Preview
FILED
4/14/2023 6:21 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Cary Rivas DEPUTY
CAUSE NO. DC-21-09308
MELISSA TARVER, Individually § IN THE DISTRICT COURT
and as Representative of the Estate of §
DERIC TARVER, and as next friend of §
B.T. and K.T., MINORS, RANDY §
TARVER and DEBBIE TARVER §
Plaintiffs § 192ND JUDICIAL DISTRICT
§
VS. §
§
ATMOS ENERGY CORPORATION §
and BOBCAT CONTRACTING, LLC §
Defendants § DALLAS COUNTY, TEXAS
§
Michael Glover §
Plaintiff §
§
VS. §
§
ATMOS ENERGY CORPORATION §
and BOBCAT CONTRACTING, LLC §
Defendants §
§
TAMMY BOEHLER, Individually and as §
Representative of the Estate of Ethan §
Knight, and Clay Boehler §
Plaintiffs §
§
ATMOS ENERGY CORPORATION and §
FESCO, LTD. §
Defendants §
DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO
MELISSA TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE
OF DERIC TARVER, AND AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY
TARVER, AND DEBBIE TARVER’S PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, BOBCAT CONTRACTING, LLC, hereinafter referred to as Defendant,
and files its Second Amended Answer to Plaintiffs’ First Amended Petition and in support thereof
would respectfully represent and show unto the Court the following
DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA
TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND
AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION
Page 1
I.
Defendant denies each and every, all and singular, the material allegations contained in
Plaintiffs’ First Amended Petition, demands strict proof thereof and of this puts itself upon the
country.
II.
Further answering and in the alternative, Defendant specially alleges that the allegations
made the basis of the claims and alleged damages, if any, of Plaintiffs were caused by acts and/or
omissions of persons or third parties over whom this Defendant has no control, and for whom this
Defendant is not in law responsible. Such acts and/or omissions were the sole proximate cause or
a proximate cause or a producing cause of the occurrence in question and the alleged damages, if
any.
III.
Further answering and in the alternative, as all liability is denied, and without waiver of
any other defenses, Defendant specially alleges that the allegations made basis of Plaintiffs’ suit
were caused by an intervening and or supervening cause, over which Defendant had no control,
and for whom this Defendant is not liable for Plaintiffs’ damages.
IV.
Further answering and in the alternative, as all liability is denied, and without waiver of
any other defenses, Defendant specially alleges that this action is subject to the proportionate
responsibility provisions of Chapter 33 of the Texas Civil Practice and Remedies Code, including
without limitation the requirement of Section 33.003 that the trier of fact determine the relative
responsibility of all plaintiffs (whether named in this lawsuit or the related lawsuits), all other
DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA
TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND
AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION
Page 2
defendants (whether named in this lawsuit or the related lawsuits), and each and every responsible
third party that may be designated in the suit.
V.
Further answering and in the alternative, as all liability is denied, and without waiver of
any other defenses, Defendant specially alleges the defense of assumption of risk.
VI.
Further answering and in the alternative, as all liability is denied, and without waiver of
any other defenses, Defendant asserts it is entitled to have Plaintiff’s employer’s insurance
carrier’s subrogation interest, if there is any, limited to the amount of the total benefits paid to
Plaintiff less the amount by which the Court reduces Plaintiff’s judgment based on the percentage
of responsibility allocated to Plaintiffs’ employer. See Tex. Lab. Code § 417.001(b).
VII.
Further answering, and in the alternative, Defendant pleads the limitation of recovery of
exemplary damages as set forth in Section 41.006, et. seq., and Section 41.007, et. seq. of the Texas
Civil Practice and Remedies Code. Defendant alleges that exemplary damages may not exceed an
amount equal to the greater of two times the amount of economic damages plus an amount equal
to any non-economic damages found by the jury not to exceed $750,000.00 or the sum of
$200,000.00 pursuant to Section 41.008 of the Texas Civil Practice & Remedies Code.
VIII.
Further answering, Defendant would show that, pursuant to Section 41.003 of the Texas
Civil Practice and Remedies Code and the laws of the State of Texas, in order for exemplary
damages to be awarded to the Plaintiffs, Plaintiffs must prove by clear and convincing evidence
DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA
TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND
AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION
Page 3
that the harm alleged by the Plaintiffs results from among other things, gross negligence. This
burden may not be shifted to the Defendant or satisfied by evidence of ordinary negligence.
IX.
“Clear and convincing” means the measure or degree of proof that will produce in the mind
of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be
established, pursuant to Section 41.001(2) of the Texas Civil Practice and Remedies Code.
X.
Pursuant to Section 41.003(d) of the Texas Civil Practice and Remedies Code, exemplary
damages may be awarded only if the jury is unanimous in regard to finding liability and the amount
of exemplary damages.
XI.
Pursuant to Section 41.006 of the Texas Civil Practice and Remedies Code, Defendant
further alleges that an award of punitive damages must be specific as to a defendant and that each
defendant is liable only for the amount of the punitive damage awarded against that defendant.
Accordingly, Defendant would show that there is no joint and several liability for punitive damages
in this matter.
XII.
Defendant would allege, pursuant to Section 41.007 of the Texas Civil Practice and
Remedies Code that prejudgment interest may not be assessed or recovered on an award of
exemplary damages.
XIII.
Further answering, Defendant pleads that pursuant to Section 41.001(4) of the Texas Civil
Practice and Remedies Code “economic damages” is defined as “compensatory damages intended
DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA
TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND
AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION
Page 4
to compensate a claimant for actual economic or pecuniary loss; the term does not include
exemplary damages or non-economic damages.”
XIV.
Further answering, Defendant pleads that, pursuant to Section 41.0105 of the Texas Civil
Practice and Remedies Code, medical bills are considered economic damages and shall be limited
to the amount actually paid or incurred by or on behalf of the claimant.
XV.
Defendant would further answer by showing that an employer may be liable for punitive
damages in an action arising out of criminal conduct committed by an employee only if:
1. The principal authorized the doing and the manner of the act;
2. The agent was unfit and the principal acted with malice in employing or retaining him;
3. The agent was employed in a managerial capacity and was acting in the scope of
employment; or
4. The employer or a manager of the employer ratified or approved the act.
XVI.
Further answering, Defendant would show that on motion by any Defendant, the Court
shall provide for a bifurcated trial, pursuant to Section 41.009 of the Texas Civil Practice and
Remedies Code.
XVII.
Further answering, alternatively, and by way of affirmative defense, Defendant would
show that, if necessary, in response to any pleas by Plaintiffs for punitive and exemplary damages,
Defendant asserts that Plaintiffs’ claims for punitive and exemplary damages are barred and/or
limited by the Due Process Clause of both the United States and Texas Constitutions. Defendant
DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA
TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND
AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION
Page 5
further states that an award of punitive or exemplary damages would constitute the imposition of
a criminal penalty without safeguards guaranteed by the Fifth, Sixth, Eighth and Fourteenth
Amendments to the Constitution of the United States and similar provisions of the Texas
Constitution. Furthermore, the imposition of punitive or exemplary damages constitute an
excessive fine under the Eighth Amendment, deny Defendant equal protection of laws under the
Fourteenth Amendment, and violate the due process clauses of the Fourth and Fourteenth
Amendments. Defendant pleads that any claims by Plaintiffs for exemplary or punitive damages
should be stricken as unconstitutional and any award of exemplary or punitive damages should be
set aside for the reasons stated above.
XVIII.
Further answering, and in the alternative, Defendant specially except to the claims for
exemplary damages by Randy Tarver and Debbie Tarver, as such claims for exemplary damages
are barred by the Texas Constitution, Article 16, Section 26, which provides for recovery of
exemplary damages only by certain classes.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that upon final trial and
hearing hereof, that no recovery be had from Defendant, but that Defendant go hence without delay
and recover its cost, and for such other and further relief to which Defendant may be justly entitled
and will ever pray.
Respectfully submitted,
WALTERS BALIDO & CRAIN, L.L.P.
/s/ Sarah Holley Long
BY: ___________________________________
SARAH HOLLEY LONG - 24036798
Meadow Park Tower, Suite 1500
10440 North Central Expressway
Dallas, Texas 75231
DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA
TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND
AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION
Page 6
Telephone: 214-749-4805
Facsimile: 214-760-1670
LongEDocsNotifications@wbclawfirm.com
CERTIFICATE OF SERVICE
This is to certify that on this the 14th day of April, 2023, a true and correct copy of the
above document has been forwarded to all counsel of record.
/s/ Sarah Holley Long
____________________________________
SARAH HOLLEY LONG
DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA
TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND
AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION
Page 7
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.
Torie Watkins on behalf of Torie Watkins
Bar No. 24115929
Torie.Abbott.Watkins@wbclawfirm.com
Envelope ID: 74682341
Filing Code Description: Amended Answer - Amended General Denial
Filing Description: SECOND AMENDED TO TARVERS FIRST AMENDED
PETITION
Status as of 4/16/2023 12:32 PM CST
Associated Case Party: MELISSA TARVER
Name BarNumber Email TimestampSubmitted Status
Benny Agosto, Jr. bagosto@awtxlaw.com 4/14/2023 6:21:48 PM SENT
Shari Welch swelch@awtxlaw.com 4/14/2023 6:21:48 PM SENT
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Mayra Valdes-Zavala mzavala@awtxlaw.com 4/14/2023 6:21:48 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Roger Howerton rhowerton@thorntonfirm.com 4/14/2023 6:21:48 PM SENT
Jennifer DAufricht jaufricht@thompsoncoe.com 4/14/2023 6:21:48 PM SENT
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Steven Joseph Kherkher 11375950 SKherkher-Team@KherkherGarcia.com 4/14/2023 6:21:48 PM SENT
Michael Dale Hudlow 24007403 mhudlow@hdr-law.com 4/14/2023 6:21:48 PM SENT
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BENNY AGOSTOJR bagosto@awtxlaw.com 4/14/2023 6:21:48 PM SENT
Jessica Pulliam jessica.pulliam@bakerbotts.com 4/14/2023 6:21:48 PM SENT
Susan Kennedy susan.kennedy@bakerbotts.com 4/14/2023 6:21:48 PM SENT
Zachary Stone zachary.stone@bakerbotts.com 4/14/2023 6:21:48 PM SENT
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.
Torie Watkins on behalf of Torie Watkins
Bar No. 24115929
Torie.Abbott.Watkins@wbclawfirm.com
Envelope ID: 74682341
Filing Code Description: Amended Answer - Amended General Denial
Filing Description: SECOND AMENDED TO TARVERS FIRST AMENDED
PETITION
Status as of 4/16/2023 12:32 PM CST
Case Contacts
Kristin Sullivan Kristin.Sullivan@bakerbotts.com 4/14/2023 6:21:48 PM SENT
Bruce Parkerson bparkerson@pmpllp.com 4/14/2023 6:21:48 PM SENT
Debora Simonson debora.simonson@bakerbotts.com 4/14/2023 6:21:48 PM SENT
Dana Lisenby dlisenby@thompsoncoe.com 4/14/2023 6:21:48 PM SENT
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Associated Case Party: ATMOS ENERGY CORPORATION
Name BarNumber Email TimestampSubmitted Status
susan kennedy susan.kennedy@bakerbotts.com 4/14/2023 6:21:48 PM SENT
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Brook Vaydik brooke.vaydik@bakerbotts.com 4/14/2023 6:21:48 PM SENT
Jordan Kazlow jordan.kazlow@bakerbotts.com 4/14/2023 6:21:48 PM ERROR
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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.
Torie Watkins on behalf of Torie Watkins
Bar No. 24115929
Torie.Abbott.Watkins@wbclawfirm.com
Envelope ID: 74682341
Filing Code Description: Amended Answer - Amended General Denial
Filing Description: SECOND AMENDED TO TARVERS FIRST AMENDED
PETITION
Status as of 4/16/2023 12:32 PM CST
Associated Case Party: BOBCAT CONTRACTING, LLC
Name BarNumber Email TimestampSubmitted Status
Sarah HolleyLong LongEDocsNotifications@wbclawfirm.com 4/14/2023 6:21:48 PM SENT
Associated Case Party: TAMMY BOEHLER
Name BarNumber Email TimestampSubmitted Status
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Preview
FILED 4/14/2023 6:21 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Cary Rivas DEPUTY CAUSE NO. DC-21-09308 MELISSA TARVER, Individually § IN THE DISTRICT COURT and as Representative of the Estate of § DERIC TARVER, and as next friend of § B.T. and K.T., MINORS, RANDY § TARVER and DEBBIE TARVER § Plaintiffs § 192ND JUDICIAL DISTRICT § VS. § § ATMOS ENERGY CORPORATION § and BOBCAT CONTRACTING, LLC § Defendants § DALLAS COUNTY, TEXAS § Michael Glover § Plaintiff § § VS. § § ATMOS ENERGY CORPORATION § and BOBCAT CONTRACTING, LLC § Defendants § § TAMMY BOEHLER, Individually and as § Representative of the Estate of Ethan § Knight, and Clay Boehler § Plaintiffs § § ATMOS ENERGY CORPORATION and § FESCO, LTD. § Defendants § DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, BOBCAT CONTRACTING, LLC, hereinafter referred to as Defendant, and files its Second Amended Answer to Plaintiffs’ First Amended Petition and in support thereof would respectfully represent and show unto the Court the following DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION Page 1 I. Defendant denies each and every, all and singular, the material allegations contained in Plaintiffs’ First Amended Petition, demands strict proof thereof and of this puts itself upon the country. II. Further answering and in the alternative, Defendant specially alleges that the allegations made the basis of the claims and alleged damages, if any, of Plaintiffs were caused by acts and/or omissions of persons or third parties over whom this Defendant has no control, and for whom this Defendant is not in law responsible. Such acts and/or omissions were the sole proximate cause or a proximate cause or a producing cause of the occurrence in question and the alleged damages, if any. III. Further answering and in the alternative, as all liability is denied, and without waiver of any other defenses, Defendant specially alleges that the allegations made basis of Plaintiffs’ suit were caused by an intervening and or supervening cause, over which Defendant had no control, and for whom this Defendant is not liable for Plaintiffs’ damages. IV. Further answering and in the alternative, as all liability is denied, and without waiver of any other defenses, Defendant specially alleges that this action is subject to the proportionate responsibility provisions of Chapter 33 of the Texas Civil Practice and Remedies Code, including without limitation the requirement of Section 33.003 that the trier of fact determine the relative responsibility of all plaintiffs (whether named in this lawsuit or the related lawsuits), all other DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION Page 2 defendants (whether named in this lawsuit or the related lawsuits), and each and every responsible third party that may be designated in the suit. V. Further answering and in the alternative, as all liability is denied, and without waiver of any other defenses, Defendant specially alleges the defense of assumption of risk. VI. Further answering and in the alternative, as all liability is denied, and without waiver of any other defenses, Defendant asserts it is entitled to have Plaintiff’s employer’s insurance carrier’s subrogation interest, if there is any, limited to the amount of the total benefits paid to Plaintiff less the amount by which the Court reduces Plaintiff’s judgment based on the percentage of responsibility allocated to Plaintiffs’ employer. See Tex. Lab. Code § 417.001(b). VII. Further answering, and in the alternative, Defendant pleads the limitation of recovery of exemplary damages as set forth in Section 41.006, et. seq., and Section 41.007, et. seq. of the Texas Civil Practice and Remedies Code. Defendant alleges that exemplary damages may not exceed an amount equal to the greater of two times the amount of economic damages plus an amount equal to any non-economic damages found by the jury not to exceed $750,000.00 or the sum of $200,000.00 pursuant to Section 41.008 of the Texas Civil Practice & Remedies Code. VIII. Further answering, Defendant would show that, pursuant to Section 41.003 of the Texas Civil Practice and Remedies Code and the laws of the State of Texas, in order for exemplary damages to be awarded to the Plaintiffs, Plaintiffs must prove by clear and convincing evidence DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION Page 3 that the harm alleged by the Plaintiffs results from among other things, gross negligence. This burden may not be shifted to the Defendant or satisfied by evidence of ordinary negligence. IX. “Clear and convincing” means the measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established, pursuant to Section 41.001(2) of the Texas Civil Practice and Remedies Code. X. Pursuant to Section 41.003(d) of the Texas Civil Practice and Remedies Code, exemplary damages may be awarded only if the jury is unanimous in regard to finding liability and the amount of exemplary damages. XI. Pursuant to Section 41.006 of the Texas Civil Practice and Remedies Code, Defendant further alleges that an award of punitive damages must be specific as to a defendant and that each defendant is liable only for the amount of the punitive damage awarded against that defendant. Accordingly, Defendant would show that there is no joint and several liability for punitive damages in this matter. XII. Defendant would allege, pursuant to Section 41.007 of the Texas Civil Practice and Remedies Code that prejudgment interest may not be assessed or recovered on an award of exemplary damages. XIII. Further answering, Defendant pleads that pursuant to Section 41.001(4) of the Texas Civil Practice and Remedies Code “economic damages” is defined as “compensatory damages intended DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION Page 4 to compensate a claimant for actual economic or pecuniary loss; the term does not include exemplary damages or non-economic damages.” XIV. Further answering, Defendant pleads that, pursuant to Section 41.0105 of the Texas Civil Practice and Remedies Code, medical bills are considered economic damages and shall be limited to the amount actually paid or incurred by or on behalf of the claimant. XV. Defendant would further answer by showing that an employer may be liable for punitive damages in an action arising out of criminal conduct committed by an employee only if: 1. The principal authorized the doing and the manner of the act; 2. The agent was unfit and the principal acted with malice in employing or retaining him; 3. The agent was employed in a managerial capacity and was acting in the scope of employment; or 4. The employer or a manager of the employer ratified or approved the act. XVI. Further answering, Defendant would show that on motion by any Defendant, the Court shall provide for a bifurcated trial, pursuant to Section 41.009 of the Texas Civil Practice and Remedies Code. XVII. Further answering, alternatively, and by way of affirmative defense, Defendant would show that, if necessary, in response to any pleas by Plaintiffs for punitive and exemplary damages, Defendant asserts that Plaintiffs’ claims for punitive and exemplary damages are barred and/or limited by the Due Process Clause of both the United States and Texas Constitutions. Defendant DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION Page 5 further states that an award of punitive or exemplary damages would constitute the imposition of a criminal penalty without safeguards guaranteed by the Fifth, Sixth, Eighth and Fourteenth Amendments to the Constitution of the United States and similar provisions of the Texas Constitution. Furthermore, the imposition of punitive or exemplary damages constitute an excessive fine under the Eighth Amendment, deny Defendant equal protection of laws under the Fourteenth Amendment, and violate the due process clauses of the Fourth and Fourteenth Amendments. Defendant pleads that any claims by Plaintiffs for exemplary or punitive damages should be stricken as unconstitutional and any award of exemplary or punitive damages should be set aside for the reasons stated above. XVIII. Further answering, and in the alternative, Defendant specially except to the claims for exemplary damages by Randy Tarver and Debbie Tarver, as such claims for exemplary damages are barred by the Texas Constitution, Article 16, Section 26, which provides for recovery of exemplary damages only by certain classes. WHEREFORE, PREMISES CONSIDERED, Defendant prays that upon final trial and hearing hereof, that no recovery be had from Defendant, but that Defendant go hence without delay and recover its cost, and for such other and further relief to which Defendant may be justly entitled and will ever pray. Respectfully submitted, WALTERS BALIDO & CRAIN, L.L.P. /s/ Sarah Holley Long BY: ___________________________________ SARAH HOLLEY LONG - 24036798 Meadow Park Tower, Suite 1500 10440 North Central Expressway Dallas, Texas 75231 DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION Page 6 Telephone: 214-749-4805 Facsimile: 214-760-1670 LongEDocsNotifications@wbclawfirm.com CERTIFICATE OF SERVICE This is to certify that on this the 14th day of April, 2023, a true and correct copy of the above document has been forwarded to all counsel of record. /s/ Sarah Holley Long ____________________________________ SARAH HOLLEY LONG DEFENDANT BOBCAT CONTRACTING, LLC’S SECOND AMENDED ANSWER TO MELISSA TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND AS NET FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER, AND DEBBIE TARVER’S PETITION Page 7 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. Torie Watkins on behalf of Torie Watkins Bar No. 24115929 Torie.Abbott.Watkins@wbclawfirm.com Envelope ID: 74682341 Filing Code Description: Amended Answer - Amended General Denial Filing Description: SECOND AMENDED TO TARVERS FIRST AMENDED PETITION Status as of 4/16/2023 12:32 PM CST Associated Case Party: MELISSA TARVER Name BarNumber Email TimestampSubmitted Status Benny Agosto, Jr. bagosto@awtxlaw.com 4/14/2023 6:21:48 PM SENT Shari Welch swelch@awtxlaw.com 4/14/2023 6:21:48 PM SENT Ben Agosto III ben.agosto@awtxlaw.com 4/14/2023 6:21:48 PM SENT Mayra Valdes-Zavala mzavala@awtxlaw.com 4/14/2023 6:21:48 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Roger Howerton rhowerton@thorntonfirm.com 4/14/2023 6:21:48 PM SENT Jennifer DAufricht jaufricht@thompsoncoe.com 4/14/2023 6:21:48 PM SENT David W.Jones djones@beckredden.com 4/14/2023 6:21:48 PM SENT Sallie Jenkins sjenkins@thompsoncoe.com 4/14/2023 6:21:48 PM SENT Steven Joseph Kherkher 11375950 SKherkher-Team@KherkherGarcia.com 4/14/2023 6:21:48 PM SENT Michael Dale Hudlow 24007403 mhudlow@hdr-law.com 4/14/2023 6:21:48 PM SENT Robin Clay Hoblit 9743100 hdrccservice@hdr-law.com 4/14/2023 6:21:48 PM SENT Dana Ward dward@thompsoncoe.com 4/14/2023 6:21:48 PM SENT Tim K. Singley tsingley@thorntonfirm.com 4/14/2023 6:21:48 PM SENT Renee Smith Renee.Smith@thompsoncoe.com 4/14/2023 6:21:48 PM SENT BENNY AGOSTOJR bagosto@awtxlaw.com 4/14/2023 6:21:48 PM SENT Jessica Pulliam jessica.pulliam@bakerbotts.com 4/14/2023 6:21:48 PM SENT Susan Kennedy susan.kennedy@bakerbotts.com 4/14/2023 6:21:48 PM SENT Zachary Stone zachary.stone@bakerbotts.com 4/14/2023 6:21:48 PM SENT 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. Torie Watkins on behalf of Torie Watkins Bar No. 24115929 Torie.Abbott.Watkins@wbclawfirm.com Envelope ID: 74682341 Filing Code Description: Amended Answer - Amended General Denial Filing Description: SECOND AMENDED TO TARVERS FIRST AMENDED PETITION Status as of 4/16/2023 12:32 PM CST Case Contacts Kristin Sullivan Kristin.Sullivan@bakerbotts.com 4/14/2023 6:21:48 PM SENT Bruce Parkerson bparkerson@pmpllp.com 4/14/2023 6:21:48 PM SENT Debora Simonson debora.simonson@bakerbotts.com 4/14/2023 6:21:48 PM SENT Dana Lisenby dlisenby@thompsoncoe.com 4/14/2023 6:21:48 PM SENT Christopher Hansen chansen@thompsoncoe.com 4/14/2023 6:21:48 PM SENT Lisa Schmidt LSchmidt@PMPllp.com 4/14/2023 6:21:48 PM SENT Gadi Alvarado-Lopez gadi@thekaramlawoffice.com 4/14/2023 6:21:48 PM SENT Jacob Karam jacob@thekaramlawoffice.com 4/14/2023 6:21:48 PM SENT Edward AFesteryga edward@awtxlaw.com 4/14/2023 6:21:48 PM SENT Briseida Martinez briseida@thekaramlawoffice.com 4/14/2023 6:21:48 PM SENT Lena B.Laurenzo llaurenzo@awtxlaw.com 4/14/2023 6:21:48 PM SENT Ben Agosto III ben.agosto@awtxlaw.com 4/14/2023 6:21:48 PM SENT Florence Monauer FMonauer@Thompsoncoe.com 4/14/2023 6:21:48 PM SENT Associated Case Party: ATMOS ENERGY CORPORATION Name BarNumber Email TimestampSubmitted Status susan kennedy susan.kennedy@bakerbotts.com 4/14/2023 6:21:48 PM SENT Jessica B. Pulliam jessica.pulliam@bakerbotts.com 4/14/2023 6:21:48 PM SENT Zachary Stone Zachary.Stone@bakerbotts.com 4/14/2023 6:21:48 PM SENT Salam Sheikh-Khalil salam.sheikh-khalil@bakerbotts.com 4/14/2023 6:21:48 PM SENT Brook Vaydik brooke.vaydik@bakerbotts.com 4/14/2023 6:21:48 PM SENT Jordan Kazlow jordan.kazlow@bakerbotts.com 4/14/2023 6:21:48 PM ERROR 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. Torie Watkins on behalf of Torie Watkins Bar No. 24115929 Torie.Abbott.Watkins@wbclawfirm.com Envelope ID: 74682341 Filing Code Description: Amended Answer - Amended General Denial Filing Description: SECOND AMENDED TO TARVERS FIRST AMENDED PETITION Status as of 4/16/2023 12:32 PM CST Associated Case Party: BOBCAT CONTRACTING, LLC Name BarNumber Email TimestampSubmitted Status Sarah HolleyLong LongEDocsNotifications@wbclawfirm.com 4/14/2023 6:21:48 PM SENT Associated Case Party: TAMMY BOEHLER Name BarNumber Email TimestampSubmitted Status Carmen S.Mitchell cmitchell@mitchellgoff.com 4/14/2023 6:21:48 PM SENT Heather Teer hteer@mitchellgoff.com 4/14/2023 6:21:48 PM SENT Sara Valladares sarav@mitchellgoff.com 4/14/2023 6:21:48 PM SENT Associated Case Party: MICHAEL GLOVER Name BarNumber Email TimestampSubmitted Status Bobbie Gilbert bgilbert@kv-law.com 4/14/2023 6:21:48 PM SENT Loren Klitsas klitsas@kv-law.com 4/14/2023 6:21:48 PM SENT