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FILED
DALLAS COUNTY
9/6/2019 5:17 PM
FELICIA PITRE
DISTRICT CLERK
Terri Kilgore
CAUSE NO.
CAUSE NO. DC-19-10926
DC-l9-10926
VASHONE RHODES §
§ IN
IN THE DISTRICT COURT
§
§
V.
V. §
§ 160T” JUDICIAL DISTRICT
160™
§
§
GOMEZ
JAMES GOMEZ §
§ DALLAS COUNTY, TEXAS
COUNTY, TEXAS
DEFENDANT’S ORIGINAL
DEFENDANT'S ORIGINAL ANSWER ANSWER
TO
TO THE HONORABLE
THE HONORABLE JUDGE 0F SAID
JUDGE OF COURT:
SAID COURT:
NOW, James Gomez,
COMES NOW, Gomez, and file
file this
this Defendant's
Defendant’s Original Answer to Plaintiffs
Original Petition and would respectfully
respectfully show the Court as follows:
follows:
RULE 193.7
RULE 193.7
I.
I.
Pursuant
Pursuant to
to Rule 193.7
193.7 of the
the Texas
TEXAS Rules
RULES of
0F Civil
CIVIL Procedure,
PROCEDURE, Defendant hereby gives
notice to
to the Plaintiff
Plaintiff that
that Defendant intends to
to use all
all documents exchanged and produced
between the parties
parties (including,
(including, but not limited to,
to, correspondence,
correspondence, pleadings,
pleadings, records and
discovery responses)
responses) during the
the trial
trial of this
this matter as
as authenticated.
authenticated.
EXCEPTIONS
SPECIAL EXCEPTIONS
SPECIAL
H.
II.
Defendant specially
specially objects
objects and excepts to
to Paragraph VII.
VII. of Plaintiffs
Plaintiff’s Original Petition
Petition
wherein Plaintiff
Plaintiff alleges:
alleges:
"Medical
“Medical expenses in
in the past
past and future"
future”
Rule 56 of the
the Texas
TEXAS Rules
RULES of
0F Civil
CIVIL Procedure
PROCEDURE requires
requires that
that when an item of special
special
damages is
is claimed,
claimed, it
it shall
shall be specifically
specifically stated.
stated. Therefore,
Therefore, Plaintiff
Plaintiff should be required to
to state
state
the name of each health
health care provider and/or physician
physician who treated
treated her for
for injuries
injuries allegedly
allegedly
suffered as a result
result of the incident
incident made the
the basis
basis of this
this suit,
suit, and the
the amount paid to
to or owed to
to
such health care providers and/or physicians.
physicians. Further,
Further, Plaintiff
Plaintiff should be required to
to state
state the
the
DEFENDANT’S ORIGINAL
DEFENDANT'S ORIGINAL ANSWER ANSWER PAGE Il
PAGE
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 VII. of Plaintiff’s Original Petition
wherein Plaintiff alleges:
“Physical impairment in the past and future”
Rule 56 of the TEXAS RULES 0F 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 impairment Plaintiff is claiming,
including the kind, character, nature and extent 0f such claims. Further, Plaintiff should be required
to state what physical 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.
IV.
Defendant specially objects and excepts to Paragraph VII. of Plaintiff’s Original Petition
wherein Plaintiff alleges:
“Physical pain and suffering in the past and future”
Rule 56 of the TEXAS RULES 0F 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 ofwhat 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
DEFENDANT’S ORIGINAL ANSWER PAGE 2
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 VII. of Plaintiff’s Original Petition
wherein Plaintiff alleges:
“Mental anguish in the past and future”
Rule 56 of the TEXAS RULES 0F 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.
AFFIRMATIVE DEFENSES
VI.
Defendant further specifically invokes § 41.0105 TEX. CIV. PRAC. & REM. CODE, which
provides that recovery of medical or health care expenses incurred are limited t0 the amount
actually paid or incurred by or on behalf of Plaintiff.
VII.
Defendant further alleges that Plaintiff’s claims for pre-judgment and post-judgment
interest are limited by the dates and amounts set forth in TEX. FIN. CODE ANN. § 304 (2015).
VII.
Defendant specifically denies that he has committed any act or omission which would
justify Plaintiff‘s claims for gross negligence or exemplary or punitive damages. Defendant alleges
that Plaintiff‘s claims for exemplary or punitive damages are in violation of Defendant's rights
DEFENDANT’S ORIGINAL ANSWER PAGE 3
under the 5th, 8th and 14th Amendments to the United States Constitution, and Article I, Section
3 and 19 0f the Texas Constitution, in that such claims as made are arbitrary, unreasonable,
excessive, and in violation 0f this Defendant's right to due process 0f law and equal protection of
the law. Further, Plaintiffs claims for exemplary or punitive damages should be proved beyond a
reasonable doubt under the 6th Amendment of the United States Constitution, or in the alternative,
should be proved by clear and convincing evidence, as opposed to a mere preponderance of the
evidence.
IX.
In the unlikely event that Defendant is found liable for exemplary damages, Defendant
affirmatively alleges that any such liability he may have is limited as set forth in Section 41.007,
Texas Civil Practice and Remedies Code.
GENERAL DENIAL
X.
Defendant James Gomez 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.
JURY DEMAND
XI.
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 his 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 4
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:
ADAM B. LECRONE
State Bar No. 00786447
JOHN W. BREEZE
State Bar No. 00796248
MARK A. TEAGUE
State Bar No. 24003039
HILLARY LUCKETT CLARK
State Bar No. 24077714
MICHAEL S. KELLY
State Bar No. 24055767
TREVOR J. BEATY
State Bar No. 24091220
ALEXANDRIA K. CARPENTER
Stale Bar N0. 24101 596
RHONDA D. HOLCOMB
State Bar No. 24099024
BLAISE S. WILCOTT
Stale Bar No. 24086481
ESIchcHuiLECRONELAw.c0M
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
This is to certify that 0n the t Q&ay of September, 2019, the foregoing instrument was
forwarded to the following counsel of record:
Ms. Paige Eldridge
EBERSTEIN & WITHERITE, LLP
10440 N. Central Expressway, Suite 400
Dallas,Texas 75231
ADAM B. LECRONE
DEFENDANT’S ORIGINAL ANSWER PAGE 5
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FILED DALLAS COUNTY 9/6/2019 5:17 PM FELICIA PITRE DISTRICT CLERK Terri Kilgore CAUSE NO. CAUSE NO. DC-19-10926 DC-l9-10926 VASHONE RHODES § § IN IN THE DISTRICT COURT § § V. V. § § 160T” JUDICIAL DISTRICT 160™ § § GOMEZ JAMES GOMEZ § § DALLAS COUNTY, TEXAS COUNTY, TEXAS DEFENDANT’S ORIGINAL DEFENDANT'S ORIGINAL ANSWER ANSWER TO TO THE HONORABLE THE HONORABLE JUDGE 0F SAID JUDGE OF COURT: SAID COURT: NOW, James Gomez, COMES NOW, Gomez, and file file this this Defendant's Defendant’s Original Answer to Plaintiffs Original Petition and would respectfully respectfully show the Court as follows: follows: RULE 193.7 RULE 193.7 I. I. Pursuant Pursuant to to Rule 193.7 193.7 of the the Texas TEXAS Rules RULES of 0F Civil CIVIL Procedure, PROCEDURE, Defendant hereby gives notice to to the Plaintiff Plaintiff that that Defendant intends to to use all all documents exchanged and produced between the parties parties (including, (including, but not limited to, to, correspondence, correspondence, pleadings, pleadings, records and discovery responses) responses) during the the trial trial of this this matter as as authenticated. authenticated. EXCEPTIONS SPECIAL EXCEPTIONS SPECIAL H. II. Defendant specially specially objects objects and excepts to to Paragraph VII. VII. of Plaintiffs Plaintiff’s Original Petition Petition wherein Plaintiff Plaintiff alleges: alleges: "Medical “Medical expenses in in the past past and future" future” Rule 56 of the the Texas TEXAS Rules RULES of 0F Civil CIVIL Procedure PROCEDURE requires requires that that when an item of special special damages is is claimed, claimed, it it shall shall be specifically specifically stated. stated. Therefore, Therefore, Plaintiff Plaintiff should be required to to state state the name of each health health care provider and/or physician physician who treated treated her for for injuries injuries allegedly allegedly suffered as a result result of the incident incident made the the basis basis of this this suit, suit, and the the amount paid to to or owed to to such health care providers and/or physicians. physicians. Further, Further, Plaintiff Plaintiff should be required to to state state the the DEFENDANT’S ORIGINAL DEFENDANT'S ORIGINAL ANSWER ANSWER PAGE Il PAGE 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 VII. of Plaintiff’s Original Petition wherein Plaintiff alleges: “Physical impairment in the past and future” Rule 56 of the TEXAS RULES 0F 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 impairment Plaintiff is claiming, including the kind, character, nature and extent 0f such claims. Further, Plaintiff should be required to state what physical 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. IV. Defendant specially objects and excepts to Paragraph VII. of Plaintiff’s Original Petition wherein Plaintiff alleges: “Physical pain and suffering in the past and future” Rule 56 of the TEXAS RULES 0F 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 ofwhat 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 DEFENDANT’S ORIGINAL ANSWER PAGE 2 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 VII. of Plaintiff’s Original Petition wherein Plaintiff alleges: “Mental anguish in the past and future” Rule 56 of the TEXAS RULES 0F 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. AFFIRMATIVE DEFENSES VI. Defendant further specifically invokes § 41.0105 TEX. CIV. PRAC. & REM. CODE, which provides that recovery of medical or health care expenses incurred are limited t0 the amount actually paid or incurred by or on behalf of Plaintiff. VII. Defendant further alleges that Plaintiff’s claims for pre-judgment and post-judgment interest are limited by the dates and amounts set forth in TEX. FIN. CODE ANN. § 304 (2015). VII. Defendant specifically denies that he has committed any act or omission which would justify Plaintiff‘s claims for gross negligence or exemplary or punitive damages. Defendant alleges that Plaintiff‘s claims for exemplary or punitive damages are in violation of Defendant's rights DEFENDANT’S ORIGINAL ANSWER PAGE 3 under the 5th, 8th and 14th Amendments to the United States Constitution, and Article I, Section 3 and 19 0f the Texas Constitution, in that such claims as made are arbitrary, unreasonable, excessive, and in violation 0f this Defendant's right to due process 0f law and equal protection of the law. Further, Plaintiffs claims for exemplary or punitive damages should be proved beyond a reasonable doubt under the 6th Amendment of the United States Constitution, or in the alternative, should be proved by clear and convincing evidence, as opposed to a mere preponderance of the evidence. IX. In the unlikely event that Defendant is found liable for exemplary damages, Defendant affirmatively alleges that any such liability he may have is limited as set forth in Section 41.007, Texas Civil Practice and Remedies Code. GENERAL DENIAL X. Defendant James Gomez 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. JURY DEMAND XI. 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 his 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 4 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: ADAM B. LECRONE State Bar No. 00786447 JOHN W. BREEZE State Bar No. 00796248 MARK A. TEAGUE State Bar No. 24003039 HILLARY LUCKETT CLARK State Bar No. 24077714 MICHAEL S. KELLY State Bar No. 24055767 TREVOR J. BEATY State Bar No. 24091220 ALEXANDRIA K. CARPENTER Stale Bar N0. 24101 596 RHONDA D. HOLCOMB State Bar No. 24099024 BLAISE S. WILCOTT Stale Bar No. 24086481 ESIchcHuiLECRONELAw.c0M ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE This is to certify that 0n the t Q&ay of September, 2019, the foregoing instrument was forwarded to the following counsel of record: Ms. Paige Eldridge EBERSTEIN & WITHERITE, LLP 10440 N. Central Expressway, Suite 400 Dallas,Texas 75231 ADAM B. LECRONE DEFENDANT’S ORIGINAL ANSWER PAGE 5