Preview
FILED
7/15/2020 7:48AM
FELICIA PITRE
2 CIT / ESERVE / JURY DEMAND DISTRICT CLERK
DALLAS 00., TEXAS
CO.,
Irasema Sutherland DEPUTY
DC-20-09611
CAUSE No-
NO-
TAHANA BARCUCH, INDIVIDUALLY § IN THE DISTRICT COURT OF
AND AS NEXT FRIEND OF
0F C.S., A §
MINOR; §
§
Plaintiffs, §
§
VS. § DALLAS COUNTY, TEXAS
§
EUGENE MONROE, ll;AND JO ANN §
MONROE; §
§ 193RD
Defendants. § JUDICIAL DISTRICT
PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS TO
DEFENDANTS
Plaintiffs Tahana Barcuch, individually and as next friend of C.S., a minor,
file Plaintiffs' Original Petition complaining of Defendants Eugene Monroe, ||and
Jo Ann Monroe.
|.
l. DISCOVERY CONTROL PLAN
Discovery is intended to be conducted under Level 3 pursuant to Rule 190
of the TEXAS RULES 0F CIVIL PROCEDURE.
ll. RULE 47 PLEADING REQUIREMENTS
As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiffs'
counsel states that the damages sought are in an amount within the
jurisdictional limits of this Court. As required by Rule 47(0),
47(c), Texas Rules of Civil
Procedure, Plaintiffs' counsel states that Plaintiffs seek monetary relief of over
$100,000 but not more than $200,000. The amount of monetary relief actually
awarded, however, will ultimately be determined by a jury. Plaintiffs also seek
pre-judgment and post-judgment interest at the highest legal rate.
PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS T0 DEFENDANTS
— Page 1
Ill. PARTIES
Plaintiff Tahana Barcuch is an individual resident of Waxahachie, Ellis
County, Texas. Her driver’s license number is
*****532 and her social security
***-**—*1
number is 13. Plaintiff Tahana Baruch is the mother of C.S., a minor
child.
Defendant Eugene Monroe, || is an individual resident of Grand Prairie,
Dallas County, Texas and may be served with process at 1919 West Tarrant
Road, Apt. 107, Grand Prairie, Texas 75052.
Defendant Jo Ann Monroe isan individual resident of Grand Prairie,
Dallas County, Texas and may be served with process at 3528 Red Mine Lane,
Grand Prairie, Texas 75052.
IV. JURISDICTION AND VENUE
The Court has jurisdiction over the controversy because the damages are
within the jurisdictional limits of this Honorable Court.
This Court has venue over the parties to this action since the incident
complained of herein occurred in Dallas County, Texas. Venue therefore is
proper in Dallas County, Texas pursuant to the TEXAS CIVIL PRACTICE & REMEDIES
CODE §1 5.002.
V. FACTS
This lawsuit arises out of a motor vehicle collision that occurred on or
about Tuesday, May 7, 2019 at or near the intersection of Carrier Parkway and
Pioneer Parkway within the city limits of Grand Prairie, Dallas County, Texas.
PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS
— Page 2
Plaintiff Tahana Barcuch was operating her vehicle northbound on Carrier
Parkway and was stopped for a traffic light. Defendant Eugene Monroe, II was
operating his vehicle behind Plaintiff’s vehicle in the same lane and headed in the
same direction. Defendant Eugene Monroe, II was under the influence of
medication and/or drugs causing him to be impaired and/or to fall asleep while
operating his vehicle and failed to slow and/or stop, colliding hard with the back
of Plaintiff’s vehicle. As a result of the collision, Plaintiffs were injured and
continue to suffer injuries and damages from this incident.
VI. CAUSES OF ACTION
A. NEGLIGENCE – DEFENDANT EUGENE MONROE, II
At the time of the motor vehicle collision, Defendant Eugene Monroe, II
was operating his vehicle negligently. Specifically, Defendant had a duty to
exercise ordinary care and operate his vehicle reasonably and prudently.
Defendant breached that duty in one or more of the following respects:
1. Defendant failed to have or apply all of his mental faculties because
he was impaired, fatigued or asleep;
2. Defendant failed to keep such proper lookout and attention to the
roadway as a person of ordinary prudence would have kept under
the same or similar circumstances;
3. Defendant failed to control the speed of his vehicle;
4. Defendant failed to keep an assured safe distance from Plaintiffs'
vehicle;
5. Defendant failed to timely apply the brakes of his vehicle in order to
avoid the collision in question; and
6. Defendant failed to turn his vehicle in an effort to avoid the collision.
PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS
– Page 3
B. GROSS NEGLIGENCE – DRIVING WHILE IMPAIRED
In addition to actual damages, Plaintiff seeks to recover exemplary or
punitive damages from Defendant because Defendant’s conduct was of such
character as to constitute gross negligence. Defendant’s actions in connection
with the collision involved an extreme degree of risk considering the probability
and magnitude of the potential harm to Plaintiff and to other users of the public
roadways. Defendant had actual subjective knowledge of the risk involved but
nevertheless acted in conscious indifference to the rights, safety, and welfare of
others, including the Plaintiff, when the Defendant chose to operate a vehicle
while impaired by medication and/or drugs.
C. NEGLIGENT ENTRUSTMENT – DEFENDANT JO ANN MONROE
As an additional cause of action, Plaintiffs would show that at the time and
on the occasion in question, Defendant Jo Ann Monroe was the owner of the
vehicle driven by Defendant Eugene Monroe, II. Defendant Jo Ann Monroe
entrusted the vehicle to Defendant Eugene Monroe, II. Defendant Eugene
Monroe, II was unlicensed, incompetent, and/or reckless and Defendant Jo Ann
Monroe knew or should have known that Defendant Eugene Monroe, II was
unlicensed, incompetent, and/or reckless. Defendant Eugene Monroe, II's
negligence on the occasion in question proximately caused the collision. Each
of the above and foregoing acts and omissions, singularly or in combination,
constituted the negligence that was the proximate cause of the motor vehicle
collision and consequently the injuries and damages of Plaintiffs.
PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS
– Page 4
VII. DAMAGES
As a proximate result of Defendants' negligence, Plaintiffs suffered
extensive injuries and damages. As a result of Plaintiffs' injuries, Plaintiffs
suffered the following damages:
a. Medical expenses in the past and future;
b. Physical impairment in the past and future;
c. Physical pain and suffering in the past and future; and
d. Mental anguish in the past and future.
VIII. REQUEST FOR DISCLOSURE
Pursuant to Rule 194 of the TEXAS RULES OF CIVIL PROCEDURE Defendants
are requested to disclose, within fifty (50) days of service of this request, the
information or material described in Rule 194.2 (a)-(l).
IX. DISCOVERY DOCUMENTS
Contemporaneously with this petition, Plaintiffs serve to Defendants
Plaintiffs' First Set of Interrogatories, First Request for Admissions, First Request
for Production and Request for Privilege Log to Defendants.
X. INTENT TO USE DEFENDANTS' DOCUMENTS
Plaintiffs hereby give notice of intent to utilize items produced in discovery
against the party producing same. The authenticity of such items is self-proven
per TRCP 193.7.
XI. JURY TRIAL
Plaintiffs demand a trial by jury and include the appropriate jury fees.
PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS
– Page 5
XII. U.S. LIFE TABLES
Notice is hereby given to the Defendants that Plaintiffs intend to use the
U.S. Life Tables as prepared by the Department of Health and Human Services.
XIII. RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiffs request that
Defendants be cited to appear and answer herein, and that upon final hearing
thereof, Plaintiffs recover judgment against Defendants for:
1. Plaintiffs' past medical expenses, which are reasonable and
customary for the medical care received by Plaintiffs;
2. Plaintiffs' future medical expenses;
3. Plaintiffs' physical pain and suffering in the past and future in an
amount to be determined by the jury;
4. Plaintiffs' mental anguish in the past and future in an amount to be
determined by the jury;
5. Plaintiffs' physical impairment in the past and future in an amount to
be determined by the jury;
6. Interest on the judgment at the legal rate from the date of judgment;
7. Pre-judgment interest on Plaintiffs' damages as allowed by law;
8. All costs of court; and
9. Such other and further relief to which Plaintiffs may be justly
entitled.
PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS
– Page 6
Respectfully submitted,
WITHERITE LAW GROUP, PLLC
BY: /s/ Forrest Ma Ks
FORREST MAYS
State Bar No. 24072228
forrest.mavs@witheritelaw.com
SHELLY GRECO
State Bar No. 24008168
shellv.qreco@witheritelaw.com
10440 N. Central Expressway
Suite 400
Dallas, TX 75231-2228
214/378-6665
214/378-6670 (fax)
ATTORNEYS FOR PLAINTIFFS
PLAINTIFFS‘ ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS
— Page 7
CAUSE NO.
TAHANA BARUCH, INDIVIDUALLY IN THE DISTRICT COURT OF
AND AS NEXT FRIEND OF C.S, A
MINOR;
Plaintiffs,
VS. WWWWWWWWWWWW
DALLAS COUNTY, TEXAS
EUGENE MONROE, II;AND JO ANN
MONROE;
Defendants. JUDICIAL DISTRICT
PLAINTIFF TAHANA BARCHUCH’S FIRST SET OF INTERROGATORIES,
FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION,
AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EUGENE MONROE, ll
TO: Defendant, Eugene Monroe, ||.
Plaintiffs Propound Plaintiff Tahana Barcuch’s First Set of Interrogatories,
Plaintiffs' First Request for Admissions, Plaintiffs' First Request for Production,
and Plaintiffs' Request for Privilege Log to Defendant Eugene Monroe, ||
pursuant to the Texas Rules of Civil Procedure to be answered by Defendant
within fifty (50) days of the date of service.
PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST
FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE
LOG TO DEFENDANT EUGENE MONROE, ||
— Page 1
Respectfully submitted,
WITHERITE LAW GROUP, PLLC
BY: /s/ Forrest Mays
FORREST MAYS
State Bar No. 24072228
forrest.mavs@witheritelaw.com
SHELLY GRECO
State Bar No. 24008168
shelIv.qreco@witherite|aw.com
10440 N. Central Expressway
Suite 400
Dallas, TX 75231 -2228
214/378-6665
214/378-6670 (fax)
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
|hereby certify that a true and correct copy of this document has been
served to the Defendant Eugene Monroe, ||along with Plaintiffs' Original Petition
and Request for Disclosure.
/s/ Forrest Mays
Forrest Mays
PLAINTIFF TAHANA BARCUCH’S FIRST SET 0F INTERROGATORIES, FIRST REQUEST
FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE
LOG TO DEFENDANT EUGENE MONROE, ||
— Page 2
INTERROGATORIES
Plaintiffs, pursuant to TRCP 197, serve the attached Interrogatories to be
propounded to Defendant. These questions are being served upon you, the
Defendant, Eugene Monroe, || and you are notified that Plaintiffs specify that the
answers shall be served fifty(50) days after service of this request. These
interrogatories shall be answered separately and fully in writing under oath and
signed by the person making them.
INSTRUCTIONS
1. The Interrogatories are to be answered separately and fully inwriting, be
signed under oath, and delivered to the Plaintiffs' counsel within fifty (50)
days after service hereof. The answers shall be preceded by the question
or interrogatory to which the answer pertains.
2. These Interrogatories seek answers current to the date of response.
Pursuant to the Rules, you are under a duty to supplement your answers,
and these Interrogatories shall be deemed continuing in nature to require
such supplementation of all additional information as may hereafter be
obtained by you, or by any person on your behalf, between the time
answers are served and the time of trial.
3. Ifany answer is refused in whole or in part on the basis of a claim of
privilege or exemption, state the following: (a) the nature of the
privilege/exemption claimed; (b) the general nature of the matter withheld
(e.g., substance of conversation of the withheld information, name of
originator); (c) name(s) of person(s) to whom the information has been
imparted; and (d) the extent, ifany, to which the information will be
provided subject to the privilege/exemption.
DEFINITIONS
1. “You,” and “Your," and "Defendant" mean Defendant, Eugene Monroe, II,
as captioned in Plaintiffs' Original Petition, and all other person or entities
acting on your behalf and allemployees who work on your behalf in the
course and scope of your employment and in furtherance of your
business. “You” also includes any agent that acts on your behalf.
PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST
FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE
LOG TO DEFENDANT EUGENE MONROE, ||
— Page 3
2. "Lawsuit" and “case” refer to this lawsuit filed in the District Court of Dallas
County, Texas.
3. "Person" and “witness” means the plural as well as the singular and
includes: natural persons, governmental agencies, municipalities,
departments, units, or any subdivisions, corporations, firms, associations,
partnerships, joint ventures, or any other form of business entity.
4. The terms "and" and "or" as used herein are to be interpreted both
disjunctively and conjunctively.
5. "Document" and "documents" as used herein shall mean the original and
each non-identical copy (whether different from the original because of
marginal notes, or other material inserted therein, or attached thereto or
otherwise) written or graphic matter, however produced or reproduced,
whether sent or received, or neither, including drafts and both sides
thereof, and including, but not limited to, printed, typewritten, emails and
computer printed or written matter, and mechanical, magnetic and
electronic recordings and shall include, without limitation, letters,
telegrams, cablegrams, telex messages, TWX messages,
correspondence, notations, work papers, transcripts, corporate books or
minutes, reports, memoranda studies, summaries, agendas, bulletins,
records of telephone or other conversations, or of interviews, conferences
or other meetings, maps, charts, plans, specifications, diagrams,
photographs, affidavits, statements, statistical diagrams, records, lists,
tabulations, memoranda, notes, diaries, calendars, calendar, pads,
newspaper clippings, appointment books or records, reports, worksheets,
printed business forms, expense account reports or records, contracts,
agreements, accounting records (including loan history), promissory
notes, security agreements, pledge agreements, guaranties, loan
agreements, credit reports, loan applications, financial statements, loan
memoranda, private placement memoranda, bank statements, certificates
of deposit, letters of credit, bids, quotations, proposals, bills, invoices,
statements and other books, records, papers, copies, and drafts and
proposed forms of any of such items or matters, or tapes, disks, sound
records, computer printouts, data processing input and output, microfilm,
microfiche, all other records kept by electronic, photographic, or
mechanical means, and items similar to all of the foregoing which were
prepared by you or for you, or which are in or subject to your possession,
custody, or control. The term "document" shall also include all "writings
and recordings" as defined by Rule 1001 of the Texas Rules of Civil
Evidence. If any tape, disk, card, wire, or other electronic or mechanical
recording or transcript or any computer program is produced, you shall
also produce such documents as are necessary for decoding, playing
back, printing out, and/or interpretation thereof, and any other documents
PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST
FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE
LOG TO DEFENDANT EUGENE MONROE, II – Page 4
which are necessary to convert such information into a useful and usable
format. If you can demonstrate that the original is unavailable, the terms
"document" and "documents" shall also include a copy of the original.
6. "Identify," as used herein with respect to a person, means to provide the
name, address, and telephone number of such person.
7. "Identify," as used herein with respect to a document, means to state with
respect to such document sufficient detail to permit another party to this
lawsuit to locate and identify as readily as can you, such document. Such
information and detail might include for each document: (i) the name of the
person who prepared it, (ii) the name of the person who signed it, or over
whose name it was issued, (iii) the name of each person to whom it was
addressed and/or sent or distributed, (iv) the general type of such
documents (e.g., letter, memorandum, contract, etc.), (v) the date of such
document, or if it bears no date, the date on or about which it was made or
prepared, (vi) the physical location of such document, and (vii) the name
and address of the persons having possession, custody, or control of such
document. In lieu of providing such information and detail, you may attach
such document to your answer to these Interrogatories and indicate for
which Interrogatory each document is applicable.
8. “Plaintiffs” means the Plaintiffs captioned and identified in Plaintiffs'
Original Petition filed in this matter.
9. “Negligence” means failure to use ordinary care; that is, failure to do that
which a person of ordinary prudence would have done under the same or
similar circumstances, or doing that which a person of ordinary prudence
would not have done under the same or similar circumstances.
10. “Ordinary Care” means that degree of care, which would be used by a
person of ordinary prudence under the same or similar circumstance.
11. “Proximate Cause” means a cause that was substantial factor in bringing
about an event, and without which cause such event would not have
occurred. In order to be a proximate cause, the act or omission
complained of must be such that a person using ordinary care would have
foreseen that the event, or some similar event, might reasonably result
therefrom. There may be more than one proximate cause of an event.
12. The “collision,” “collision in question,” or “incident in question” refers to the
vehicle collision on or about Tuesday, May 7, 2019, at or near the
intersection of Carrier Parkway and Pioneer Parkway within the city limits
of Grand Prairie, Dallas County, Texas.
PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST
FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE
LOG TO DEFENDANT EUGENE MONROE, II – Page 5
INTERROGATORIES
INTERROGATORY NO. 1: Describe in your own words how the collision
occurred and state specifically and in detail what the claim or contention of the
Defendant will be regarding any cause or contributing cause of the collision,
including a statement in detail of the facts or information upon which this
contention is based.
ANSWER:
INTERROGATORY NO. 2: Do you contend that the Plaintiffs were in any
way negligent or responsible for the incident in question? Ifso, state in detail the
factual basis for such contention.
ANSWER:
INTERROGATORY NO. 3: State where you had been just prior to the
collision, where you were going at the time of the collision, and the purpose of
the trip.
ANSWER:
INTERROGATORY NO. 4: State the speed of your vehicle at all times
material to the collision in question, including specifically your speed at the time
of impact, and if your brakes were on at the time of impact, please state your
speed before applying your brakes.
ANSWER:
INTERROGATORY NO. 5: State in detail what intoxicating beverages, if
any, you had consumed and what drugs or medications, if any, you had taken
during the 24-hour period immediately preceding the collision.
ANSWER:
INTERROGATORY NO. 6: Identify by name, date of birth, address and
phone number of the owner of the vehicle that you were operating at the time of
the collision and state your relationship with the owner.
ANSWER:
INTERROGATORY NO. 7: Describe in detail what damage, if any, was
done to your vehicle in the collision, and give the cost of repair to your vehicle.
ANSWER:
PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST
FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE
LOG TO DEFENDANT EUGENE MONROE, ||
— Page 6
INTERROGATORY NO. 8: Please provide the name of the service
provider and the phone number for any and all cell phone(s) in the vehicle with
you at the time of the collision in question.
ANSWER:
INTERROGATORY NO. 9: State whether or not you were acting within the
course and scope of any agency, employment, or service at the time of the
collision and for whom you were working and yourjob description.
ANSWER:
INTERROGATORY NO. 10: Describe any information you have indicating
any reason you have to believe that there was any defect or failure on the part of
any vehicle or equipment involved in the collision.
ANSWER:
INTERROGATORY NO. 11: Describe any conversations with any witness t0
the collision in question with whom you have spoken.
ANSWER:
INTERROGATORY NO. 12: Ifyou have had conversations with the
Plaintiffs regarding the subject matter of this lawsuit, whether oral or written,
please provide the following information:
a) the approximate date of the conversation(s);
b) the subject matter of the conversation(s);
c) the person(s) present during the conversation(s); and
d) a brief overview of what was said, by whom, and where.
ANSWER:
INTERROGATORY NO. 13: List all motor vehicle collisions you have been
involved in during the past five (5) years including, the location of the collisions,
whether you were the driver of one of the vehicles involved, the type of vehicle
you were driving and iflitigation resulted from any of the incidents.
ANSWER:
INTERROGATORY NO. 14: Ifyou, or any agent or entity working on your
behalf, has contacted any of Plaintiffs' subrogors, lien holders, medical providers,
PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST
FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE
LOG TO DEFENDANT EUGENE MONROE, ||
— Page 7
or any billing administrator or billcollection service working on behalf of any of
Plaintiffs' medical providers for any reason, state:
a) The name of each subrogor, lien holder, medical provider, billing
administrator and/or bill collection service contacted;
b) The date(s) that each such contact was made;
c) The form of each such contact (i.e. written or telephonically);
d) The name, address, phone number and employer name of the person who
made each such contact;
e) The reason for each such contact;
f) Whether any such contact was recorded, and ifso, the form of the
recording;
g) Whether any such contact was subsequently confirmed in writing;
h) Whether any notes exist 0f any such contact;
i) Whether there is any written authorization by Plaintiffs to make such
contact;
j) Whether any payment was made t0 any subrogor, lien holder, medical
provider, billing administrator or bill collection service; and
k) Whether Plaintiffs or Witherite Law Group PLLC was listed as joint payee
0n any payment made to any subrogor, lien holder, medical provider,
billing administrator or billcollection service.
ANSWER:
INTERROGATORY NO. 15: Other than this current lawsuit, have you ever
been a party to a lawsuit which involved a vehicular collision? If so, please
provide the following information:
a) the complete style and cause number of the collision;
b) the court, county and state where the action was filed;
c) a short synopsis of the factual background of the case;
d) the name, address and telephone number of Plaintiff attorney in the
action; and
ANSWER:
INTERROGATORY NO. 16: Please state your full name, any other names
you have gone by during your lifetime, your date of birth, Social Security number,
present residence address and present employment.
ANSWER:
INTERROGATORY NO. 17: Have you ever been convicted of a felony or a
crime of moral turpitude? Ifso, please provide the following information:
PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST
FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE
LOG TO DEFENDANT EUGENE MONROE, ||
— Page 8
a) the crime upon which you were convicted;
b) the court, county, and cause number concerning the underlying conviction;
c) whether you testified at trial; and
d) the date of the felony conviction.
ANSWER:
INTERROGATORY NO. 18: Describe any traffic citation you received as a
result of this collision by stating the name and location of the Court involved, the
violations of the law charged in that citation, and the date, place and manner (i.e.,
type of plea, bail, forfeit, trial, etc.) of disposition of the citation.
ANSWER:
INTERROGATORY NO. 19: If itis your position that you were not negligent,
please provide each and every fact that supports your answer, identify all
witnesses who you believe will corroborate your position, and identify all
documents that support your position.
ANSWER:
INTERROGATORY NO. 20: If itis your contention that you are not liable to
Plaintiffs for their damages, please explain in your own words each and every
fact that supports your contention. Also provide the names, addresses, and
phone numbers of each and every person who can corroborate your position.
Plaintiffs also request that you identify all documents that support your
contention.
ANSWER:
INTERROGATORY NO. 21: Identify by name, address, phone, and date of
birth or driver’s license number ifapplicable, all persons and entities, including
but not limited to all potential Responsible Third Parties that may be liable to the
Plaintiffs for satisfying a judgment as the result of the incident which makes the
basis of this cause.
ANSWER:
INTERROGATORY NO. 22: If itis your position that a third party over whom
you do not control is liable for some or all of the damages sustained by the
Plaintiffs, please identify the name of the party, their address, phone number,
and please explain in detail each act or omission the third party committed which
caused damage to the Plaintiffs.
ANSWER:
PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST
FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE
LOG TO DEFENDANT EUGENE MONROE, ||
— Page 9
INTERROGATORY NO. 23: If itis your position that you are not the proper
party to this cause, or if itis your position that some other corporation, entity, or
person may be jointly responsible for the damages suffered by Plaintiffs, whether
in whole or in part, please describe in detail each and every basis for this position
and identify all witnesses who you believe will corroborate this theory.
ANSWER:
INTERROGATORY NO. 24: Describe in detail what injuries, ifany, you
received in the collision.
ANSWER:
REQUEST FOR ADMISSIONS
Pursuant to Rule 198 of the TEXAS RULES 0F CIVIL PROCEDURE, Plaintiffs
serve the following Request for Admissions to Defendant Eugene Monroe, ||.
Defendant is requested to respond fully, in writing, and in accordance with Rule 198
of the TEXAS RULES OF CIVIL PROCEDURE. The admissions requested are to be
Preview
FILED 7/15/2020 7:48AM FELICIA PITRE 2 CIT / ESERVE / JURY DEMAND DISTRICT CLERK DALLAS 00., TEXAS CO., Irasema Sutherland DEPUTY DC-20-09611 CAUSE No- NO- TAHANA BARCUCH, INDIVIDUALLY § IN THE DISTRICT COURT OF AND AS NEXT FRIEND OF 0F C.S., A § MINOR; § § Plaintiffs, § § VS. § DALLAS COUNTY, TEXAS § EUGENE MONROE, ll;AND JO ANN § MONROE; § § 193RD Defendants. § JUDICIAL DISTRICT PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS Plaintiffs Tahana Barcuch, individually and as next friend of C.S., a minor, file Plaintiffs' Original Petition complaining of Defendants Eugene Monroe, ||and Jo Ann Monroe. |. l. DISCOVERY CONTROL PLAN Discovery is intended to be conducted under Level 3 pursuant to Rule 190 of the TEXAS RULES 0F CIVIL PROCEDURE. ll. RULE 47 PLEADING REQUIREMENTS As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiffs' counsel states that the damages sought are in an amount within the jurisdictional limits of this Court. As required by Rule 47(0), 47(c), Texas Rules of Civil Procedure, Plaintiffs' counsel states that Plaintiffs seek monetary relief of over $100,000 but not more than $200,000. The amount of monetary relief actually awarded, however, will ultimately be determined by a jury. Plaintiffs also seek pre-judgment and post-judgment interest at the highest legal rate. PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS T0 DEFENDANTS — Page 1 Ill. PARTIES Plaintiff Tahana Barcuch is an individual resident of Waxahachie, Ellis County, Texas. Her driver’s license number is *****532 and her social security ***-**—*1 number is 13. Plaintiff Tahana Baruch is the mother of C.S., a minor child. Defendant Eugene Monroe, || is an individual resident of Grand Prairie, Dallas County, Texas and may be served with process at 1919 West Tarrant Road, Apt. 107, Grand Prairie, Texas 75052. Defendant Jo Ann Monroe isan individual resident of Grand Prairie, Dallas County, Texas and may be served with process at 3528 Red Mine Lane, Grand Prairie, Texas 75052. IV. JURISDICTION AND VENUE The Court has jurisdiction over the controversy because the damages are within the jurisdictional limits of this Honorable Court. This Court has venue over the parties to this action since the incident complained of herein occurred in Dallas County, Texas. Venue therefore is proper in Dallas County, Texas pursuant to the TEXAS CIVIL PRACTICE & REMEDIES CODE §1 5.002. V. FACTS This lawsuit arises out of a motor vehicle collision that occurred on or about Tuesday, May 7, 2019 at or near the intersection of Carrier Parkway and Pioneer Parkway within the city limits of Grand Prairie, Dallas County, Texas. PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS — Page 2 Plaintiff Tahana Barcuch was operating her vehicle northbound on Carrier Parkway and was stopped for a traffic light. Defendant Eugene Monroe, II was operating his vehicle behind Plaintiff’s vehicle in the same lane and headed in the same direction. Defendant Eugene Monroe, II was under the influence of medication and/or drugs causing him to be impaired and/or to fall asleep while operating his vehicle and failed to slow and/or stop, colliding hard with the back of Plaintiff’s vehicle. As a result of the collision, Plaintiffs were injured and continue to suffer injuries and damages from this incident. VI. CAUSES OF ACTION A. NEGLIGENCE – DEFENDANT EUGENE MONROE, II At the time of the motor vehicle collision, Defendant Eugene Monroe, II was operating his vehicle negligently. Specifically, Defendant had a duty to exercise ordinary care and operate his vehicle reasonably and prudently. Defendant breached that duty in one or more of the following respects: 1. Defendant failed to have or apply all of his mental faculties because he was impaired, fatigued or asleep; 2. Defendant failed to keep such proper lookout and attention to the roadway as a person of ordinary prudence would have kept under the same or similar circumstances; 3. Defendant failed to control the speed of his vehicle; 4. Defendant failed to keep an assured safe distance from Plaintiffs' vehicle; 5. Defendant failed to timely apply the brakes of his vehicle in order to avoid the collision in question; and 6. Defendant failed to turn his vehicle in an effort to avoid the collision. PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS – Page 3 B. GROSS NEGLIGENCE – DRIVING WHILE IMPAIRED In addition to actual damages, Plaintiff seeks to recover exemplary or punitive damages from Defendant because Defendant’s conduct was of such character as to constitute gross negligence. Defendant’s actions in connection with the collision involved an extreme degree of risk considering the probability and magnitude of the potential harm to Plaintiff and to other users of the public roadways. Defendant had actual subjective knowledge of the risk involved but nevertheless acted in conscious indifference to the rights, safety, and welfare of others, including the Plaintiff, when the Defendant chose to operate a vehicle while impaired by medication and/or drugs. C. NEGLIGENT ENTRUSTMENT – DEFENDANT JO ANN MONROE As an additional cause of action, Plaintiffs would show that at the time and on the occasion in question, Defendant Jo Ann Monroe was the owner of the vehicle driven by Defendant Eugene Monroe, II. Defendant Jo Ann Monroe entrusted the vehicle to Defendant Eugene Monroe, II. Defendant Eugene Monroe, II was unlicensed, incompetent, and/or reckless and Defendant Jo Ann Monroe knew or should have known that Defendant Eugene Monroe, II was unlicensed, incompetent, and/or reckless. Defendant Eugene Monroe, II's negligence on the occasion in question proximately caused the collision. Each of the above and foregoing acts and omissions, singularly or in combination, constituted the negligence that was the proximate cause of the motor vehicle collision and consequently the injuries and damages of Plaintiffs. PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS – Page 4 VII. DAMAGES As a proximate result of Defendants' negligence, Plaintiffs suffered extensive injuries and damages. As a result of Plaintiffs' injuries, Plaintiffs suffered the following damages: a. Medical expenses in the past and future; b. Physical impairment in the past and future; c. Physical pain and suffering in the past and future; and d. Mental anguish in the past and future. VIII. REQUEST FOR DISCLOSURE Pursuant to Rule 194 of the TEXAS RULES OF CIVIL PROCEDURE Defendants are requested to disclose, within fifty (50) days of service of this request, the information or material described in Rule 194.2 (a)-(l). IX. DISCOVERY DOCUMENTS Contemporaneously with this petition, Plaintiffs serve to Defendants Plaintiffs' First Set of Interrogatories, First Request for Admissions, First Request for Production and Request for Privilege Log to Defendants. X. INTENT TO USE DEFENDANTS' DOCUMENTS Plaintiffs hereby give notice of intent to utilize items produced in discovery against the party producing same. The authenticity of such items is self-proven per TRCP 193.7. XI. JURY TRIAL Plaintiffs demand a trial by jury and include the appropriate jury fees. PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS – Page 5 XII. U.S. LIFE TABLES Notice is hereby given to the Defendants that Plaintiffs intend to use the U.S. Life Tables as prepared by the Department of Health and Human Services. XIII. RELIEF WHEREFORE, PREMISES CONSIDERED, Plaintiffs request that Defendants be cited to appear and answer herein, and that upon final hearing thereof, Plaintiffs recover judgment against Defendants for: 1. Plaintiffs' past medical expenses, which are reasonable and customary for the medical care received by Plaintiffs; 2. Plaintiffs' future medical expenses; 3. Plaintiffs' physical pain and suffering in the past and future in an amount to be determined by the jury; 4. Plaintiffs' mental anguish in the past and future in an amount to be determined by the jury; 5. Plaintiffs' physical impairment in the past and future in an amount to be determined by the jury; 6. Interest on the judgment at the legal rate from the date of judgment; 7. Pre-judgment interest on Plaintiffs' damages as allowed by law; 8. All costs of court; and 9. Such other and further relief to which Plaintiffs may be justly entitled. PLAINTIFFS' ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS – Page 6 Respectfully submitted, WITHERITE LAW GROUP, PLLC BY: /s/ Forrest Ma Ks FORREST MAYS State Bar No. 24072228 forrest.mavs@witheritelaw.com SHELLY GRECO State Bar No. 24008168 shellv.qreco@witheritelaw.com 10440 N. Central Expressway Suite 400 Dallas, TX 75231-2228 214/378-6665 214/378-6670 (fax) ATTORNEYS FOR PLAINTIFFS PLAINTIFFS‘ ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANTS — Page 7 CAUSE NO. TAHANA BARUCH, INDIVIDUALLY IN THE DISTRICT COURT OF AND AS NEXT FRIEND OF C.S, A MINOR; Plaintiffs, VS. WWWWWWWWWWWW DALLAS COUNTY, TEXAS EUGENE MONROE, II;AND JO ANN MONROE; Defendants. JUDICIAL DISTRICT PLAINTIFF TAHANA BARCHUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EUGENE MONROE, ll TO: Defendant, Eugene Monroe, ||. Plaintiffs Propound Plaintiff Tahana Barcuch’s First Set of Interrogatories, Plaintiffs' First Request for Admissions, Plaintiffs' First Request for Production, and Plaintiffs' Request for Privilege Log to Defendant Eugene Monroe, || pursuant to the Texas Rules of Civil Procedure to be answered by Defendant within fifty (50) days of the date of service. PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EUGENE MONROE, || — Page 1 Respectfully submitted, WITHERITE LAW GROUP, PLLC BY: /s/ Forrest Mays FORREST MAYS State Bar No. 24072228 forrest.mavs@witheritelaw.com SHELLY GRECO State Bar No. 24008168 shelIv.qreco@witherite|aw.com 10440 N. Central Expressway Suite 400 Dallas, TX 75231 -2228 214/378-6665 214/378-6670 (fax) ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE |hereby certify that a true and correct copy of this document has been served to the Defendant Eugene Monroe, ||along with Plaintiffs' Original Petition and Request for Disclosure. /s/ Forrest Mays Forrest Mays PLAINTIFF TAHANA BARCUCH’S FIRST SET 0F INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EUGENE MONROE, || — Page 2 INTERROGATORIES Plaintiffs, pursuant to TRCP 197, serve the attached Interrogatories to be propounded to Defendant. These questions are being served upon you, the Defendant, Eugene Monroe, || and you are notified that Plaintiffs specify that the answers shall be served fifty(50) days after service of this request. These interrogatories shall be answered separately and fully in writing under oath and signed by the person making them. INSTRUCTIONS 1. The Interrogatories are to be answered separately and fully inwriting, be signed under oath, and delivered to the Plaintiffs' counsel within fifty (50) days after service hereof. The answers shall be preceded by the question or interrogatory to which the answer pertains. 2. These Interrogatories seek answers current to the date of response. Pursuant to the Rules, you are under a duty to supplement your answers, and these Interrogatories shall be deemed continuing in nature to require such supplementation of all additional information as may hereafter be obtained by you, or by any person on your behalf, between the time answers are served and the time of trial. 3. Ifany answer is refused in whole or in part on the basis of a claim of privilege or exemption, state the following: (a) the nature of the privilege/exemption claimed; (b) the general nature of the matter withheld (e.g., substance of conversation of the withheld information, name of originator); (c) name(s) of person(s) to whom the information has been imparted; and (d) the extent, ifany, to which the information will be provided subject to the privilege/exemption. DEFINITIONS 1. “You,” and “Your," and "Defendant" mean Defendant, Eugene Monroe, II, as captioned in Plaintiffs' Original Petition, and all other person or entities acting on your behalf and allemployees who work on your behalf in the course and scope of your employment and in furtherance of your business. “You” also includes any agent that acts on your behalf. PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EUGENE MONROE, || — Page 3 2. "Lawsuit" and “case” refer to this lawsuit filed in the District Court of Dallas County, Texas. 3. "Person" and “witness” means the plural as well as the singular and includes: natural persons, governmental agencies, municipalities, departments, units, or any subdivisions, corporations, firms, associations, partnerships, joint ventures, or any other form of business entity. 4. The terms "and" and "or" as used herein are to be interpreted both disjunctively and conjunctively. 5. "Document" and "documents" as used herein shall mean the original and each non-identical copy (whether different from the original because of marginal notes, or other material inserted therein, or attached thereto or otherwise) written or graphic matter, however produced or reproduced, whether sent or received, or neither, including drafts and both sides thereof, and including, but not limited to, printed, typewritten, emails and computer printed or written matter, and mechanical, magnetic and electronic recordings and shall include, without limitation, letters, telegrams, cablegrams, telex messages, TWX messages, correspondence, notations, work papers, transcripts, corporate books or minutes, reports, memoranda studies, summaries, agendas, bulletins, records of telephone or other conversations, or of interviews, conferences or other meetings, maps, charts, plans, specifications, diagrams, photographs, affidavits, statements, statistical diagrams, records, lists, tabulations, memoranda, notes, diaries, calendars, calendar, pads, newspaper clippings, appointment books or records, reports, worksheets, printed business forms, expense account reports or records, contracts, agreements, accounting records (including loan history), promissory notes, security agreements, pledge agreements, guaranties, loan agreements, credit reports, loan applications, financial statements, loan memoranda, private placement memoranda, bank statements, certificates of deposit, letters of credit, bids, quotations, proposals, bills, invoices, statements and other books, records, papers, copies, and drafts and proposed forms of any of such items or matters, or tapes, disks, sound records, computer printouts, data processing input and output, microfilm, microfiche, all other records kept by electronic, photographic, or mechanical means, and items similar to all of the foregoing which were prepared by you or for you, or which are in or subject to your possession, custody, or control. The term "document" shall also include all "writings and recordings" as defined by Rule 1001 of the Texas Rules of Civil Evidence. If any tape, disk, card, wire, or other electronic or mechanical recording or transcript or any computer program is produced, you shall also produce such documents as are necessary for decoding, playing back, printing out, and/or interpretation thereof, and any other documents PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EUGENE MONROE, II – Page 4 which are necessary to convert such information into a useful and usable format. If you can demonstrate that the original is unavailable, the terms "document" and "documents" shall also include a copy of the original. 6. "Identify," as used herein with respect to a person, means to provide the name, address, and telephone number of such person. 7. "Identify," as used herein with respect to a document, means to state with respect to such document sufficient detail to permit another party to this lawsuit to locate and identify as readily as can you, such document. Such information and detail might include for each document: (i) the name of the person who prepared it, (ii) the name of the person who signed it, or over whose name it was issued, (iii) the name of each person to whom it was addressed and/or sent or distributed, (iv) the general type of such documents (e.g., letter, memorandum, contract, etc.), (v) the date of such document, or if it bears no date, the date on or about which it was made or prepared, (vi) the physical location of such document, and (vii) the name and address of the persons having possession, custody, or control of such document. In lieu of providing such information and detail, you may attach such document to your answer to these Interrogatories and indicate for which Interrogatory each document is applicable. 8. “Plaintiffs” means the Plaintiffs captioned and identified in Plaintiffs' Original Petition filed in this matter. 9. “Negligence” means failure to use ordinary care; that is, failure to do that which a person of ordinary prudence would have done under the same or similar circumstances, or doing that which a person of ordinary prudence would not have done under the same or similar circumstances. 10. “Ordinary Care” means that degree of care, which would be used by a person of ordinary prudence under the same or similar circumstance. 11. “Proximate Cause” means a cause that was substantial factor in bringing about an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event. 12. The “collision,” “collision in question,” or “incident in question” refers to the vehicle collision on or about Tuesday, May 7, 2019, at or near the intersection of Carrier Parkway and Pioneer Parkway within the city limits of Grand Prairie, Dallas County, Texas. PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EUGENE MONROE, II – Page 5 INTERROGATORIES INTERROGATORY NO. 1: Describe in your own words how the collision occurred and state specifically and in detail what the claim or contention of the Defendant will be regarding any cause or contributing cause of the collision, including a statement in detail of the facts or information upon which this contention is based. ANSWER: INTERROGATORY NO. 2: Do you contend that the Plaintiffs were in any way negligent or responsible for the incident in question? Ifso, state in detail the factual basis for such contention. ANSWER: INTERROGATORY NO. 3: State where you had been just prior to the collision, where you were going at the time of the collision, and the purpose of the trip. ANSWER: INTERROGATORY NO. 4: State the speed of your vehicle at all times material to the collision in question, including specifically your speed at the time of impact, and if your brakes were on at the time of impact, please state your speed before applying your brakes. ANSWER: INTERROGATORY NO. 5: State in detail what intoxicating beverages, if any, you had consumed and what drugs or medications, if any, you had taken during the 24-hour period immediately preceding the collision. ANSWER: INTERROGATORY NO. 6: Identify by name, date of birth, address and phone number of the owner of the vehicle that you were operating at the time of the collision and state your relationship with the owner. ANSWER: INTERROGATORY NO. 7: Describe in detail what damage, if any, was done to your vehicle in the collision, and give the cost of repair to your vehicle. ANSWER: PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EUGENE MONROE, || — Page 6 INTERROGATORY NO. 8: Please provide the name of the service provider and the phone number for any and all cell phone(s) in the vehicle with you at the time of the collision in question. ANSWER: INTERROGATORY NO. 9: State whether or not you were acting within the course and scope of any agency, employment, or service at the time of the collision and for whom you were working and yourjob description. ANSWER: INTERROGATORY NO. 10: Describe any information you have indicating any reason you have to believe that there was any defect or failure on the part of any vehicle or equipment involved in the collision. ANSWER: INTERROGATORY NO. 11: Describe any conversations with any witness t0 the collision in question with whom you have spoken. ANSWER: INTERROGATORY NO. 12: Ifyou have had conversations with the Plaintiffs regarding the subject matter of this lawsuit, whether oral or written, please provide the following information: a) the approximate date of the conversation(s); b) the subject matter of the conversation(s); c) the person(s) present during the conversation(s); and d) a brief overview of what was said, by whom, and where. ANSWER: INTERROGATORY NO. 13: List all motor vehicle collisions you have been involved in during the past five (5) years including, the location of the collisions, whether you were the driver of one of the vehicles involved, the type of vehicle you were driving and iflitigation resulted from any of the incidents. ANSWER: INTERROGATORY NO. 14: Ifyou, or any agent or entity working on your behalf, has contacted any of Plaintiffs' subrogors, lien holders, medical providers, PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EUGENE MONROE, || — Page 7 or any billing administrator or billcollection service working on behalf of any of Plaintiffs' medical providers for any reason, state: a) The name of each subrogor, lien holder, medical provider, billing administrator and/or bill collection service contacted; b) The date(s) that each such contact was made; c) The form of each such contact (i.e. written or telephonically); d) The name, address, phone number and employer name of the person who made each such contact; e) The reason for each such contact; f) Whether any such contact was recorded, and ifso, the form of the recording; g) Whether any such contact was subsequently confirmed in writing; h) Whether any notes exist 0f any such contact; i) Whether there is any written authorization by Plaintiffs to make such contact; j) Whether any payment was made t0 any subrogor, lien holder, medical provider, billing administrator or bill collection service; and k) Whether Plaintiffs or Witherite Law Group PLLC was listed as joint payee 0n any payment made to any subrogor, lien holder, medical provider, billing administrator or billcollection service. ANSWER: INTERROGATORY NO. 15: Other than this current lawsuit, have you ever been a party to a lawsuit which involved a vehicular collision? If so, please provide the following information: a) the complete style and cause number of the collision; b) the court, county and state where the action was filed; c) a short synopsis of the factual background of the case; d) the name, address and telephone number of Plaintiff attorney in the action; and ANSWER: INTERROGATORY NO. 16: Please state your full name, any other names you have gone by during your lifetime, your date of birth, Social Security number, present residence address and present employment. ANSWER: INTERROGATORY NO. 17: Have you ever been convicted of a felony or a crime of moral turpitude? Ifso, please provide the following information: PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EUGENE MONROE, || — Page 8 a) the crime upon which you were convicted; b) the court, county, and cause number concerning the underlying conviction; c) whether you testified at trial; and d) the date of the felony conviction. ANSWER: INTERROGATORY NO. 18: Describe any traffic citation you received as a result of this collision by stating the name and location of the Court involved, the violations of the law charged in that citation, and the date, place and manner (i.e., type of plea, bail, forfeit, trial, etc.) of disposition of the citation. ANSWER: INTERROGATORY NO. 19: If itis your position that you were not negligent, please provide each and every fact that supports your answer, identify all witnesses who you believe will corroborate your position, and identify all documents that support your position. ANSWER: INTERROGATORY NO. 20: If itis your contention that you are not liable to Plaintiffs for their damages, please explain in your own words each and every fact that supports your contention. Also provide the names, addresses, and phone numbers of each and every person who can corroborate your position. Plaintiffs also request that you identify all documents that support your contention. ANSWER: INTERROGATORY NO. 21: Identify by name, address, phone, and date of birth or driver’s license number ifapplicable, all persons and entities, including but not limited to all potential Responsible Third Parties that may be liable to the Plaintiffs for satisfying a judgment as the result of the incident which makes the basis of this cause. ANSWER: INTERROGATORY NO. 22: If itis your position that a third party over whom you do not control is liable for some or all of the damages sustained by the Plaintiffs, please identify the name of the party, their address, phone number, and please explain in detail each act or omission the third party committed which caused damage to the Plaintiffs. ANSWER: PLAINTIFF TAHANA BARCUCH’S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EUGENE MONROE, || — Page 9 INTERROGATORY NO. 23: If itis your position that you are not the proper party to this cause, or if itis your position that some other corporation, entity, or person may be jointly responsible for the damages suffered by Plaintiffs, whether in whole or in part, please describe in detail each and every basis for this position and identify all witnesses who you believe will corroborate this theory. ANSWER: INTERROGATORY NO. 24: Describe in detail what injuries, ifany, you received in the collision. ANSWER: REQUEST FOR ADMISSIONS Pursuant to Rule 198 of the TEXAS RULES 0F CIVIL PROCEDURE, Plaintiffs serve the following Request for Admissions to Defendant Eugene Monroe, ||. Defendant is requested to respond fully, in writing, and in accordance with Rule 198 of the TEXAS RULES OF CIVIL PROCEDURE. The admissions requested are to be