Preview
Filed: 6/2/2023 2:29 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 76244617
By: Shailja Dixit
6/2/2023 2:36 PM
CAUSE NO. 22-CV-2211
EDWARD RHOME, INDIVIDUALLY AND § IN THE DISTRICT COURT
AS NEXT FRIEND OF MINOR T.T. §
§
§
V. § GALVESTON COUNTY, TEXAS
§
UHF CHICORY COURT 1, LP, D/B/A §
PARC AT MARINA LANDING §
APARTMENTS and SUNCHASE §
AMERICAN, LTD. § 405TH JUDICIAL DISTRICT
DEFENDANT’S ORIGINAL ANSWER
Sunchase American, Ltd., files its Original Answer to Plaintiffs’ live pleading on file in
this cause. In support, Defendant will show as follows:
A.
General Denial
Pursuant to TEX. R. CIV. P. 92, Defendant denies each and every, all and singular, the material
allegations contained in Plaintiffs’ live pleading filed herein, and demands strict proof thereof.
B.
Additional Defenses
Further, in the alternative, and without waiving the foregoing, Defendant asserts that the
occurrence made the basis of this suit and Plaintiffs’ claimed injuries and damages were caused
by the acts and omissions of a third party or third parties over whom Defendant had and has no
control, and were not the fault of Defendant.
Further, in the alternative, and without waiving the foregoing, Defendant asserts that the
occurrence made the basis of this suit and Plaintiffs’ claimed injuries and damages were caused
by the criminal conduct of a third party which constitutes a new, independent and intervening
cause, not related to the conduct of Defendant.
Further, in the alternative, and without waiving the foregoing, Defendant asserts that the sole
proximate cause of the occurrence made the basis of this suit and Plaintiffs’ claimed injuries and
damages was the act or omission of a person who is not a party to this suit.
Further, in the alternative, and without waiving the foregoing, Defendant asserts that it is
entitled to the full protections of Chapters 32 and 33 of the Texas Civil Practice and Remedies Code
such that it is only responsible for that percentage of responsibility for the occurrence made the basis
of this suit attributable to its conduct.
Further, in the alternative, and without waiving the foregoing, Defendant asserts that the sole
proximate cause of the occurrence made the basis of this suit was the unforeseeable criminal
conduct of Pedro Centeno-Escobedo a/k/a Pedro Centeno. Further, Defendant asserts that the
conduct of Pedro Centeno-Escobedo a/k/a Pedro Centeno constitutes a new and independent cause
and/or a superseding cause of the occurrence made the basis of this suit, not related to the conduct
of Defendant. Specifically, Plaintiffs allege that minor T.T. was “abducted and raped by Pedro
Centeno-Escobedo.” (PLAINTIFFS’ ORIGINAL PETITION at 2, ¶ 10). As evidenced by records
obtained through the Galveston County District Attorney’s Office listed under Case No.
17CR1415, Pedro Centeno-Escobedo a/k/a Pedro Centeno was charged and convicted of
aggravated assault of a child on October 15, 2018.
Further, and without waiving the foregoing, Defendant asserts that Plaintiff’s claims are
barred, in whole or in part, by the applicable statute of limitations.
Further, in the alternative, and without waiving the foregoing, Defendant asserts that Plaintiffs
are not entitled to recover damages under the Texas Deceptive Trade Practices—Consumer Protection
Act. TEX. BUS. & COM. CODE § 17.49(e).
2
Plaintiffs are limited to recovering only those medical expenses which were actually paid
or incurred as set forth in Section 41.0105 of the Texas Civil Practice and Remedies Code.
Plaintiffs’ damages, if any, for loss of earnings, loss of earning capacity, and for loss of
contributions of a pecuniary value are limited by Section 18.091 of the Texas Civil Practice and
Remedies Code.
For further answer, and without waiving the foregoing, Defendant asserts that Plaintiffs’
claim for exemplary damages is barred by TEX. CIV. PRAC. & REM. CODE § 41.005(a).
For further answer, and without waiving the foregoing, if they are found liable for
exemplary damages, which Defendant specifically denies, those damages are limited by Chapter
41 of the Texas Civil Practice and Remedies Code.
C.
Prayer
For these reasons, Defendant Sunchase American, Ltd. respectfully prays that Plaintiffs
take nothing by reason of this suit against it, that Plaintiffs’ suit against it be dismissed with
prejudice, that all costs be assessed against Plaintiffs, and that Defendant be awarded such further
relief, both general and special, at law or in equity, to which it may be justly entitled.
3
Respectfully submitted,
THE HUDGINS LAW FIRM
A PROFESSIONAL CORPORATION
By:
Spencer Edwards
State Bar Number 90001513
sedwards@hudgins-law.com
Mallorie S. Walker
State Bar Number 24125446
mwalker@hudgins-law.com
24 Greenway Plaza, Suite 2000
Houston, Texas 77046
Telephone (713) 623-2550
Facsimile (713) 623-2793
ATTORNEYS FOR DEFENDANT
SUNCHASE AMERICAN, LTD.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Defendant’s Original Answer
was served on the following:
Ashish Mahendru
Darren A. Braun
Mahendru, P.C.
639 Heights Blvd.
Houston, Texas 77007
via electronic service on this 2nd day of June, 2023.
Mallorie Walker
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.
Stephanie Weiss on behalf of Spencer Edwards
Bar No. 90001513
sweiss@hudgins-law.com
Envelope ID: 76244617
Filing Code Description: Original Answer
Filing Description: Defendant's Original Answer
Status as of 6/2/2023 2:36 PM CST
Associated Case Party: UHF Chicory Court 1, LP
Name BarNumber Email TimestampSubmitted Status
Spencer Edwards sedwards@hudgins-law.com 6/2/2023 2:29:15 PM SENT
Stephanie Weiss sweiss@hudgins-law.com 6/2/2023 2:29:15 PM SENT
Mallorie Walker mwalker@hudgins-law.com 6/2/2023 2:29:15 PM SENT
Associated Case Party: Edward Rhome
Name BarNumber Email TimestampSubmitted Status
Ashish Mahendru amahendru@thelitigationgroup.com 6/2/2023 2:29:15 PM SENT
Darren AndrewBraun dbraun@thelitigationgroup.com 6/2/2023 2:29:15 PM SENT
Danielle Butler dbutler@thelitigationgroup.com 6/2/2023 2:29:15 PM SENT
Preview
Filed: 6/2/2023 2:29 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 76244617 By: Shailja Dixit 6/2/2023 2:36 PM CAUSE NO. 22-CV-2211 EDWARD RHOME, INDIVIDUALLY AND § IN THE DISTRICT COURT AS NEXT FRIEND OF MINOR T.T. § § § V. § GALVESTON COUNTY, TEXAS § UHF CHICORY COURT 1, LP, D/B/A § PARC AT MARINA LANDING § APARTMENTS and SUNCHASE § AMERICAN, LTD. § 405TH JUDICIAL DISTRICT DEFENDANT’S ORIGINAL ANSWER Sunchase American, Ltd., files its Original Answer to Plaintiffs’ live pleading on file in this cause. In support, Defendant will show as follows: A. General Denial Pursuant to TEX. R. CIV. P. 92, Defendant denies each and every, all and singular, the material allegations contained in Plaintiffs’ live pleading filed herein, and demands strict proof thereof. B. Additional Defenses Further, in the alternative, and without waiving the foregoing, Defendant asserts that the occurrence made the basis of this suit and Plaintiffs’ claimed injuries and damages were caused by the acts and omissions of a third party or third parties over whom Defendant had and has no control, and were not the fault of Defendant. Further, in the alternative, and without waiving the foregoing, Defendant asserts that the occurrence made the basis of this suit and Plaintiffs’ claimed injuries and damages were caused by the criminal conduct of a third party which constitutes a new, independent and intervening cause, not related to the conduct of Defendant. Further, in the alternative, and without waiving the foregoing, Defendant asserts that the sole proximate cause of the occurrence made the basis of this suit and Plaintiffs’ claimed injuries and damages was the act or omission of a person who is not a party to this suit. Further, in the alternative, and without waiving the foregoing, Defendant asserts that it is entitled to the full protections of Chapters 32 and 33 of the Texas Civil Practice and Remedies Code such that it is only responsible for that percentage of responsibility for the occurrence made the basis of this suit attributable to its conduct. Further, in the alternative, and without waiving the foregoing, Defendant asserts that the sole proximate cause of the occurrence made the basis of this suit was the unforeseeable criminal conduct of Pedro Centeno-Escobedo a/k/a Pedro Centeno. Further, Defendant asserts that the conduct of Pedro Centeno-Escobedo a/k/a Pedro Centeno constitutes a new and independent cause and/or a superseding cause of the occurrence made the basis of this suit, not related to the conduct of Defendant. Specifically, Plaintiffs allege that minor T.T. was “abducted and raped by Pedro Centeno-Escobedo.” (PLAINTIFFS’ ORIGINAL PETITION at 2, ¶ 10). As evidenced by records obtained through the Galveston County District Attorney’s Office listed under Case No. 17CR1415, Pedro Centeno-Escobedo a/k/a Pedro Centeno was charged and convicted of aggravated assault of a child on October 15, 2018. Further, and without waiving the foregoing, Defendant asserts that Plaintiff’s claims are barred, in whole or in part, by the applicable statute of limitations. Further, in the alternative, and without waiving the foregoing, Defendant asserts that Plaintiffs are not entitled to recover damages under the Texas Deceptive Trade Practices—Consumer Protection Act. TEX. BUS. & COM. CODE § 17.49(e). 2 Plaintiffs are limited to recovering only those medical expenses which were actually paid or incurred as set forth in Section 41.0105 of the Texas Civil Practice and Remedies Code. Plaintiffs’ damages, if any, for loss of earnings, loss of earning capacity, and for loss of contributions of a pecuniary value are limited by Section 18.091 of the Texas Civil Practice and Remedies Code. For further answer, and without waiving the foregoing, Defendant asserts that Plaintiffs’ claim for exemplary damages is barred by TEX. CIV. PRAC. & REM. CODE § 41.005(a). For further answer, and without waiving the foregoing, if they are found liable for exemplary damages, which Defendant specifically denies, those damages are limited by Chapter 41 of the Texas Civil Practice and Remedies Code. C. Prayer For these reasons, Defendant Sunchase American, Ltd. respectfully prays that Plaintiffs take nothing by reason of this suit against it, that Plaintiffs’ suit against it be dismissed with prejudice, that all costs be assessed against Plaintiffs, and that Defendant be awarded such further relief, both general and special, at law or in equity, to which it may be justly entitled. 3 Respectfully submitted, THE HUDGINS LAW FIRM A PROFESSIONAL CORPORATION By: Spencer Edwards State Bar Number 90001513 sedwards@hudgins-law.com Mallorie S. Walker State Bar Number 24125446 mwalker@hudgins-law.com 24 Greenway Plaza, Suite 2000 Houston, Texas 77046 Telephone (713) 623-2550 Facsimile (713) 623-2793 ATTORNEYS FOR DEFENDANT SUNCHASE AMERICAN, LTD. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Defendant’s Original Answer was served on the following: Ashish Mahendru Darren A. Braun Mahendru, P.C. 639 Heights Blvd. Houston, Texas 77007 via electronic service on this 2nd day of June, 2023. Mallorie Walker 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. Stephanie Weiss on behalf of Spencer Edwards Bar No. 90001513 sweiss@hudgins-law.com Envelope ID: 76244617 Filing Code Description: Original Answer Filing Description: Defendant's Original Answer Status as of 6/2/2023 2:36 PM CST Associated Case Party: UHF Chicory Court 1, LP Name BarNumber Email TimestampSubmitted Status Spencer Edwards sedwards@hudgins-law.com 6/2/2023 2:29:15 PM SENT Stephanie Weiss sweiss@hudgins-law.com 6/2/2023 2:29:15 PM SENT Mallorie Walker mwalker@hudgins-law.com 6/2/2023 2:29:15 PM SENT Associated Case Party: Edward Rhome Name BarNumber Email TimestampSubmitted Status Ashish Mahendru amahendru@thelitigationgroup.com 6/2/2023 2:29:15 PM SENT Darren AndrewBraun dbraun@thelitigationgroup.com 6/2/2023 2:29:15 PM SENT Danielle Butler dbutler@thelitigationgroup.com 6/2/2023 2:29:15 PM SENT