Preview
FILED
8/31/2023 11:25 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Miranda Lynch 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 FIRST AMENDED ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Liliana Palacios, and files this Defendant’s First Amended Original
Answer to Plaintiffs 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 FIRST AMENDED 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 FIRST AMENDED 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 FIRST AMENDED 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 FIRST AMENDED 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).
XI.
Answering further, and in the alternative, Defendant would show that Plaintiff’s alleged
injuries, if any, are the result of the acts or omissions of persons not under Defendant's control,
which acts or omissions were the sole proximate cause of the occurrence made the basis of
Plaintiff s claims.
XII.
This Defendant would show that if evidence surfaced in this case that the Plaintiff
continues to complain of symptoms from this accident then in this event, this Defendant would
show that there might very well be evidence to illustrate and demonstrate that the Plaintiff has
failed to take care of the claimed injuries as a person using ordinary care would have done under
the same or similar circumstances and such failure to mitigate should be taken into consideration
and while this Defendant should not be assessed any monetary damages, he certainly should not
be assessed any damages for failure of the Plaintiff to mitigate.
XIII.
Answering further, if same be necessary, this Defendant would show that the matters
complained of by the Plaintiff herein were as to this Defendant wholly and completely
DEFENDANT’S FIRST AMENDED ORIGINAL ANSWER
PAGE 5
unavoidable, and Without any negligence on the part of this Defendant. In this connection,
Defendant would Show that the occurrence in question was the result of events and/or conditions
wholly beyond the scope and control of this Defendant, and for which he is not responsible.
XIV.
For further answer, if same be necessary, Defendant affirmatively pleads that Defendant
was confronted with an unexpected and sudden emergency and acted in a reasonable and prudent
manner as a result thereof.
XV.
Answering further, and in the alternative, Defendant would show that Plaintiffs injuries
and damages, if any, were proximately caused by a superseding and/or intervening act which
disrupted the chain of causation and was beyond the control of this Defendant.
XVI.
Defendant would further show that any injuries, damages or liabilities complained of by
the Plaintiff herein are the result in whole or in part of a pre-existing condition and disability and
are not the result of any act or omission on the part of this Defendant.
XVII.
By way of further answer, Defendant affirmatively pleads that the Plaintiff was
contributorily negligent in this case, which negligence solely and proximately caused the incident
in question.
GENERAL DENIAL
XVIII.
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 OF CIVIL PROCEDURE.
DEFENDANT’S FIRST AMENDED ORIGINAL ANSWER
PAGE 6
JURY DEMAND
XIV.
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 FIRST AMENDED ORIGINAL ANSWER
PAGE 7
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
BLAISE S. WILCOTT
State Bar No. 24086481
SELENE DOMINGUEZ PENA
State Bar No. 24106929
MARK C. HUMPHREY
State Bar No. 24132191
ASHANTI S. BAKER
State Bar No. 24128416
JOHN DAVID “JD” MERRITT
State Bar No. 24128467
ESERVICE@LECR0NELAW.C0M
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
This is to certify that on the 313‘ day of August, 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. Teague
MARK A. TEAGUE
DEFENDANT’S FIRST AMENDED ORIGINAL ANSWER
PAGE 8
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.
Sophia Patterson on behalf of Mark Teague
Bar No. 24003039
Sophia@lecronelaw.com
Envelope ID: 79110811
Filing Code Description: Amended Answer - Amended General Denial
Filing Description: FIRST
Status as of 9/1/2023 12:41 PM CST
Associated Case Party: CRYSTAL SKATES
Name BarNumber Email TimestampSubmitted Status
Melanie Kulp dallaslit@galyen.com 8/31/2023 11:25:13 AM SENT
Ana K.Lee alee@galyen.com 8/31/2023 11:25:13 AM SENT
Associated Case Party: LlLlANA PALACIOS
Name BarNumber Email TimestampSubmitted Status
Mark A.Teague eservice@lecronelaw.com 8/31/2023 11:25:13 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Sophia Patterson sophia@lecronelaw.com 8/31/2023 11:25:13 AM SENT
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FILED 8/31/2023 11:25 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Miranda Lynch 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 FIRST AMENDED ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Liliana Palacios, and files this Defendant’s First Amended Original Answer to Plaintiffs 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 FIRST AMENDED 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 FIRST AMENDED 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 FIRST AMENDED 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 FIRST AMENDED 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). XI. Answering further, and in the alternative, Defendant would show that Plaintiff’s alleged injuries, if any, are the result of the acts or omissions of persons not under Defendant's control, which acts or omissions were the sole proximate cause of the occurrence made the basis of Plaintiff s claims. XII. This Defendant would show that if evidence surfaced in this case that the Plaintiff continues to complain of symptoms from this accident then in this event, this Defendant would show that there might very well be evidence to illustrate and demonstrate that the Plaintiff has failed to take care of the claimed injuries as a person using ordinary care would have done under the same or similar circumstances and such failure to mitigate should be taken into consideration and while this Defendant should not be assessed any monetary damages, he certainly should not be assessed any damages for failure of the Plaintiff to mitigate. XIII. Answering further, if same be necessary, this Defendant would show that the matters complained of by the Plaintiff herein were as to this Defendant wholly and completely DEFENDANT’S FIRST AMENDED ORIGINAL ANSWER PAGE 5 unavoidable, and Without any negligence on the part of this Defendant. In this connection, Defendant would Show that the occurrence in question was the result of events and/or conditions wholly beyond the scope and control of this Defendant, and for which he is not responsible. XIV. For further answer, if same be necessary, Defendant affirmatively pleads that Defendant was confronted with an unexpected and sudden emergency and acted in a reasonable and prudent manner as a result thereof. XV. Answering further, and in the alternative, Defendant would show that Plaintiffs injuries and damages, if any, were proximately caused by a superseding and/or intervening act which disrupted the chain of causation and was beyond the control of this Defendant. XVI. Defendant would further show that any injuries, damages or liabilities complained of by the Plaintiff herein are the result in whole or in part of a pre-existing condition and disability and are not the result of any act or omission on the part of this Defendant. XVII. By way of further answer, Defendant affirmatively pleads that the Plaintiff was contributorily negligent in this case, which negligence solely and proximately caused the incident in question. GENERAL DENIAL XVIII. 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 OF CIVIL PROCEDURE. DEFENDANT’S FIRST AMENDED ORIGINAL ANSWER PAGE 6 JURY DEMAND XIV. 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 FIRST AMENDED ORIGINAL ANSWER PAGE 7 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 BLAISE S. WILCOTT State Bar No. 24086481 SELENE DOMINGUEZ PENA State Bar No. 24106929 MARK C. HUMPHREY State Bar No. 24132191 ASHANTI S. BAKER State Bar No. 24128416 JOHN DAVID “JD” MERRITT State Bar No. 24128467 ESERVICE@LECR0NELAW.C0M ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE This is to certify that on the 313‘ day of August, 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. Teague MARK A. TEAGUE DEFENDANT’S FIRST AMENDED ORIGINAL ANSWER PAGE 8 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. Sophia Patterson on behalf of Mark Teague Bar No. 24003039 Sophia@lecronelaw.com Envelope ID: 79110811 Filing Code Description: Amended Answer - Amended General Denial Filing Description: FIRST Status as of 9/1/2023 12:41 PM CST Associated Case Party: CRYSTAL SKATES Name BarNumber Email TimestampSubmitted Status Melanie Kulp dallaslit@galyen.com 8/31/2023 11:25:13 AM SENT Ana K.Lee alee@galyen.com 8/31/2023 11:25:13 AM SENT Associated Case Party: LlLlANA PALACIOS Name BarNumber Email TimestampSubmitted Status Mark A.Teague eservice@lecronelaw.com 8/31/2023 11:25:13 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Sophia Patterson sophia@lecronelaw.com 8/31/2023 11:25:13 AM SENT