Preview
Cause No. 22-DCV-298750
ARQUINTIS AMY THOMPSON § IN THE DISTRICT COURT OF
§
VS. § FORT BENDCOUNTY, TEXAS
§
WALMART INC. § 434thJUDICIAL DISTRICT
DEFENDANT’S ORIGINAL ANS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, DEF ANT, W MART STORES TEXAS, LLC, incorrectly named as
WALMART INC. and files its Original Answer to Plaintiff’s Original Petition and would
respectfully show the Court as follows:
General Denial
1. Defendant generally denies the allegations in Plaintiff’s Original ition, and req st
that Plaintiff be required to prove them by a preponderance of the evidence in accordance with the
laws of the State of Texas.
II. Other Defenses
2. Pursuant to Rule 94 of the Texas Rule of Civil Procedure, Defendant asserts the
mative defense of contributory negligence. The negligence of Plaintiff caused or contributed to
injures so that the claims are barred or, in the alternative, must be reduced in accordance with the
relative degree of h own negligence. Defendant requests the trier of fact to determine Plaintiff’s
liability and percentage of responsibility pursuant to Tex. Civ. Prac. & Rem. Code §33.003.
3. Defendant will further show that this action is subject to the proportionate
responsibility provisions of Ch pter 33 of the T as Civil Practice and Remedies Code, including
(without limitation) the requirement of §§33.003 thereof that the trier of fact determine the relative
responsibility of Plaintiff, and each and every responsible third party that maybe join d in this suit.
efendant may not be held jointly and severally liable for any amount of damages claimed herein
unless the percentage of responsibility of Defendant, when compared with that of Plaintiff, and each
and every responsible thirdparty is grea er than 50
Defendant will further show that Defendant is not responsible for any expenses or
damages allegedly incurred by Plaintiff due to Plaintiff’s own acts, conduct, negligence and/or failure
to exercise reasonable care in mitigating dama es.
will further show that Plaintiff’s alleged damages were not proximately
caused by any acts or omissions of Defendant.
Defendant will further show that in the unlikely event Plaintiff is adjudged to be
entitled to any damages in th s matter, denied, Plaintiff is not entitled to recover
prejudgment interest on any future damages. Defendant would show that, as a matter of law, interest
on damages yet to accrue is not compensatory and is, consequently, a penalty which would nt be
impos absent a finding of gross negligence, or rather, for a lesser level or degree of culpability
for which a penalty is not authorized by law.
Defendant will further show that if prejudgment interest is recoverable in this case, it
limited i ance with TEX.FIN.CODE ANN. §304.101 et seq.
Defendant will further show that if post judgment interest is recoverable in this case, it
is limited in accordance with TEX.FIN.CODE ANN. §304.003(c).
Defendant would further show that to th Plaintiff seeks recovery for medical
bills, expenses and services that were incurred, but which were never charged to Plaintiff and, thus,
were never paid or incurred by Plaintiff because it exceeded the amount authorized by Medicaid,
ivate insu ny other entity, Defendant asserts that Plaintiff is not entitled to recover these
amounts.
Defendant will further show that to the extent that any health care provider has written
off its charges for medical care for Plaintiff ad/or paid for medical care in connection with
11183 16278 Pleadings Original Answer.doc
the injuries made the basis of this suit, in the unlikely event that Plaintiff obtains a final judgment
against Defendant, they would respectfully show that they are entitled to a credit and/or offset or the
tot t of such write offs and/or expenditures incurred and paid by others and accruing to
Plaintiff pursuant to Tex. Civ. Prac. & Rem. Code §41.0105.
Defendant will further show that to extent Plaintiff is asserting a recovery of lost
arning cap oss of contribution of pecuniary value or loss of inheritance, the limitations of
Section 18.091 of the Texas Civil Practice andRemedies Code apply.
Defendant will further show that they are entitled to all caps and limitations o
damages p to the Texas Civil Practice & Remedies Code.
Prayer
WHEREFORE, PREMISES CONSIDERED, Defendant, WAL MART STORES TEXAS,
LLC, prays that Plaintiff, Arquintis Amy Thompson, take nothing by way of this suit; that Judgmen
be entered for Defendant; that Defend ver costs of C asonable and necessary
attorney’s fees; and that Defendant have any other and further relief, at law or in equity, to which it
may show itself justly entitled.
Respectfully submitted,
SH & RAMIREZ, PLLC
hn A. Ramirez
John A. Ramirez
SBN. 00798450
5615 Kirby, Suite 900
Houston, Texas 77005
(713) 626 1555 Telephone
(713) 8077 Telecopier
jramirez.atty@bushramirez.com
RNEYS FOR DEFENDANT, WAL
MAR XAS, LLC.
11183 16278 Pleadings Original Answer.doc
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing instrument
was served on all counsel of record pursuant to the Texas Rules of Civil Procedure on he
day uary
Abraha Gar
KGL LAW GROUP
W. Parker Rd., S ite
Houston, Texas 77076
/s/John A. Ramirez
JOHN A. RAMIR
11183 16278 Pleadings Original Answer.doc
Preview
Cause No. 22-DCV-298750 ARQUINTIS AMY THOMPSON § IN THE DISTRICT COURT OF § VS. § FORT BENDCOUNTY, TEXAS § WALMART INC. § 434thJUDICIAL DISTRICT DEFENDANT’S ORIGINAL ANS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, DEF ANT, W MART STORES TEXAS, LLC, incorrectly named as WALMART INC. and files its Original Answer to Plaintiff’s Original Petition and would respectfully show the Court as follows: General Denial 1. Defendant generally denies the allegations in Plaintiff’s Original ition, and req st that Plaintiff be required to prove them by a preponderance of the evidence in accordance with the laws of the State of Texas. II. Other Defenses 2. Pursuant to Rule 94 of the Texas Rule of Civil Procedure, Defendant asserts the mative defense of contributory negligence. The negligence of Plaintiff caused or contributed to injures so that the claims are barred or, in the alternative, must be reduced in accordance with the relative degree of h own negligence. Defendant requests the trier of fact to determine Plaintiff’s liability and percentage of responsibility pursuant to Tex. Civ. Prac. & Rem. Code §33.003. 3. Defendant will further show that this action is subject to the proportionate responsibility provisions of Ch pter 33 of the T as Civil Practice and Remedies Code, including (without limitation) the requirement of §§33.003 thereof that the trier of fact determine the relative responsibility of Plaintiff, and each and every responsible third party that maybe join d in this suit. efendant may not be held jointly and severally liable for any amount of damages claimed herein unless the percentage of responsibility of Defendant, when compared with that of Plaintiff, and each and every responsible thirdparty is grea er than 50 Defendant will further show that Defendant is not responsible for any expenses or damages allegedly incurred by Plaintiff due to Plaintiff’s own acts, conduct, negligence and/or failure to exercise reasonable care in mitigating dama es. will further show that Plaintiff’s alleged damages were not proximately caused by any acts or omissions of Defendant. Defendant will further show that in the unlikely event Plaintiff is adjudged to be entitled to any damages in th s matter, denied, Plaintiff is not entitled to recover prejudgment interest on any future damages. Defendant would show that, as a matter of law, interest on damages yet to accrue is not compensatory and is, consequently, a penalty which would nt be impos absent a finding of gross negligence, or rather, for a lesser level or degree of culpability for which a penalty is not authorized by law. Defendant will further show that if prejudgment interest is recoverable in this case, it limited i ance with TEX.FIN.CODE ANN. §304.101 et seq. Defendant will further show that if post judgment interest is recoverable in this case, it is limited in accordance with TEX.FIN.CODE ANN. §304.003(c). Defendant would further show that to th Plaintiff seeks recovery for medical bills, expenses and services that were incurred, but which were never charged to Plaintiff and, thus, were never paid or incurred by Plaintiff because it exceeded the amount authorized by Medicaid, ivate insu ny other entity, Defendant asserts that Plaintiff is not entitled to recover these amounts. Defendant will further show that to the extent that any health care provider has written off its charges for medical care for Plaintiff ad/or paid for medical care in connection with 11183 16278 Pleadings Original Answer.doc the injuries made the basis of this suit, in the unlikely event that Plaintiff obtains a final judgment against Defendant, they would respectfully show that they are entitled to a credit and/or offset or the tot t of such write offs and/or expenditures incurred and paid by others and accruing to Plaintiff pursuant to Tex. Civ. Prac. & Rem. Code §41.0105. Defendant will further show that to extent Plaintiff is asserting a recovery of lost arning cap oss of contribution of pecuniary value or loss of inheritance, the limitations of Section 18.091 of the Texas Civil Practice andRemedies Code apply. Defendant will further show that they are entitled to all caps and limitations o damages p to the Texas Civil Practice & Remedies Code. Prayer WHEREFORE, PREMISES CONSIDERED, Defendant, WAL MART STORES TEXAS, LLC, prays that Plaintiff, Arquintis Amy Thompson, take nothing by way of this suit; that Judgmen be entered for Defendant; that Defend ver costs of C asonable and necessary attorney’s fees; and that Defendant have any other and further relief, at law or in equity, to which it may show itself justly entitled. Respectfully submitted, SH & RAMIREZ, PLLC hn A. Ramirez John A. Ramirez SBN. 00798450 5615 Kirby, Suite 900 Houston, Texas 77005 (713) 626 1555 Telephone (713) 8077 Telecopier jramirez.atty@bushramirez.com RNEYS FOR DEFENDANT, WAL MAR XAS, LLC. 11183 16278 Pleadings Original Answer.doc CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing instrument was served on all counsel of record pursuant to the Texas Rules of Civil Procedure on he day uary Abraha Gar KGL LAW GROUP W. Parker Rd., S ite Houston, Texas 77076 /s/John A. Ramirez JOHN A. RAMIR 11183 16278 Pleadings Original Answer.doc