Preview
Electronically Filed
6/18/2021 12:38 PM
Hidalgo County District Clerks
Reviewed By: Noemi Lamas
C A U S E N O . C-1921-21-J
JUANA MONREAL, § IN THE DISTRICT COURT
Plaintiff, §
§
v. § 430TH JUDICIAL DISTRICT
§
MCALLEN HOSPITALS, L.P., d/b/a §
“MCALLEN MEDICAL CENTER,” §
MCALLEN MEDICAL CENTER, INC., §
SOLARA HOSPITAL MCALLEN, L.P, §
AND SOLARA MCALLEN GP, LLC., §
Defendants. § HIDALGO COUNTY, TEXAS
ORIGINAL ANSWER OF
DEFENDANTS, SOLARA HOSPITAL MCALLEN, L.P., AND
SOLARA MCALLEN GP, LLC
TO THE HONORABLE JUDGE OF SAID COURT:
Defendants, Solara Hospital McAllen, L.P. (“Solara”) and Solara McAllen GP, LLC
(“Solara GP”), file this their Original Answer, and respectfully would show the Court the
following:
I. GENERAL DENIAL
1. Subject to such stipulations as may be made hereafter, Defendants assert a general
denial to the claims and allegations of the Plaintiff as is authorized by Rule 92 of the Texas Rules
of Civil Procedure and asks that the Plaintiff be required to prove her allegations and claims by a
preponderance of the evidence as is required by the laws and Constitution of the State of Texas.
II. VERIFIED DENIALS: DEFECT OF THE PARTIES
2. Defendant, Solara McAllen GP denies that it is a proper party and denies that it
operated Solara Hospital McAllen. Defendant, Solara Hospital McAllen, L.P., denies that it is a
proper party, because Solara sold the hospital and its assets to another entity prior to the alleged
accident in question. See McDonough Decl. Ex. A, at 1.
Electronically Filed
6/18/2021 12:38 PM
Hidalgo County District Clerks
Reviewed By: Noemi Lamas
3. For further answer, Defendants, Solara and Solara GP, deny that they are proper
parties to this litigation, because Defendants were not the owner of the hospital or responsible for
maintenance of the facility. Defendants are incorrect parties, but have been misidentified as
appropriate parties. Therefore, there exists a defect of parties, and these Defendants should be
dismissed. See McDonough Decl. Ex. A, at 1.
III. ADDITIONAL AFFIRMATIVE DEFENSES
4. For further answer, upon information and belief, Defendants are not liable to
Plaintiff because her injuries were directly and proximately caused by the acts and omissions of
individuals and/or persons for whom Defendants are not responsible, and such acts were the sole
proximate cause, producing cause and new and independent intervening cause of the alleged
injuries to Plaintiff, if any, which are not admitted but are denied.
5. For further answer, upon information and belief, Defendants are not liable to
Plaintiff to the extent that any acts and omissions of Defendants alleged by Plaintiff were not the
cause-in-fact of the alleged injuries and damages to Plaintiff.
6. For further answer, upon information and belief, Defendants are not liable to
Plaintiff to the extent that Plaintiff’s own acts or omissions caused or contributed to her injuries
and damages.
7. For further answer, upon information and belief, Defendants are not liable to
Plaintiff to the extent that the occurrence made the basis of this lawsuit was an unavoidable
accident as that term is defined by law, or was caused directly and exclusively by nature, without
human intervention or cause, and could not have been prevented by reasonable foresight or care.
DEFENDANTS SOLARA AND SOLARA GP’S ORIGINAL ANSWER Page 2 of 5
Electronically Filed
6/18/2021 12:38 PM
Hidalgo County District Clerks
Reviewed By: Noemi Lamas
8. For further answer, upon information and belief, Defendants would show that, in
the alternative, any injuries, damages, or liability complained of by Plaintiff are the result of a
subsequent and/or intervening accident/incident.
9. For further answer, upon information and belief, Defendants would show that the
alleged injuries asserted by Plaintiff are not causally related to any alleged acts or omissions as
claimed in Plaintiff’s petition.
10. For further answer, upon information and belief, Defendants deny that they or
anyone for whom they may be responsible was guilty of any negligence or other legal fault
constituting a proximate, producing, or legal cause of any act or omission complained of by
Plaintiff.
11. For further answer, upon information and belief, Defendants assert that the acts and
omissions alleged by Plaintiff and any injuries to Plaintiff are the result, in whole or in part, of the
acts or omissions, fault, negligence, intentional conduct, and/or breach of other duties by other
persons or entities or third parties.
12. For further answer, upon information and belief, Defendants assert that any acts or
omissions, fault, negligence, recklessness, and/or breach of other duties of persons or entities for
whom Defendants are not responsible, and over whom Defendant had no right to control or
exercised control, were the sole, proximate, producing, intervening, superseding, and/or new and
independent cause, in whole or in part, of the acts or omissions asserted by Plaintiff and any
resulting injuries or damages.
13. For further answer, Defendants assert that they are not liable to Plaintiff to the
extent that Plaintiff did not mitigate her damages.
DEFENDANTS SOLARA AND SOLARA GP’S ORIGINAL ANSWER Page 3 of 5
Electronically Filed
6/18/2021 12:38 PM
Hidalgo County District Clerks
Reviewed By: Noemi Lamas
14. For further answer, Defendants assert that they are not liable to Plaintiff for special
damages to the extent that these damages are not specifically pleaded.
15. For further answer, Defendants’ liability for Plaintiff’s medical or health care
expenses is limited to the amount actually paid or incurred by or on behalf of Plaintiff in
accordance with Section 41.0105 of the Texas Civil Practice and Remedies Code.
16. For further answer, Defendants also assert their rights to contribution, credit, and/or
indemnity as provided by contract and/or applicable law.
17. For further answer, Defendants invoke the provisions of Chapter 33 of the Texas
Civil Practice and Remedies Code, regarding proportionate responsibility, to the extent applicable.
18. For further answer, Defendants specifically deny that they are liable for pre-
judgment interest.
IV. JURY DEMAND
19. Defendants demand a jury trial and tenders the appropriate fee with this answer.
V. REQUIRED INITIAL DISCLOSURES
20. Defendants request that Plaintiff take notice of the requirements of Rule 194 of the
Texas Rules of Civil Procedure.
VI. PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendants, Solara Hospital McAllen, L.P. and
Solara McAllen GP, LLC, respectfully pray that upon final hearing, judgment be entered that
Plaintiff take nothing by reason of this suit, that Defendants be discharged with prejudice, that all
costs be taxed against Plaintiff, and for such other and further relief to which Defendants may be
justly entitled.
DEFENDANTS SOLARA AND SOLARA GP’S ORIGINAL ANSWER Page 4 of 5
Electronically Filed
6/18/2021 12:38 PM
Hidalgo County District Clerks
Reviewed By: Noemi Lamas
Respectfully submitted,
THE PRESTON LAW FIRM, L.L.C.
PAUL G. PRESTON
ATTORNEY-IN-CHARGE
TX Bar No. 00786813
141 Robert E. Lee Boulevard, #118
New Orleans, Louisiana 70124
Telephone: 504-282-2530
Facsimile: 504-282-2531
E-mail: ppreston@prestonlawfirm.com
ATTORNEY FOR DEFENDANTS,
SOLARA HOSPITAL MCALLEN, L.P. AND
SOLARA MCALLEN GP, LLC
OF COUNSEL:
ALICIA K. DOWDY
TXBN: 06072900
8413 Castleton Way
Tyler, Texas 75703
Telephone: (832) 723-7681
E-mail: dowdy.alicia@yahoo.com
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on this 18TH day of June 2021, the foregoing
document has been served in compliance with Rule 21a of the Texas Rules of Civil Procedure by
United States mail, certified mail, return receipt requested, telephonic communications, hand
delivery, or through the Court’s ECF system to the following counsel of record:
Mr. Rafael de la Garza Mr. Steven M. Gonzalez
DE LA GARZA LAW FIRM Mr. Edward J. Castillo
4919 S. Jackson Rd. Mr. Ezequiel “Zeke” Moya, Jr.
Edinburg, Texas 78539 GONZALEZ CASTILLO MOYA, LLP
rdlglaw@gmail.com 1317 E. Quebec Ave.
Counsel for Plaintiff McAllen, Texas 78503
law@valleyfirm.com
Counsel for McAllen Medical Center and
McAllen Hospitals, LP
/s/ Alicia K. Dowdy
Alicia K. Dowdy
DEFENDANTS SOLARA AND SOLARA GP’S ORIGINAL ANSWER Page 5 of 5
Electronically Filed
6/18/2021 12:38 PM
Hidalgo County District Clerks
Reviewed By: Noemi Lamas
CAUSE NO. C-1921-21-J
JUANA MONREAL, § IN THE DISTRICT COURT
Plaintiff, §
§
V. 430TH
§ JUDICIAL DISTRICT
§
MCALLEN HOSPITALS, L.P., d/b/a §
"MCALLEN MEDICAL CENTER," §
MCALLEN MEDICAL CENTER, INC., §
SOLARA HOSPITAL MCALLEN, L.P, §
AND SOLARA MCALLEN UP, LLC., §
Defendants. § HIDALGO COUNTY, TEXAS
DECLARATION OF DAVID MCDONOUGH
"My name is David J. McDonough, and I act as General Counsel for Cornerstone
Healthcare Group Holding, Inc., and am an authorized representative of Solara Hospital McAllen,
L.P., and Solara McAllen GP, LLC. I am over the age of twenty-one and my business address is
2200 Ross Avenue, Suite 5400, Dallas, Texas 75201. I have read the statements and allegations
made in the Verified Denials section of Defendants' answer, and I declare under penalty of perjury
that they are within my personal knowledge and are true and correct."
Executed in Dallas County, State of Texas, on the day of June, 2021.
Davi . cDojugh
On Behalf Of
Solara Hospital McAllen, L.P., and
Solara McAllen GP, LLC
A
Preview
Electronically Filed 6/18/2021 12:38 PM Hidalgo County District Clerks Reviewed By: Noemi Lamas C A U S E N O . C-1921-21-J JUANA MONREAL, § IN THE DISTRICT COURT Plaintiff, § § v. § 430TH JUDICIAL DISTRICT § MCALLEN HOSPITALS, L.P., d/b/a § “MCALLEN MEDICAL CENTER,” § MCALLEN MEDICAL CENTER, INC., § SOLARA HOSPITAL MCALLEN, L.P, § AND SOLARA MCALLEN GP, LLC., § Defendants. § HIDALGO COUNTY, TEXAS ORIGINAL ANSWER OF DEFENDANTS, SOLARA HOSPITAL MCALLEN, L.P., AND SOLARA MCALLEN GP, LLC TO THE HONORABLE JUDGE OF SAID COURT: Defendants, Solara Hospital McAllen, L.P. (“Solara”) and Solara McAllen GP, LLC (“Solara GP”), file this their Original Answer, and respectfully would show the Court the following: I. GENERAL DENIAL 1. Subject to such stipulations as may be made hereafter, Defendants assert a general denial to the claims and allegations of the Plaintiff as is authorized by Rule 92 of the Texas Rules of Civil Procedure and asks that the Plaintiff be required to prove her allegations and claims by a preponderance of the evidence as is required by the laws and Constitution of the State of Texas. II. VERIFIED DENIALS: DEFECT OF THE PARTIES 2. Defendant, Solara McAllen GP denies that it is a proper party and denies that it operated Solara Hospital McAllen. Defendant, Solara Hospital McAllen, L.P., denies that it is a proper party, because Solara sold the hospital and its assets to another entity prior to the alleged accident in question. See McDonough Decl. Ex. A, at 1. Electronically Filed 6/18/2021 12:38 PM Hidalgo County District Clerks Reviewed By: Noemi Lamas 3. For further answer, Defendants, Solara and Solara GP, deny that they are proper parties to this litigation, because Defendants were not the owner of the hospital or responsible for maintenance of the facility. Defendants are incorrect parties, but have been misidentified as appropriate parties. Therefore, there exists a defect of parties, and these Defendants should be dismissed. See McDonough Decl. Ex. A, at 1. III. ADDITIONAL AFFIRMATIVE DEFENSES 4. For further answer, upon information and belief, Defendants are not liable to Plaintiff because her injuries were directly and proximately caused by the acts and omissions of individuals and/or persons for whom Defendants are not responsible, and such acts were the sole proximate cause, producing cause and new and independent intervening cause of the alleged injuries to Plaintiff, if any, which are not admitted but are denied. 5. For further answer, upon information and belief, Defendants are not liable to Plaintiff to the extent that any acts and omissions of Defendants alleged by Plaintiff were not the cause-in-fact of the alleged injuries and damages to Plaintiff. 6. For further answer, upon information and belief, Defendants are not liable to Plaintiff to the extent that Plaintiff’s own acts or omissions caused or contributed to her injuries and damages. 7. For further answer, upon information and belief, Defendants are not liable to Plaintiff to the extent that the occurrence made the basis of this lawsuit was an unavoidable accident as that term is defined by law, or was caused directly and exclusively by nature, without human intervention or cause, and could not have been prevented by reasonable foresight or care. DEFENDANTS SOLARA AND SOLARA GP’S ORIGINAL ANSWER Page 2 of 5 Electronically Filed 6/18/2021 12:38 PM Hidalgo County District Clerks Reviewed By: Noemi Lamas 8. For further answer, upon information and belief, Defendants would show that, in the alternative, any injuries, damages, or liability complained of by Plaintiff are the result of a subsequent and/or intervening accident/incident. 9. For further answer, upon information and belief, Defendants would show that the alleged injuries asserted by Plaintiff are not causally related to any alleged acts or omissions as claimed in Plaintiff’s petition. 10. For further answer, upon information and belief, Defendants deny that they or anyone for whom they may be responsible was guilty of any negligence or other legal fault constituting a proximate, producing, or legal cause of any act or omission complained of by Plaintiff. 11. For further answer, upon information and belief, Defendants assert that the acts and omissions alleged by Plaintiff and any injuries to Plaintiff are the result, in whole or in part, of the acts or omissions, fault, negligence, intentional conduct, and/or breach of other duties by other persons or entities or third parties. 12. For further answer, upon information and belief, Defendants assert that any acts or omissions, fault, negligence, recklessness, and/or breach of other duties of persons or entities for whom Defendants are not responsible, and over whom Defendant had no right to control or exercised control, were the sole, proximate, producing, intervening, superseding, and/or new and independent cause, in whole or in part, of the acts or omissions asserted by Plaintiff and any resulting injuries or damages. 13. For further answer, Defendants assert that they are not liable to Plaintiff to the extent that Plaintiff did not mitigate her damages. DEFENDANTS SOLARA AND SOLARA GP’S ORIGINAL ANSWER Page 3 of 5 Electronically Filed 6/18/2021 12:38 PM Hidalgo County District Clerks Reviewed By: Noemi Lamas 14. For further answer, Defendants assert that they are not liable to Plaintiff for special damages to the extent that these damages are not specifically pleaded. 15. For further answer, Defendants’ liability for Plaintiff’s medical or health care expenses is limited to the amount actually paid or incurred by or on behalf of Plaintiff in accordance with Section 41.0105 of the Texas Civil Practice and Remedies Code. 16. For further answer, Defendants also assert their rights to contribution, credit, and/or indemnity as provided by contract and/or applicable law. 17. For further answer, Defendants invoke the provisions of Chapter 33 of the Texas Civil Practice and Remedies Code, regarding proportionate responsibility, to the extent applicable. 18. For further answer, Defendants specifically deny that they are liable for pre- judgment interest. IV. JURY DEMAND 19. Defendants demand a jury trial and tenders the appropriate fee with this answer. V. REQUIRED INITIAL DISCLOSURES 20. Defendants request that Plaintiff take notice of the requirements of Rule 194 of the Texas Rules of Civil Procedure. VI. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants, Solara Hospital McAllen, L.P. and Solara McAllen GP, LLC, respectfully pray that upon final hearing, judgment be entered that Plaintiff take nothing by reason of this suit, that Defendants be discharged with prejudice, that all costs be taxed against Plaintiff, and for such other and further relief to which Defendants may be justly entitled. DEFENDANTS SOLARA AND SOLARA GP’S ORIGINAL ANSWER Page 4 of 5 Electronically Filed 6/18/2021 12:38 PM Hidalgo County District Clerks Reviewed By: Noemi Lamas Respectfully submitted, THE PRESTON LAW FIRM, L.L.C. PAUL G. PRESTON ATTORNEY-IN-CHARGE TX Bar No. 00786813 141 Robert E. Lee Boulevard, #118 New Orleans, Louisiana 70124 Telephone: 504-282-2530 Facsimile: 504-282-2531 E-mail: ppreston@prestonlawfirm.com ATTORNEY FOR DEFENDANTS, SOLARA HOSPITAL MCALLEN, L.P. AND SOLARA MCALLEN GP, LLC OF COUNSEL: ALICIA K. DOWDY TXBN: 06072900 8413 Castleton Way Tyler, Texas 75703 Telephone: (832) 723-7681 E-mail: dowdy.alicia@yahoo.com CERTIFICATE OF SERVICE The undersigned does hereby certify that on this 18TH day of June 2021, the foregoing document has been served in compliance with Rule 21a of the Texas Rules of Civil Procedure by United States mail, certified mail, return receipt requested, telephonic communications, hand delivery, or through the Court’s ECF system to the following counsel of record: Mr. Rafael de la Garza Mr. Steven M. Gonzalez DE LA GARZA LAW FIRM Mr. Edward J. Castillo 4919 S. Jackson Rd. Mr. Ezequiel “Zeke” Moya, Jr. Edinburg, Texas 78539 GONZALEZ CASTILLO MOYA, LLP rdlglaw@gmail.com 1317 E. Quebec Ave. Counsel for Plaintiff McAllen, Texas 78503 law@valleyfirm.com Counsel for McAllen Medical Center and McAllen Hospitals, LP /s/ Alicia K. Dowdy Alicia K. Dowdy DEFENDANTS SOLARA AND SOLARA GP’S ORIGINAL ANSWER Page 5 of 5 Electronically Filed 6/18/2021 12:38 PM Hidalgo County District Clerks Reviewed By: Noemi Lamas CAUSE NO. C-1921-21-J JUANA MONREAL, § IN THE DISTRICT COURT Plaintiff, § § V. 430TH § JUDICIAL DISTRICT § MCALLEN HOSPITALS, L.P., d/b/a § "MCALLEN MEDICAL CENTER," § MCALLEN MEDICAL CENTER, INC., § SOLARA HOSPITAL MCALLEN, L.P, § AND SOLARA MCALLEN UP, LLC., § Defendants. § HIDALGO COUNTY, TEXAS DECLARATION OF DAVID MCDONOUGH "My name is David J. McDonough, and I act as General Counsel for Cornerstone Healthcare Group Holding, Inc., and am an authorized representative of Solara Hospital McAllen, L.P., and Solara McAllen GP, LLC. I am over the age of twenty-one and my business address is 2200 Ross Avenue, Suite 5400, Dallas, Texas 75201. I have read the statements and allegations made in the Verified Denials section of Defendants' answer, and I declare under penalty of perjury that they are within my personal knowledge and are true and correct." Executed in Dallas County, State of Texas, on the day of June, 2021. Davi . cDojugh On Behalf Of Solara Hospital McAllen, L.P., and Solara McAllen GP, LLC A