On August 30, 2019 a
Answer
was filed
involving a dispute between
Lara, Alfonso,
and
Pindi, Dayakar,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
FILED
DALLAS COUNTY
10/10/2019 1:17 PM
FELICIA PITRE
DISTRICT CLERK
Ter” “'90"?
CAUSE N0. DC—19—13584
ALFONSO LARA, IN THE DISTRICT COURT
Plaintiff,
VS.
160TH JUDICIAL DISTRICT
DAYAKAR PINDI,
Defendant.
DALLAS COUNTY, TEXAS
DEFENDANT, DAYAKAR PINDI'S, ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES DAYAKAR PINDI, Defendant in the above-styled and numbered cause,
and files Defendant's Original Answer, and in support hereof would respectfully show unto the
Court the following:
1.
GENERAL DENIAL
Defendant denies each and every, all and singular the material allegations made and
contained in the Original Petition and any petition which Plaintiff may hereinafter file by way 0f
amendment or supplement, and, in accordance With Texas law, demands that Plaintiff prove by a
preponderance of the credible evidence each and every such allegation made and contained
therein.
2.
AMOUNT OF RECOVERY
In addition t0 any other limitation under law, recovery of medical 0r health care expenses
incurred is limited t0 the amount actually paid 0r incurred by 0r 0n behalf 0f the claimant.
Lara vs. Pinidi PAGE 1
DEFENDANT DAYAKAR PINDI'S ORIGINAL ANSWER
Our File Number: 052677 1 613.1
3.
JURY REQUEST
Defendant respectfully requests a jury trial.
4.
DESIGNATED E-SERVICE EMAIL ADDRESS
The following is the undersigned attorney’s designation of electronic service email
address for all electronically served documents and notices, filed and unfiled, pursuant to
TeX.R.CiV.P. 21(f)(2) & 21(a). (DallasLegal@allstate.com). This is the undersigned’s ONLY
electronic service email address, and service through any other email address will be considered
invalid.
5.
CONTRIBUTORY NEGLIGENCE OF PLAINTIFF
Further answering, if the same be necessary, Without waiver of the foregoing, Defendant
would show that at the same time and on the occasion in question, Plaintiff was guilty of one or
more negligent acts and/or omissions Which were the sole proximate cause 0r proximately
contributed to cause, the incident in question and any and all resulting injuries and damages.
6.
DEFENDANT’S OBJECTION TO PLAINTIFF’S NOTICE OF INTENT TO USE
DISCOVERY AGAINST DEFENDANT PURSUANT TO TEX.R.CIV.P. 193.7
Plaintiff’s Original Petition contains a Notice 0f Intent. The Notice simply indicates that
Plaintiff intends t0 utilize items produced in discovery in the trial 0f this matter and claims the
authenticity of such items is self—proven per the Texas Rules of Civil Procedure, 193.7.
However, the “Notice” fails t0 specify with any particularity what documents Plaintiff intends t0
utilize.
Lara vs. Pinidi PAGE 2
DEFENDANT DAYAKAR PINDI'S ORIGINAL ANSWER
Our File Number: 052677 1 613.1
Rule 193.7 automatically authenticates documents where the Defendant has been given
“actual notice that the document will be used” and permits the Defendant t0 obj ect if an
obj ection t0 the specific document is warranted. In the present case, Plaintiff has not specified
what document or documents they intend to use s0 it is impossible for the Defendant to object t0
its authentication.
7.
NOTICE OF INTENT/AUTHENTICATION
In the event the Court finds that Plaintiff’s broad “notice 0f intent” IS sufficient,
Defendant hereby similarly gives notice of intent t0 utilize any and all items produced by
Plaintiff in discovery in this matter, and the self—authentication under Texas Rules of Civil
Procedure, Rule 193.7.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take nothing
by this suit against Defendant, that Defendant be discharged, and that the Court grant such other
and further relief, both general and special, at law and in equity to which Defendant may be
justly entitled.
Lara vs. Pinidi PAGE 3
DEFENDANT DAYAKAR PINDI'S ORIGINAL ANSWER
Our File Number: 052677 1 613.1
Respectfully submitted,
SUSAN L. FLORENCE & ASSOCIATES
flflx d
MJW‘
SCOTT A. WHITCOMB
TBN: 24053546
1201 Elm Street, Suite 5050
Dallas, TX 75270
DallasLegal@allstate.com
(214) 659-4325
(877) 678-4763 (fax)
ATTORNEY FOR DEFENDANT
DAYAKAR PINDI
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy 0f the foregoing has been served in
compliance With Rules 21 and 21a 0f the Texas Rules 0f Civil Procedure 0n the 10th day of
October, 20 1 9, to:
Sabrina L. Galvan
Hernandez & Browning
16850 Dallas Parkway
Dallas, Texas 75248
(972) 234-7802 Telephone
(972) 982-7349 Telecopy
sabrina@juanlaw.com Email
Attorney for Plaintiff
flflx d
MJW‘
SCOTT A. WHITCOMB
Lara vs. Pinidi PAGE 4
IHEENDANTDAYAKARPDHWSORKHNALANSWER
OurFflePhnnbm20526771613J
Document Filed Date
October 10, 2019
Case Filing Date
August 30, 2019
Category
MOTOR VEHICLE ACCIDENT
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FILED DALLAS COUNTY 10/10/2019 1:17 PM FELICIA PITRE DISTRICT CLERK Ter” “'90"? CAUSE N0. DC—19—13584 ALFONSO LARA, IN THE DISTRICT COURT Plaintiff, VS. 160TH JUDICIAL DISTRICT DAYAKAR PINDI, Defendant. DALLAS COUNTY, TEXAS DEFENDANT, DAYAKAR PINDI'S, ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES DAYAKAR PINDI, Defendant in the above-styled and numbered cause, and files Defendant's Original Answer, and in support hereof would respectfully show unto the Court the following: 1. GENERAL DENIAL Defendant denies each and every, all and singular the material allegations made and contained in the Original Petition and any petition which Plaintiff may hereinafter file by way 0f amendment or supplement, and, in accordance With Texas law, demands that Plaintiff prove by a preponderance of the credible evidence each and every such allegation made and contained therein. 2. AMOUNT OF RECOVERY In addition t0 any other limitation under law, recovery of medical 0r health care expenses incurred is limited t0 the amount actually paid 0r incurred by 0r 0n behalf 0f the claimant. Lara vs. Pinidi PAGE 1 DEFENDANT DAYAKAR PINDI'S ORIGINAL ANSWER Our File Number: 052677 1 613.1 3. JURY REQUEST Defendant respectfully requests a jury trial. 4. DESIGNATED E-SERVICE EMAIL ADDRESS The following is the undersigned attorney’s designation of electronic service email address for all electronically served documents and notices, filed and unfiled, pursuant to TeX.R.CiV.P. 21(f)(2) & 21(a). (DallasLegal@allstate.com). This is the undersigned’s ONLY electronic service email address, and service through any other email address will be considered invalid. 5. CONTRIBUTORY NEGLIGENCE OF PLAINTIFF Further answering, if the same be necessary, Without waiver of the foregoing, Defendant would show that at the same time and on the occasion in question, Plaintiff was guilty of one or more negligent acts and/or omissions Which were the sole proximate cause 0r proximately contributed to cause, the incident in question and any and all resulting injuries and damages. 6. DEFENDANT’S OBJECTION TO PLAINTIFF’S NOTICE OF INTENT TO USE DISCOVERY AGAINST DEFENDANT PURSUANT TO TEX.R.CIV.P. 193.7 Plaintiff’s Original Petition contains a Notice 0f Intent. The Notice simply indicates that Plaintiff intends t0 utilize items produced in discovery in the trial 0f this matter and claims the authenticity of such items is self—proven per the Texas Rules of Civil Procedure, 193.7. However, the “Notice” fails t0 specify with any particularity what documents Plaintiff intends t0 utilize. Lara vs. Pinidi PAGE 2 DEFENDANT DAYAKAR PINDI'S ORIGINAL ANSWER Our File Number: 052677 1 613.1 Rule 193.7 automatically authenticates documents where the Defendant has been given “actual notice that the document will be used” and permits the Defendant t0 obj ect if an obj ection t0 the specific document is warranted. In the present case, Plaintiff has not specified what document or documents they intend to use s0 it is impossible for the Defendant to object t0 its authentication. 7. NOTICE OF INTENT/AUTHENTICATION In the event the Court finds that Plaintiff’s broad “notice 0f intent” IS sufficient, Defendant hereby similarly gives notice of intent t0 utilize any and all items produced by Plaintiff in discovery in this matter, and the self—authentication under Texas Rules of Civil Procedure, Rule 193.7. WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take nothing by this suit against Defendant, that Defendant be discharged, and that the Court grant such other and further relief, both general and special, at law and in equity to which Defendant may be justly entitled. Lara vs. Pinidi PAGE 3 DEFENDANT DAYAKAR PINDI'S ORIGINAL ANSWER Our File Number: 052677 1 613.1 Respectfully submitted, SUSAN L. FLORENCE & ASSOCIATES flflx d MJW‘ SCOTT A. WHITCOMB TBN: 24053546 1201 Elm Street, Suite 5050 Dallas, TX 75270 DallasLegal@allstate.com (214) 659-4325 (877) 678-4763 (fax) ATTORNEY FOR DEFENDANT DAYAKAR PINDI CERTIFICATE OF SERVICE I hereby certify that a true and correct copy 0f the foregoing has been served in compliance With Rules 21 and 21a 0f the Texas Rules 0f Civil Procedure 0n the 10th day of October, 20 1 9, to: Sabrina L. Galvan Hernandez & Browning 16850 Dallas Parkway Dallas, Texas 75248 (972) 234-7802 Telephone (972) 982-7349 Telecopy sabrina@juanlaw.com Email Attorney for Plaintiff flflx d MJW‘ SCOTT A. WHITCOMB Lara vs. Pinidi PAGE 4 IHEENDANTDAYAKARPDHWSORKHNALANSWER OurFflePhnnbm20526771613J