Preview
Electronically Submitted
1/29/2024 11:59 AM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
CAUSE NO. CL-23-0792-E
AALIYAH NICOLE GOMEZ § IN THE COUNTY COURT
§
PLAINTIFF, §
§
V. §
§ AT LAW NO. 5
MARIA DE GUADALUPE §
SALAZAR-PONCE, §
§ HIDALGO COUNTY, TEXAS
DEFENDANT. §
DEFENDANT’S MOTION FOR NO-EVIDENCE SUMMARY JUDGMENT ON
PLAINTIFF’S CLAIMS FOR LOST WAGES AND
IMPAIRMENT TO EARNING CAPACITY
COMES NOW, Maria Guadalupe Salazar-Ponce, hereafter referred to as “Defendant” or
“Movant” and filed this No-Evidence Summary Judgment on Plaintiff’s claims for Lost Wages
and Impairment to Earning Capacity, and in support would show as follows:
INTRODUCTION
Plaintiff is Aaliyah Nicole Gomez, Defendant is Maria De Guadalupe Salazar-Ponce. Plaintiff
sued defendant alleging injuries and damages as a result of an automobile accident that occurred
on or about March 21, 2021. Plaintiff filed her Original Petition on February 21, 2023 alleging
negligence and damages against the Defendant. In paragraph VII, Plaintiff seeks damages for,
amongst other things, lost wages and Impairment to Earning Capacity.
STANDARD OF REVIEW
Rule 166a(i) of the TEXAS RULES OF CIVIL PROCEDURE allows a party to move for
summary judgment on the grounds that there is no evidence of one or more essential elements of
a claim or defense on which an adverse party would have the burden of proof at trial after an
adequate time for discovery. Tex. R. Civ. P. 166a(i). The rule further requires that the moving
party state the element(s) as to which there is no evidence, but does not require the moving party
to present summary judgment evidence. Id. Instead, there mere filing of a motion that specifically
MOTION FOR SUMMARY JUDGMENT Page 1
Electronically Submitted
1/29/2024 11:59 AM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
points out the elements as to which there is no evidence is sufficient to shift the burden to the
nonmovant to produce enough evidence to take the case to a jury. Lampas v. Spring Ctr., Inc., 988
S. W. 2d 428, 432 (Tex. App.-Houston [14th Dist.] 1999, no pet.). If the nonmovant is unable to
provide enough, Rule 166a(i) requires that summary judgment be granted. Id. A no-evidence
motion for summary judgment is the equivalent of a pretrial be granted. Id. A no-evidence motion
for summary judgment is the equivalent of a pretrial directed verdict. Aguirre v. South Tex. Blood
& Tissue Ctr., 2 S. W. 3d 454, 456 (Tex. App.-San Antonio 1999, pet. Denied). Plaintiff has had
adequate time for discovery.
Defendant moves for no-evidence summary judgment based on Plaintiff’s lack of evidence to
support her claim for damages for lost wages and Impairment to Earning Capacity. Each of the
above stated claim for damages and/or legal doctrines is a claim for damages on which Plaintiff
bear the burden of proof pursuant to Rule 94 of the Texas Rules of Civil Procedure and the
applicable case law.
To support the facts in this response, defendant offers the following summary judgment
evidence attached to this response and incorporates the evidence into this response by reference:
Exhibit A Plaintiff’s Original Petition
Exhibit B Deposition of Plaintiff Luis Rodriguez dated January 4, 2024
Exhibit C Plaintiffs responses to Written Interrogatories dated May 23, 2023
ARGUMENTS AND AUTHORITIES
Defendant is entitled to summary judgment on a plaintiff’s cause of action if the defendant can
disprove at least one element of the plaintiff’s cause of action as a matter of law. Henkel v.
Norman, 441 S.W.3d 249, 251 (Tex. 2014); Boerjan v. Rodriguez, 436 S.W.3d 307, 310 (Tex.
2014), 436 S.W.3d 307, 310 (Tex. 2014); Nall v. Plunkett, 404 S.W.3d 552, 555 (Tex. 2013);
Randall’s Food Mkts. Inc., v. Johnson, 891 S.W.2d 640, 644 (Tex. 1995); Tex. R. Civ. P. 166a(c).
MOTION FOR SUMMARY JUDGMENT Page 2
Electronically Submitted
1/29/2024 11:59 AM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
Defendant is entitled to summary judgment on plaintiff’s cause of action for lost wages.
Attached hereto and incorporated herein for the sole purpose of this motion is Exhibit B, plaintiff’s
deposition testimony. Plaintiff testified she is seeking compensation for things but lost wages is
not one of them. See Exhibit B, page 9 line 12-Page 9 line 19. Furthermore, Plaintiff was asked
in Interrogatory 15 “Are you claiming lost wages as a result of this incident? If the answer to the
question is “yes” please give the total amount of lost wages being claimed and show by
computation the manner in which you arrive at such figure”/ Her response was “Plaintiff is not
claiming lost wages”. See Exhibit C-Plaintiff’s objections and responses to Written
Interrogatories.
Defendant is entitled to summary judgment on plaintiff’s cause of action for Impairment
to Earning Capacity. Attached hereto and incorporated herein for the sole purpose of this motion
is Exhibit B, plaintiff’s deposition testimony. Plaintiff testified she is not making a claim for
Impairment to Earning Capacity. See Exhibit B, Page 9 line 20-Page 10 line 5.
CONCLUSION
Movant is clearly entitled to Partial Summary Judgment as a matter of law pursuant to Rule
166a(i) of the Texas Rules of Civil Procedure on Plaintiff’s damages of lost wages and Impairment
to Earning Capacity. Defendant would further show that the Court must grant this motion unless
the Defendant produces summary judgment evidence raising a genuine issue of material fact as to
each of the above listed claims for damages.
PRAYER
WHEREFORE, PREMISES CONSIDERD, Defendant prays that this Court grant his No-
Evidence Motion for Summary Judgment dismissing Plaintiff’s claims for lost wages and ,
Impairment to Earning Capacity. together with any relief Defendant is justly entitled in law an
equity.
MOTION FOR SUMMARY JUDGMENT Page 3
Electronically Submitted
1/29/2024 11:59 AM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
Respectfully submitted,
RESNICK & LOUIS, P.C.
/s/ Roberto Cantu, Jr.
Roberto Cantu, Jr.
rcantu@rlattorneys.com
Bar No. 24039518
204 E. Cano, Suite 3.105
Edinburg, Texas 78539
(956) 284-6171
ATTORNEY FOR DEFENDANT
MOTION FOR SUMMARY JUDGMENT Page 4
Electronically Submitted
1/29/2024 11:59 AM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been forwarded
to all counsel of record via electronic filing in accordance with the Texas Rules of Civil Procedure,
on this, the 29th day of January 2024.
/s/ Roberto Cantu, Jr.
Roberto Cantu, Jr.
MOTION FOR SUMMARY JUDGMENT Page 5
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.
Adriana Cantu on behalf of Roberto Cantu
Bar No. 24039518
acantu@rlattorneys.com
Envelope ID: 83885813
Filing Code Description: Motion (No Fee)
Filing Description: DEFENDANTS MOTION FOR NO-EVIDENCE
SUMMARY JUDGMENT ON PLAINTIFFS CLAIMS FOR LOST WAGES
AND IMPAIRMENT TO EARNING CAPACITY
Status as of 1/29/2024 12:26 PM CST
Associated Case Party: AaliyahNicoleGomez
Name BarNumber Email TimestampSubmitted Status
J.R RAMIREZ litigation@lawofficeofjrramirez.law 1/29/2024 11:59:48 AM SENT
Associated Case Party: Maria De Guadalupe Salazar-Ponce
Name BarNumber Email TimestampSubmitted Status
Robert Cantu rcantu@rlattorneys.com 1/29/2024 11:59:48 AM SENT
E-Service Resnick & Louis mail@rlattorneys.com 1/29/2024 11:59:48 AM SENT
Monica Guerra mguerra@rlattorneys.com 1/29/2024 11:59:48 AM SENT
Adriana Cantu acantu@rlattorneys.com 1/29/2024 11:59:48 AM SENT
Preview
Electronically Submitted 1/29/2024 11:59 AM Hidalgo County Clerk Accepted by: Sarah Sanchez CAUSE NO. CL-23-0792-E AALIYAH NICOLE GOMEZ § IN THE COUNTY COURT § PLAINTIFF, § § V. § § AT LAW NO. 5 MARIA DE GUADALUPE § SALAZAR-PONCE, § § HIDALGO COUNTY, TEXAS DEFENDANT. § DEFENDANT’S MOTION FOR NO-EVIDENCE SUMMARY JUDGMENT ON PLAINTIFF’S CLAIMS FOR LOST WAGES AND IMPAIRMENT TO EARNING CAPACITY COMES NOW, Maria Guadalupe Salazar-Ponce, hereafter referred to as “Defendant” or “Movant” and filed this No-Evidence Summary Judgment on Plaintiff’s claims for Lost Wages and Impairment to Earning Capacity, and in support would show as follows: INTRODUCTION Plaintiff is Aaliyah Nicole Gomez, Defendant is Maria De Guadalupe Salazar-Ponce. Plaintiff sued defendant alleging injuries and damages as a result of an automobile accident that occurred on or about March 21, 2021. Plaintiff filed her Original Petition on February 21, 2023 alleging negligence and damages against the Defendant. In paragraph VII, Plaintiff seeks damages for, amongst other things, lost wages and Impairment to Earning Capacity. STANDARD OF REVIEW Rule 166a(i) of the TEXAS RULES OF CIVIL PROCEDURE allows a party to move for summary judgment on the grounds that there is no evidence of one or more essential elements of a claim or defense on which an adverse party would have the burden of proof at trial after an adequate time for discovery. Tex. R. Civ. P. 166a(i). The rule further requires that the moving party state the element(s) as to which there is no evidence, but does not require the moving party to present summary judgment evidence. Id. Instead, there mere filing of a motion that specifically MOTION FOR SUMMARY JUDGMENT Page 1 Electronically Submitted 1/29/2024 11:59 AM Hidalgo County Clerk Accepted by: Sarah Sanchez points out the elements as to which there is no evidence is sufficient to shift the burden to the nonmovant to produce enough evidence to take the case to a jury. Lampas v. Spring Ctr., Inc., 988 S. W. 2d 428, 432 (Tex. App.-Houston [14th Dist.] 1999, no pet.). If the nonmovant is unable to provide enough, Rule 166a(i) requires that summary judgment be granted. Id. A no-evidence motion for summary judgment is the equivalent of a pretrial be granted. Id. A no-evidence motion for summary judgment is the equivalent of a pretrial directed verdict. Aguirre v. South Tex. Blood & Tissue Ctr., 2 S. W. 3d 454, 456 (Tex. App.-San Antonio 1999, pet. Denied). Plaintiff has had adequate time for discovery. Defendant moves for no-evidence summary judgment based on Plaintiff’s lack of evidence to support her claim for damages for lost wages and Impairment to Earning Capacity. Each of the above stated claim for damages and/or legal doctrines is a claim for damages on which Plaintiff bear the burden of proof pursuant to Rule 94 of the Texas Rules of Civil Procedure and the applicable case law. To support the facts in this response, defendant offers the following summary judgment evidence attached to this response and incorporates the evidence into this response by reference: Exhibit A Plaintiff’s Original Petition Exhibit B Deposition of Plaintiff Luis Rodriguez dated January 4, 2024 Exhibit C Plaintiffs responses to Written Interrogatories dated May 23, 2023 ARGUMENTS AND AUTHORITIES Defendant is entitled to summary judgment on a plaintiff’s cause of action if the defendant can disprove at least one element of the plaintiff’s cause of action as a matter of law. Henkel v. Norman, 441 S.W.3d 249, 251 (Tex. 2014); Boerjan v. Rodriguez, 436 S.W.3d 307, 310 (Tex. 2014), 436 S.W.3d 307, 310 (Tex. 2014); Nall v. Plunkett, 404 S.W.3d 552, 555 (Tex. 2013); Randall’s Food Mkts. Inc., v. Johnson, 891 S.W.2d 640, 644 (Tex. 1995); Tex. R. Civ. P. 166a(c). MOTION FOR SUMMARY JUDGMENT Page 2 Electronically Submitted 1/29/2024 11:59 AM Hidalgo County Clerk Accepted by: Sarah Sanchez Defendant is entitled to summary judgment on plaintiff’s cause of action for lost wages. Attached hereto and incorporated herein for the sole purpose of this motion is Exhibit B, plaintiff’s deposition testimony. Plaintiff testified she is seeking compensation for things but lost wages is not one of them. See Exhibit B, page 9 line 12-Page 9 line 19. Furthermore, Plaintiff was asked in Interrogatory 15 “Are you claiming lost wages as a result of this incident? If the answer to the question is “yes” please give the total amount of lost wages being claimed and show by computation the manner in which you arrive at such figure”/ Her response was “Plaintiff is not claiming lost wages”. See Exhibit C-Plaintiff’s objections and responses to Written Interrogatories. Defendant is entitled to summary judgment on plaintiff’s cause of action for Impairment to Earning Capacity. Attached hereto and incorporated herein for the sole purpose of this motion is Exhibit B, plaintiff’s deposition testimony. Plaintiff testified she is not making a claim for Impairment to Earning Capacity. See Exhibit B, Page 9 line 20-Page 10 line 5. CONCLUSION Movant is clearly entitled to Partial Summary Judgment as a matter of law pursuant to Rule 166a(i) of the Texas Rules of Civil Procedure on Plaintiff’s damages of lost wages and Impairment to Earning Capacity. Defendant would further show that the Court must grant this motion unless the Defendant produces summary judgment evidence raising a genuine issue of material fact as to each of the above listed claims for damages. PRAYER WHEREFORE, PREMISES CONSIDERD, Defendant prays that this Court grant his No- Evidence Motion for Summary Judgment dismissing Plaintiff’s claims for lost wages and , Impairment to Earning Capacity. together with any relief Defendant is justly entitled in law an equity. MOTION FOR SUMMARY JUDGMENT Page 3 Electronically Submitted 1/29/2024 11:59 AM Hidalgo County Clerk Accepted by: Sarah Sanchez Respectfully submitted, RESNICK & LOUIS, P.C. /s/ Roberto Cantu, Jr. Roberto Cantu, Jr. rcantu@rlattorneys.com Bar No. 24039518 204 E. Cano, Suite 3.105 Edinburg, Texas 78539 (956) 284-6171 ATTORNEY FOR DEFENDANT MOTION FOR SUMMARY JUDGMENT Page 4 Electronically Submitted 1/29/2024 11:59 AM Hidalgo County Clerk Accepted by: Sarah Sanchez CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been forwarded to all counsel of record via electronic filing in accordance with the Texas Rules of Civil Procedure, on this, the 29th day of January 2024. /s/ Roberto Cantu, Jr. Roberto Cantu, Jr. MOTION FOR SUMMARY JUDGMENT Page 5 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. Adriana Cantu on behalf of Roberto Cantu Bar No. 24039518 acantu@rlattorneys.com Envelope ID: 83885813 Filing Code Description: Motion (No Fee) Filing Description: DEFENDANTS MOTION FOR NO-EVIDENCE SUMMARY JUDGMENT ON PLAINTIFFS CLAIMS FOR LOST WAGES AND IMPAIRMENT TO EARNING CAPACITY Status as of 1/29/2024 12:26 PM CST Associated Case Party: AaliyahNicoleGomez Name BarNumber Email TimestampSubmitted Status J.R RAMIREZ litigation@lawofficeofjrramirez.law 1/29/2024 11:59:48 AM SENT Associated Case Party: Maria De Guadalupe Salazar-Ponce Name BarNumber Email TimestampSubmitted Status Robert Cantu rcantu@rlattorneys.com 1/29/2024 11:59:48 AM SENT E-Service Resnick & Louis mail@rlattorneys.com 1/29/2024 11:59:48 AM SENT Monica Guerra mguerra@rlattorneys.com 1/29/2024 11:59:48 AM SENT Adriana Cantu acantu@rlattorneys.com 1/29/2024 11:59:48 AM SENT