendant, Liliana Palacios, denies all and singular the material allegations of fact contained in Plaintiff’s Original Petition and demands strict proof thereof by a preponderance of the evidence, pursuant to Rule 92 of the TEXAS RULES 0F CIVIL PROCEDURE. JURY DEMAND XII. Defendant respectfully demands a trial by jury with respect to any and all issues of fact. WHEREFORE, PREMISES CONSIDERED, Defendant prays that, upon trial hereof, Plaintiff takes nothing, Defendant go hence Without delay and recover her costs, and for such other and further relief, at law or in equity, to which Defendant may be justly entitled. DEFENDANT’S ORIGINAL ANSWER PAGE 5 Respectfully submitted, THE LECRONE LAW FIRM, PC Wall Street Plaza 123 North Crockett Street, Suite 200 Sherman, TX 75090 TEL: 903.813.1900 FAX: 903.813.1944 By: /s/9vtarkfl. ‘I‘eague MARK A. TEAGUE State Bar No. 24003039 JOHN W. BREEZE State Bar No. 00796248 HILLARY LUCKETT CLARK State Bar No. 24077714 ALEXANDRIA K. CARPENTER State Bar No. 24101596 RHONDA D. HOLCOMB State Bar No. 24099024 BLAISE S. WILCOTT State Bar No. 24086481 SELENE DOMINGUEZ PENA State Bar No. 24106929 ESERVICE@LECR0NELAW.C0M ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE This is to certify that on the 17th day of January, 2023, the foregoing instrument was forwarded to the following counsel of record: Ms. Ana K. Lee BAILEY & GALYEN 2777 N Stemmons Fwy, Suite 1150 Dallas, Texas 75207 /s/ Mark fl. ‘I'eague MARK A. TEAGUE DEFENDANT’S ORIGINAL ANSWER PAGE 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. Jessica Seals on behalf of Mark Teague Bar No. 24003039 jessica@lecronelaw.com Envelope ID: 71838502 Status as of 1/17/2023 3:43 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Melanie Kulp dallaslit@galyen.com 1/17/2023 9:39:01 AM SENT Ana K.Lee alee@galyen.com 1/17/2023 9:39:01 AM SENT Associated Case Party: LlLlANA PALACIOS Name BarNumber Email TimestampSubmitted Status Mark A.Teague eservice@lecronelaw.com 1/17/2023 9:39:01 AM SENT