On February 28, 2023 a
Amended Answer
was filed
involving a dispute between
Coronel, Guadalupe,
and
Coast Citrus Distributors,
Cruz Fuentes, Danny,
for Injury or Damage - Motor Vehicle (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
1/19/2024 2:42 PM
Hidalgo County District Clerks
Reviewed By: Dana Cavazos
CAUSE NO. C-0853-23-A
GUADALUPE CORONEL : IN THE DISTRICT COURT
:
V. : 92ND JUDICIAL DISTRICT
:
COAST CITRUS DISTRIBUTORS DBA :
COAST CITRUS DISTRIBUTORS, INC. :
AND DANNY CRUZ FUENTES : HIDALGO COUNTY, TEXAS
DEFENDANTS’ AMENDED ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Defendant, COAST CITRUS DISTRIBUTORS, INC. d/b/a
COAST TROPICAL (incorrectly named COAST CITRUS DISTRIBUTORS DBA
COAST CITRUS DISTRIBUTORS, INC.)(“COAST”) and DANNY CRUZ FUENTES
and files this their Amended Answer, and in support thereof would show the
Court as follows:
I.
General Denial
Defendants deny each and every material allegation in Plaintiff’s petition
contained, and say that the same are not true, in whole or in part, and demand
strict proof thereof.
II.
Sole Proximate Cause/Comparative and Contributory Negligence
Defendants affirmatively assert the doctrine of sole proximate cause,
comparative negligence and contributory negligence and says that it was the
negligence of Plaintiff who solely caused, or in the alternative, contributed to the
alleged accident made the basis of this suit and any and all damages, if any,
claimed by the Plaintiff.
DEFENDANTS’ AMENDED ANSWER
[en] FILES\C\1436\PLEADINGS\AANSWER Page 1
Electronically Filed
1/19/2024 2:42 PM
Hidalgo County District Clerks
Reviewed By: Dana Cavazos
III.
Limitation on Recovery of Medical Expenses
Defendants affirmatively assert that recovery of medical or healthcare
expenses incurred is limited to the amount actually paid or incurred by or on
behalf of the Plaintiff. See §41.0105 of the Texas Civil Practice and Remedies
Code.
IV.
Workers’ compensation exclusive remedy
Defendants affirmatively assert that Plaintiff is barred from recovery from
Defendants pursuant §408.001 of the Texas Labor Code which provides that
workers’ compensation benefits is the exclusive remedy of an employee covered
by workers’ compensation insurance coverage for a work-related injury
sustained by the employee. Defendants are entitled to the exclusive remedy
provision under §408.001 and §93.004(b) of the Texas Labor Code because
Defendant COAST is the client of Ready Men Staffing, LLC, a temporary
employment service that carried workers' compensation insurance at the time of
the accident that covered Plaintiff. As a result, Plaintiff is statutorily barred from
bringing suit and recovering against Defendants.
WHEREFORE, PREMISES CONSIDERED, Defendants pray that upon
final hearing hereof that they be discharged without liability and for such other
and further relief, both at law or in equity, to which they may show themselves
justly entitled to receive.
DEFENDANTS’ AMENDED ANSWER
[en] FILES\C\1436\PLEADINGS\AANSWER Page 2
Electronically Filed
1/19/2024 2:42 PM
Hidalgo County District Clerks
Reviewed By: Dana Cavazos
Respectfully submitted,
ADAMS & GRAHAM, L.L.P.
134 E. Van Buren, Suite 301
Harlingen, TX 78550
(956) 428-7495
(956) 428-2954 (fax)
By: /s/ Barry Ray
BARRY RAY
State Bar No. 16606355
Email: bray@adamsgraham.com
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
instrument was forwarded to the following counsel of record on this the 19th day
of January, 2024.
Ruy Mireles Via E-filing
LAW OFFICES OF MARIO DAVILA, PLLC
P. O. Box 3726
McAllen, Texas 78502
Attorney for Plaintiff
/s/ Barry Ray
BARRY RAY
DEFENDANTS’ AMENDED ANSWER
[en] FILES\C\1436\PLEADINGS\AANSWER Page 3
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.
Barry Ray on behalf of Barry Ray
Bar No. 16606355
bray@adamsgraham.com
Envelope ID: 83594350
Filing Code Description: Amended Filing
Filing Description: C-1436-Defendants' Amended Answer
Status as of 1/19/2024 3:03 PM CST
Associated Case Party: Guadalupe Coronel
Name BarNumber Email TimestampSubmitted Status
RUY MIRELES ruymdlaw@gmail.com 1/19/2024 2:42:19 PM SENT
Alma Stutzner almasmdlaw@gmail.com 1/19/2024 2:42:19 PM SENT
Associated Case Party: COAST CITRUS DISTRIBUTORS
Name BarNumber Email TimestampSubmitted Status
Barry Ray bray@adamsgraham.com 1/19/2024 2:42:19 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
MARIO DAVILA MDLAWLITIGATION@GMAIL.COM 1/19/2024 2:42:19 PM SENT
Document Filed Date
January 19, 2024
Case Filing Date
February 28, 2023
Category
Injury or Damage - Motor Vehicle (OCA)
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Preview
Electronically Filed 1/19/2024 2:42 PM Hidalgo County District Clerks Reviewed By: Dana Cavazos CAUSE NO. C-0853-23-A GUADALUPE CORONEL : IN THE DISTRICT COURT : V. : 92ND JUDICIAL DISTRICT : COAST CITRUS DISTRIBUTORS DBA : COAST CITRUS DISTRIBUTORS, INC. : AND DANNY CRUZ FUENTES : HIDALGO COUNTY, TEXAS DEFENDANTS’ AMENDED ANSWER TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Defendant, COAST CITRUS DISTRIBUTORS, INC. d/b/a COAST TROPICAL (incorrectly named COAST CITRUS DISTRIBUTORS DBA COAST CITRUS DISTRIBUTORS, INC.)(“COAST”) and DANNY CRUZ FUENTES and files this their Amended Answer, and in support thereof would show the Court as follows: I. General Denial Defendants deny each and every material allegation in Plaintiff’s petition contained, and say that the same are not true, in whole or in part, and demand strict proof thereof. II. Sole Proximate Cause/Comparative and Contributory Negligence Defendants affirmatively assert the doctrine of sole proximate cause, comparative negligence and contributory negligence and says that it was the negligence of Plaintiff who solely caused, or in the alternative, contributed to the alleged accident made the basis of this suit and any and all damages, if any, claimed by the Plaintiff. DEFENDANTS’ AMENDED ANSWER [en] FILES\C\1436\PLEADINGS\AANSWER Page 1 Electronically Filed 1/19/2024 2:42 PM Hidalgo County District Clerks Reviewed By: Dana Cavazos III. Limitation on Recovery of Medical Expenses Defendants affirmatively assert that recovery of medical or healthcare expenses incurred is limited to the amount actually paid or incurred by or on behalf of the Plaintiff. See §41.0105 of the Texas Civil Practice and Remedies Code. IV. Workers’ compensation exclusive remedy Defendants affirmatively assert that Plaintiff is barred from recovery from Defendants pursuant §408.001 of the Texas Labor Code which provides that workers’ compensation benefits is the exclusive remedy of an employee covered by workers’ compensation insurance coverage for a work-related injury sustained by the employee. Defendants are entitled to the exclusive remedy provision under §408.001 and §93.004(b) of the Texas Labor Code because Defendant COAST is the client of Ready Men Staffing, LLC, a temporary employment service that carried workers' compensation insurance at the time of the accident that covered Plaintiff. As a result, Plaintiff is statutorily barred from bringing suit and recovering against Defendants. WHEREFORE, PREMISES CONSIDERED, Defendants pray that upon final hearing hereof that they be discharged without liability and for such other and further relief, both at law or in equity, to which they may show themselves justly entitled to receive. DEFENDANTS’ AMENDED ANSWER [en] FILES\C\1436\PLEADINGS\AANSWER Page 2 Electronically Filed 1/19/2024 2:42 PM Hidalgo County District Clerks Reviewed By: Dana Cavazos Respectfully submitted, ADAMS & GRAHAM, L.L.P. 134 E. Van Buren, Suite 301 Harlingen, TX 78550 (956) 428-7495 (956) 428-2954 (fax) By: /s/ Barry Ray BARRY RAY State Bar No. 16606355 Email: bray@adamsgraham.com ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument was forwarded to the following counsel of record on this the 19th day of January, 2024. Ruy Mireles Via E-filing LAW OFFICES OF MARIO DAVILA, PLLC P. O. Box 3726 McAllen, Texas 78502 Attorney for Plaintiff /s/ Barry Ray BARRY RAY DEFENDANTS’ AMENDED ANSWER [en] FILES\C\1436\PLEADINGS\AANSWER Page 3 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. Barry Ray on behalf of Barry Ray Bar No. 16606355 bray@adamsgraham.com Envelope ID: 83594350 Filing Code Description: Amended Filing Filing Description: C-1436-Defendants' Amended Answer Status as of 1/19/2024 3:03 PM CST Associated Case Party: Guadalupe Coronel Name BarNumber Email TimestampSubmitted Status RUY MIRELES ruymdlaw@gmail.com 1/19/2024 2:42:19 PM SENT Alma Stutzner almasmdlaw@gmail.com 1/19/2024 2:42:19 PM SENT Associated Case Party: COAST CITRUS DISTRIBUTORS Name BarNumber Email TimestampSubmitted Status Barry Ray bray@adamsgraham.com 1/19/2024 2:42:19 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status MARIO DAVILA MDLAWLITIGATION@GMAIL.COM 1/19/2024 2:42:19 PM SENT