On April 04, 2023 a
Answer
was filed
involving a dispute between
Minor, A.M,
Monterrubio, Paulina,
and
Arriaga, Crista Ann,
Arriaga, Juan Merced,
Arriaga, Robert Nieves,
Quezada, Edgar Adan,
Ruperto Arriaga, Juan,
for Injury or Damage - Motor Vehicle (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Submitted
5/3/2023 9:22 AM
Hidalgo County Clerk
Accepted by: Sarah Reyes
CAUSE NO. CL-23-1434-I
PAULINA MONTERUBIO, § IN THE COUNTY COURT
INDIVIDUALLY AND A/N/F OF A.M., §
MINOR §
§
VS. § AT LAW NUMBER 9
§
JUAN RUPERTO ARRIAGA AND §
EDGAR ADAN QUEZADA § HIDALGO COUNTY, TEXAS
DEFENDANT EDGAR ADAN QUEZADA’S ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT
COMES NOW, EDGAR ADAN QUEZADA’S, Defendant in the above-styled and
numbered cause, and files this his Original Answer to Plaintiff’s Original Petition, and would
respectfully show the Court and Jury the following:
I. GENERAL DENIAL
Defendant denies each and every, singular and all, the allegations contained in Plaintiff’s
Petition, and say that the allegations contained therein are not true, either in whole or in part, and
demand strict proof thereof.
II. AFFIRMATIVE DEFENSES
Defendants plead that Plaintiff’s “right” to recover medical damages is limited under Texas
Civil Practice and Remedies Code § 41.0105. The Plaintiff’s recovery of medical or health care
expenses incurred by Plaintiff is limited to the amount actually paid or incurred by or on behalf of
the Plaintiff.
Defendant pleads that Plaintiff’s “right” to recover any loss of earnings is governed by
Texas Civil Practice and Remedies Code § 18.091, requiring the Plaintiff to prove any loss of
Electronically Submitted
5/3/2023 9:22 AM
Hidalgo County Clerk
Accepted by: Sarah Reyes
earnings and/or loss of earning capacity in the form of a net loss after reduction for income tax
payments or unpaid tax liability pursuant to any federal tax law.
III. CONTRIBUTORY NEGLIGENCE
For further answer, if any is necessary, Defendant alleges that Plaintiff’s individual claim
and claim as next friend on behalf of the minor Plaintiff against Defendant are barred, in whole,
or in part, due to Plaintiff’s own negligence, in that Plaintiff’s failure to exercise ordinary care
proximately caused, in whole or in part, the injuries, if any, complained of by Plaintiff individually
and as next friend.
IV. PRIOR PRE-EXISTING OR SUBSEQUENT INJURIES
Some or all of Plaintiff’s alleged injuries and damages are the result of pre-existing and/or
subsequently occurring bodily injuries, ailments, conditions, or stressors unrelated to the incident
that is the basis of this lawsuit.
V. PLAINTIFF’S INJURIES CONTRIBUTED TO PLAINTIFF’S DAMAGES
For further answer, Defendant submits that Plaintiffs have received injuries, before and
after, the occurrence in question and that said injuries contributed to Plaintiffs’ present damages,
and disabilities, if any, and the occurrence involving those injuries were an intervening cause, a
new and independent cause, or the sole proximate cause of Plaintiffs’ injuries, damages, and
disabilities, if any.
VI. FAILURE TO MITIGATE DAMAGES
Defendant would show that Plaintiff failed to act as a person of ordinary prudence would
have done under the same or similar circumstances in caring for and treating the injuries of
Plaintiffs, if any, that resulted from this accident and/or in failing to mitigate the damages, if any,
2
Electronically Submitted
5/3/2023 9:22 AM
Hidalgo County Clerk
Accepted by: Sarah Reyes
of Plaintiffs.
VII. MEDICAL SPECIALS § 41.0105
Alternatively, to the extent that Plaintiffs’ medical bills exceed the amount actually paid or
incurred by Plaintiffs or on Plaintiffs’ behalf, Defendant asserts the statutory defense as set forth in
§41.0105 of Texas Civil Practice & Remedies Code. Thus, recovery of medical or healthcare
expenses is limited to the amount actually paid or incurred by or on behalf of Plaintiffs.
VIII. JURY DEMAND
Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Defendant hereby requests a
jury trial. A jury fee has already been paid.
IX. PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiffs have and
recover nothing by reason of this suit, that Defendant recover his costs of Court and such other
and further relief to which he may be entitled.
Respectfully submitted,
ANDERSON & TRUITT, PLLC
______________________________
AISSA I. GARZA
Texas Bar No: 24074257
P. O. Box 5119
McAllen, Texas 78502
Facsimile: (210) 961-8044
E-File: eservice@andersontruitt.com
Correspondence: agarza@andersontruitt.com
Attorney for Defendant
3
Electronically Submitted
5/3/2023 9:22 AM
Hidalgo County Clerk
Accepted by: Sarah Reyes
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has been
duly sent to all counsel of record in this case by e-mail, e-service, and/or facsimile on this 3rd day of
May, 2023.
_______________________________
AISSA I. GARZA
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.
Lupita Lopez on behalf of Aissa Garza
Bar No. 24074257
llopez@andersontruitt.com
Envelope ID: 75256385
Filing Code Description: Answer/Response
Filing Description: Def Quezada's Original Answer
Status as of 5/3/2023 9:26 AM CST
Associated Case Party: Paulina Monterrubio
Name BarNumber Email TimestampSubmitted Status
Ruben R.Ramirez rramirez@loncarlyonjenkins.com 5/3/2023 9:22:41 AM SENT
Maribel Garcia mgarcia@loncarlyonjenkins.com 5/3/2023 9:22:41 AM SENT
Associated Case Party: EdgarAdanQuezada
Name BarNumber Email TimestampSubmitted Status
Aissa I.Garza eservice@andersontruitt.com 5/3/2023 9:22:41 AM SENT
Aissa I.Garza agarza@andersontruitt.com 5/3/2023 9:22:41 AM SENT
Lupita Lopez llopez@andersontruitt.com 5/3/2023 9:22:41 AM SENT
Preview
Electronically Submitted 5/3/2023 9:22 AM Hidalgo County Clerk Accepted by: Sarah Reyes CAUSE NO. CL-23-1434-I PAULINA MONTERUBIO, § IN THE COUNTY COURT INDIVIDUALLY AND A/N/F OF A.M., § MINOR § § VS. § AT LAW NUMBER 9 § JUAN RUPERTO ARRIAGA AND § EDGAR ADAN QUEZADA § HIDALGO COUNTY, TEXAS DEFENDANT EDGAR ADAN QUEZADA’S ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT COMES NOW, EDGAR ADAN QUEZADA’S, Defendant in the above-styled and numbered cause, and files this his Original Answer to Plaintiff’s Original Petition, and would respectfully show the Court and Jury the following: I. GENERAL DENIAL Defendant denies each and every, singular and all, the allegations contained in Plaintiff’s Petition, and say that the allegations contained therein are not true, either in whole or in part, and demand strict proof thereof. II. AFFIRMATIVE DEFENSES Defendants plead that Plaintiff’s “right” to recover medical damages is limited under Texas Civil Practice and Remedies Code § 41.0105. The Plaintiff’s recovery of medical or health care expenses incurred by Plaintiff is limited to the amount actually paid or incurred by or on behalf of the Plaintiff. Defendant pleads that Plaintiff’s “right” to recover any loss of earnings is governed by Texas Civil Practice and Remedies Code § 18.091, requiring the Plaintiff to prove any loss of Electronically Submitted 5/3/2023 9:22 AM Hidalgo County Clerk Accepted by: Sarah Reyes earnings and/or loss of earning capacity in the form of a net loss after reduction for income tax payments or unpaid tax liability pursuant to any federal tax law. III. CONTRIBUTORY NEGLIGENCE For further answer, if any is necessary, Defendant alleges that Plaintiff’s individual claim and claim as next friend on behalf of the minor Plaintiff against Defendant are barred, in whole, or in part, due to Plaintiff’s own negligence, in that Plaintiff’s failure to exercise ordinary care proximately caused, in whole or in part, the injuries, if any, complained of by Plaintiff individually and as next friend. IV. PRIOR PRE-EXISTING OR SUBSEQUENT INJURIES Some or all of Plaintiff’s alleged injuries and damages are the result of pre-existing and/or subsequently occurring bodily injuries, ailments, conditions, or stressors unrelated to the incident that is the basis of this lawsuit. V. PLAINTIFF’S INJURIES CONTRIBUTED TO PLAINTIFF’S DAMAGES For further answer, Defendant submits that Plaintiffs have received injuries, before and after, the occurrence in question and that said injuries contributed to Plaintiffs’ present damages, and disabilities, if any, and the occurrence involving those injuries were an intervening cause, a new and independent cause, or the sole proximate cause of Plaintiffs’ injuries, damages, and disabilities, if any. VI. FAILURE TO MITIGATE DAMAGES Defendant would show that Plaintiff failed to act as a person of ordinary prudence would have done under the same or similar circumstances in caring for and treating the injuries of Plaintiffs, if any, that resulted from this accident and/or in failing to mitigate the damages, if any, 2 Electronically Submitted 5/3/2023 9:22 AM Hidalgo County Clerk Accepted by: Sarah Reyes of Plaintiffs. VII. MEDICAL SPECIALS § 41.0105 Alternatively, to the extent that Plaintiffs’ medical bills exceed the amount actually paid or incurred by Plaintiffs or on Plaintiffs’ behalf, Defendant asserts the statutory defense as set forth in §41.0105 of Texas Civil Practice & Remedies Code. Thus, recovery of medical or healthcare expenses is limited to the amount actually paid or incurred by or on behalf of Plaintiffs. VIII. JURY DEMAND Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Defendant hereby requests a jury trial. A jury fee has already been paid. IX. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiffs have and recover nothing by reason of this suit, that Defendant recover his costs of Court and such other and further relief to which he may be entitled. Respectfully submitted, ANDERSON & TRUITT, PLLC ______________________________ AISSA I. GARZA Texas Bar No: 24074257 P. O. Box 5119 McAllen, Texas 78502 Facsimile: (210) 961-8044 E-File: eservice@andersontruitt.com Correspondence: agarza@andersontruitt.com Attorney for Defendant 3 Electronically Submitted 5/3/2023 9:22 AM Hidalgo County Clerk Accepted by: Sarah Reyes CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been duly sent to all counsel of record in this case by e-mail, e-service, and/or facsimile on this 3rd day of May, 2023. _______________________________ AISSA I. GARZA 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. Lupita Lopez on behalf of Aissa Garza Bar No. 24074257 llopez@andersontruitt.com Envelope ID: 75256385 Filing Code Description: Answer/Response Filing Description: Def Quezada's Original Answer Status as of 5/3/2023 9:26 AM CST Associated Case Party: Paulina Monterrubio Name BarNumber Email TimestampSubmitted Status Ruben R.Ramirez rramirez@loncarlyonjenkins.com 5/3/2023 9:22:41 AM SENT Maribel Garcia mgarcia@loncarlyonjenkins.com 5/3/2023 9:22:41 AM SENT Associated Case Party: EdgarAdanQuezada Name BarNumber Email TimestampSubmitted Status Aissa I.Garza eservice@andersontruitt.com 5/3/2023 9:22:41 AM SENT Aissa I.Garza agarza@andersontruitt.com 5/3/2023 9:22:41 AM SENT Lupita Lopez llopez@andersontruitt.com 5/3/2023 9:22:41 AM SENT