Preview
FILED
3/27/2020 4:27PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Treva Parker—Ayodele DEPUTY
CAUSE NO. DC-19-17040
YAHIA BARZENJI § IN THE DISTRICT COURT
Plaintiffi §
§
vs. § 193m JUDICIAL DISTRICT
§
OULAYLACK LANDRY §
Defendant. § DALLAS COUNTY, TEXAS
PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION FOR
LEAVE TO DESIGNATE “JOHN DOE” AS A RESPONSIBLE THIRD PARTY
NOW COMES, Plaintiff, YAHIA BARZENJI, in the above-entitled and numbered
cause, and files this Response in Opposition t0 Defendant's Motion for Leave t0 Designate “John
Doe” as a Responsible Third Party, and shows unto the Court the following:
I.
DEFENDANT’S MOTION FAILS AS A MATTER OF LAW
Texas Civil Practice and Remedies Code § 33.004 sets forth the procedure a defendant
must follow to successfully designate a responsible third party. Pursuant t0 this section, a
defendant may “seek t0 designate a person as a responsible third party by filing a motion 0n or
before the 60th day before the trial date unless the court finds good cause t0 allow the motion t0
be filed at a later date.” TeX. CiV. Prac. & Rem. Code § 33.004. The trialcourt must grant leave
t0 designate a responsible third party “unless another party files an objection t0 the motion for
leave 0n 0r before the 15th day after the date the motion is served.” Tex. CiV. Prac. & Rem.
Code § 33.004(f). If another party timely files an objection, the court shall grant leave to
designate the person as a responsible third party unless the obj ecting party establishes:
PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 1 OF 7
(1) the defendant did not plead sufficient facts concerning the alleged responsibility
0f the person to satisfy the pleading requirement 0f the Texas Rules 0f Civil
Procedure; and
(2) after having been granted leave t0 replead, the defendant failed t0 plead sufficient
facts concerning the alleged responsibility of the person to satisfy the pleading
requirements of the Texas Rules of Civil Procedure.
Id. § 33.004(g) and (l)(2).
When a party moves to designate an unknown person as a responsible third-party, Texas
law provides additional requirements 0n the designating party. See Tex. CiV. Prac. & Rem. Code
§ 33.0040);Phi Van Cao v. Hardy, 352 S.W.3d 218, 221 (Tex. App.—H0ust0n [14th Dist]
2011); In Re Unitec Elevator Services Ca, 178 S.W.3d 53, 61 (Tex. App.—Houston [lst Dist]
2005). As emphasized inPhi Van Cao v. Hardy, When designating an unknown driver as a
responsible third-party, a defendant must comply With the strict pleading requirements in Texas
Civil Practice & Remedies Code § 33.0040). To satisfy section 33.0040) for designating an
unknown third-party, a defendant is obligated, within 60 days after the filing 0f the defendant's
original answer, t0 allege an unknown person committed a criminal act that was a cause 0f the
plaintiff’s damages. TeX. CiV. Prac. & Rem. Code § 33.0040) (emphasis added).
Defendant filed her Original Answer on December 16, 2019; making her sixty (60) days
deadline t0 designate an unknown driver February 14, 2020. Defendant filed her Motion for
Leave t0 Designate “John Doe” as a Responsible Third Party on March 19, 2020 — over a month
past her deadline.
In fact, at least one federal district court in Texas has followed the holding in Phi Van
Cao v. Hardy in determining Whether a defendant can designate an unknown driver as a
PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 2 OF 7
responsible third-party. In Beltran v. United States, prior t0 the automobile accident, the
defendant observed an inner-tube fly out 0f a pickup truck and the occupants 0f the unknown
pickup truck exit the vehicle to chase the innertube. Beltran v. United States, SA—lS—CA—503—
HJB, 2016 WL 9450738 at *1 (W.D. Texas, Feb. 19, 2016). The defendant sought leave t0
designate the driver of the truck and/or the individuals that exited the truck as an unknown
responsible third-party. Id. The court held the defendant had not complied with requirements of
section 33.0040) as the defendant had not alleged the unknown person committed a criminal
act. Id. at *2. Since, section 33.0040) does not generally allow the designation of unknown
responsible third-parties unless a criminal act is alleged, and only then in limited circumstances,
the defendant was obligated, within “60 days after the filing 0f the defendant's original answer,”
t0 allege that an unknown person committed a criminal act that was a cause 0f the plaintiff’s
damages. Id.
Accordingly, When designating an unknown driver as a responsible third-party, a
defendant must comply With the strict pleading requirements set out Texas Civil Practice &
Remedies Code § 33.0040).
II.
DEFENDANT WAS FOUND LIABLE BY INVESTIGATING OFFICER
On or about December 12, 2018, Plaintiff was driving his vehicle in a prudent and careful
manner. Plaintiff was travelling northbound on the 200 Block 0f S. Coit Road When traffic
slowed t0 a stop; after Plaintiffs vehicle came t0 a complete stop, Defendant,
who was traveling behind Plaintiff’s vehicle, failed t0 control her speed and rear-
ended Plaintiff” s vehicle. Defendant’s actions caused injuries t0 Plaintiff” sbody. Attached hereto
and incorporated by reference as Exhibit “A” is a true and correct copy 0f the Richardson Police
PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 3 OF 7
Call Card which states:
UNIT #1 S. WAS TRAVELSNG NB IN THE
COIT RD BEHIND UNIT #2. UNIT #2
WAS TRAVELING NB IN THE LEFT LANE IN THE 200 BLOCK OF LEFT LANE
INTHE 200 BLOCK OF S. COIT RD IN FRONT OF UNIT #1A
WHO WAS STOPPED DUE TO TRAFFIC.
DRIVER UNIT #1 STATED SHE WAS UNABLE TO STOP TO AVOID COLLIDING WITH UNIT #2
HE WAS STRUCK FROM BEHIND BY UNIT #1 WHILE HE WAS STOPPED.
UNIT #2 STATED
ADJ (AREA OF DAMAGE
fMPACT) DETERMINED BY DRIVERS' STATEMENTS AND VEHICLE
OFFICER'S INVESTIGATION REVEALED DRIVER UNIT #1 FAILED T0 CONTROL HER SPEED WHICH RESULTED
INTHE COLIISION.
The investigating officer took statements from Plaintiff and Defendant and nowhere in
the report does itmention a “third party” being involved in the collision. Plaintiff had slowed to a
complete stop with the flow of traffic and while at a complete stop, Defendant “failed to control
her speed which resulted in the collision”.
III.
DEFENDANT FAILED TO PROPERLY DISCLOSE IN DISCOVERY
Plaintiff served its First Set of Written Discovery to Defendant on December 19, 2019, t0
which Defendant responded on or about January 17, 2020. In Defendant’s Responses to Request
for Disclosure, which a true and correct copy 0f is attached hereto and incorporated by reference
as Exhibit “B”, Defendant made no mention of any “third party”:
(b) The name, address, and telephone number of any potential parties are as follows:
RESPONSE:
Defendant is not aware of any potential parties at this time.
(l) The name, address and telephone number of any person who may be designated as a
responsible third party.
RESPONSE:
None known to Defendant at this time.
PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 4 OF 7
Under Chapter 33 0f the Texas Civil Practice and Remedies Code, a defendant may not
designate a responsible third party after limitations has expired “if the defendant has failed t0
comply with its obligations, if any, t0 timely disclose that the person may be designated as a
responsible third party.” TEX. CIV. PRAC. & REM. CODE § 33.004(d).
The rules require parties t0 timely respond t0 written discovery with “a complete
response, based on all information reasonably available to the responding party or its attorney at
the time the response is made.” TEX. R. CIV. P. 193.1. The rules also require a party to
supplement a response when itlearns the response “was incomplete 0r incorrect when made” 0r
has become s0 since it was made. TEX. R. CIV. P. 193.5(a). Despite having answered there were
“none known” to Defendant in her disclosures, Defendant does reference in her interrogatories, a
true and correct copy 0f is attached hereto and incorporated by reference as Exhibit “C”, that
there was a third vehicle she believed stopped suddenly, which caused Plaintiff t0 stop suddenly
thus Defendant rear ended Plaintiff because she couldn’t stop in time. So for at least two months
before the filing 0f this Motion, Defendant knew, but failed to supplement her responses t0
disclosures.
IV.
DEFENDANT WOULD STILL BE LIABLE
On March 19, 2020, Defendant filed itsMotion for Leave t0 Designate “John Doe” as a
Responsible Third Party alleging that “Plaintifi’ Yahia Barzenji (hereinafter “Plaintifi”’) and
Defendant were involved in an accident at 0r near the 200 block ofS. Coit Rd. in Richardson,
Dallas County, Texas. John Doe’s vehicle stopped in the middle 0f the roadway going
northbound 0n S. Coit Rd. in Richardson, Texas when Plaintifl and Defendant, who were
travelling behind John Doe’s vehicle, slowed and stopped abruptly. Plaintifi’ came t0 a sudden
PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 5 OF 7
and abrupt stop and was struck by Defendant who was unable t0 slow down and stop t0 avoid
the collision. John Doe leftthe scene offhe accident before police arrived.”
Even if this alleged “John Doe” who n0 one else, the Plaintiff 0r the Investigating Police
Officer ever mention, does actually exist, Defendant would stillbe responsible for the collision
for failing to maintain a safe distance.
Texas Transportation Code § 545.062(a) provides that:
“An operator shall, if following another vehicle, maintain an assured clear distance
between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions
0f the highway, the operator can safely stop Without colliding with the preceding vehicle 0r
veering into another vehicle, obj ect, or person on or near the highway.”
Even if there was a “John Doe”, which again no one else claims except Defendant — the
person Who is actually at fault for the collision, Plaintiff had enough time to bring his vehicle t0 a
full and complete stop. So, it is either that Defendant failed t0 control her speed — Which is What
Plaintiff and the Investigating Officer determined. Or it isthat Defendant failed t0 maintain a
safe distance. Either way, Defendant is at fault for this collision and subsequently for Plaintiffs
injuries.
V.
ATTORNEY FEES
The Defendant’s motion should be denied for the reasons set out herein
above and Plaintiff should be awarded $750.00 in attorney fees for having t0 defend and respond
t0 a Motion that was improperly filed, having not met the requirements as set forth herein.
The requested attorney fees were incurred by Plaintiff” s counsel in having t0 prepare this
response and t0 attend a hearing 0n the matter.
PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 6 OF 7
PRAYER
WHEREFORE, PREMISES, CONSIDERED, Plaintiff prays this Honorable Court
will deny Defendant’s Motion for Leave t0 Designate “John Doe” as a Responsible Third Party,
the Court awards Plaintiff $750.00 in attorney fees, and for such other and further relief that may
be awarded at law 0r in equity.
Respectfully submitted,
/s/Khalid Hamideh
By:
Khalid Y. Hamideh
Texas Bar N0. 088 1 8800
THE LAW OFFICES OF KHALID HAMIDEH
81 11 Lyndon B Johnson Freeway, Suite 350
Dallas, Texas 75251
Tel. (214) 515-0000
Fax. (214) 463-2550
Email: info@hamidehlawfirm.com
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I certify that on the 27 day of March ,
2020 a true and correct copy 0f
Plaintiffs Response in Opposition t0 Defendant's Motion for Leave t0 Designate “John Doe” as a
Responsible Third Party was served 0n John Fowler, Defendant’s attorney 0f record, Via
electronic service.
/s/Khalid Hamideh
Khalid Hamideh
PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 7 OF 7
EXHIBIT A
RICHARDSON POLICE DEPARTMENT
CALL CARD
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General Information
G1 Service Number GZ Date / Time G3 Officer Name ID
201800126079 1 2 / 1 2 / 2 0 1 3 1 8 4 2 JMIRAMONTES 1375
G4 Location G5 Parking Lot
200 S COIT RD N
GS Number of Vehicles G? Unit1 at Fault GB VWthin 100'Red LightCamera
2 Y N
Unit Information -
Unit # O1
U1 Last Name U2 FirstName
LANDRY OUIAYLACK
U4 Phone Number U5 Race / Ethnicity U6 Gender
214-498-7995 A/A F
U7 DL Number U8 DL State U9 LP Number LP State
U11 Vehicle Year U12 Make U13 Model U14 Color
2007 LEXS 125 WHI
U15 Insurance Company U16 Insurance Polic U17 Insurance Phone #
U18 Contn u Ing actor U19 CitationNumber
FAILED TO CONTROL SPEED A1 607769
Unit Information -
Unit # 02
U1 Last Name U2 FirstName
BARZENJI YAHIA
U3 DOB U4 Phone Number U5 Race / Ethnicity U6 Gender
214—800—91
1 1 W/A M
U7 DL Number U8 DL State U9 LP Number U10 LP State
e IcleYear U12 Make U13 Model 14 Color
2005 TOYOTA COROLLA RED
U15 Insurance Corn any Policy U17 Insurance Phone #
ontributing Factor U19 CitationNumber
UNIT #1 WAS TRAVELING NB IN THE LEFT LANE IN THE 200 BLOCK OF S. COIT RD BEHIND UNIT #2. UNIT #2 WAS TRAVELING NB INTHE LEFT LANE
|N THE 200 BLOCK OF S. COIT RD IN FRONT OF UNIT #1.
DRIVER UNIT #1 STATED SHE WAS UNABLE TO STOP TO AVOID COLLIDING WITH UNIT #2WHO WAS STOPPED DUE T0 TRAFFIC.
UNIT #2 STATED HE WAS STRUCK FROM BEHIND BY UNIT #1 \NHILE HE WAS STOPPED.
A.O.l(AREA OF IMPACT) DETERMINED BY DRIVERS' STATEMENTS AND VEHICLE DAMAGE.
OFFICER'S INVESTIGATION REVEALED DRIVER UNIT #1 FAlLED TO CONTROL HER SPEED WHICH RESULTED IN THE COLIISION.
EXHIBIT B
CAUSE NO. DC-19-17040
Yahia Barzenji § IN THE DISTRICT COURT
Plaintiff, §
§
vs. § 193RD JUDICIAL DISTRICT
§
Oulaylack Landry §
Defendant. § DALLAS COUNTY, TEXAS
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE
T0: Plaintiff Yahia Barzenji, by and through your attorney of record, Khalid Y. Hamideh,
The Law Offices 0f Khalid Y. Hamideh, 8111 LBJ Freeway. Suite 350, Dallas, Texs
75251.
Oulaylack Landry, Defendant(s) in the above-numbered and entitled cause, serves his
responses t0 Plaintiff’s Request for Disclosure made pursuant t0 the Texas Rules of Civil
Procedure.
Respectfully submitted,
LAUREN S. SHAW & Ass IATES
M/
John M. P?wler
Texas Bar N0. 5051 1783
I
901 Main St., Suite 5330
Dallas, Texas 75202
Phone: 972-764-0035 ext 77246
Fax: 214-560-6871
Email: jfowler@uaig.net
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE
Cause N0. DC-19-17040 Page 1
CERTIFICATE OF SERVICE
A true and correct copy 0f the foregoing instrument was served upon counsel 0f record in
accordance with the Rules of Civil Procedure on this January 17, 2020.
Via E service:
Khalid Y. Hamideh
The Law Offices of Khalid Y. Hamideh
81 11 LBJ Freeway. Suite 350
Dallas, Texs 75251
Attorneyfor Plaintifl“
MAL
John M. F%Wler
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE
Cause N0. DC-19-17040 Page 2
RESPONSES
(a) The correct names 0f the parties to the lawsuit are as follows:
RESPONSE:
Defendant believes the parties are named correctly.
(b) The name, address, and telephone number 0f any potential parties are as follows:
RESPONSE:
Defendant is not aware 0f any potential parties at this time.
(c) The legal theories and, in general, the factual bases 0f Defendants’ defenses are as
follows:
RESPONSE:
As authorized by Rule 92, Texas Rules of Civil Procedure, Defendant generally
denies each and every, all and singular, the allegations found in Plaintiff’s Petition and,
since they are allegations 0f fact, the Plaintiff should be required t0 prove the allegations
asserted against Defendant by a preponderance 0f the evidence in accordance with the laws
0f the State 0f Texas.
Defendant further asserts that he/she did not proximately cause Plaintiff’s damages,
and that his/her conduct, actions and/or omissions, if any, were not the producing cause 0f
Plaintiff’s damages.
Specially answering, Defendant contends that 0n the occasion in question, Plaintiff,
Yahia Barzenji failed t0 exercise that degree 0f care which a person 0f ordinary care would
have exercised in the same 0r similar circumstances, and that such failure proximately
caused Plaintiff’s alleged injuries and/or damages.
In the alternative, Defendant says that the accident was an unavoidable accident, 0r
was caused solely by the act 0r acts and conduct 0f another party 0r parties, and/or that 0f
a non-party 0r non-parties over whom Defendant had no control.
Defendant further asserts that Plaintiff failed t0 mitigate his/her damages, if any, for
the incident made the basis 0f this lawsuit.
Defendant further asserts that portions of the Plaintiff’s alleged damages may be
based upon unrelated pre-existing conditions or infirmities for which the Plaintiff is
entitled to no recovery by this suit.
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE
Cause N0. DC-19-17040 Page 3
Defendant further asserts that the Plaintiff is not entitled to recover any past
medical expenses that have been reduced, written off or adjusted, and in accordance with
Tex. Civ. Prac. & Rem. Code Ann. §41.045, Plaintiff is limited t0 recover only those
expenses actually “paid or incurred,” as that language has been interpreted by the Texas
Supreme Court in Haygood vs. de Escabedo, 356 S.W.3d 390 (TeX. 2011).
Defendant further asserts that the Plaintiff is not entitled t0 recover for loss of
earnings, loss of earning capacity, loss of contributions 0f a pecuniary value, 0r loss 0f
inheritance, unless Plaintiff presents evidence to prove the loss in the form 0f a net loss
after reduction for income tax payments 0r unpaid tax liability pursuant t0 any federal
income tax law, in accordance with Tex. Civ. Prac. & Rem. Code. Ann. §18.091.
Defendant further seeks the protection 0f any statute and/or law Which caps,
restricts, limits 0r modifies the amount 0f monetary damages Which might be awarded
against Defendant in connection with this lawsuit.
Defendant asserts the affirmative defense 0f limitations, and would show that
service 0f suit upon Defendant does not “relate back” t0 the filing 0f suit because Plaintiff
failed t0 continuously exercise due diligence t0 serve Defendant after the expiration 0f the
applicable two-year limitations period.
(d) The amount and any method of calculating your economic damages;
RESPONSE:
This request is not applicable to Defendant, since Defendant is not seeking recovery
0f economic damages as a result 0f the incident in question.
(e) The name, address, and telephone number 0f persons having knowledge 0f relevant facts,
and a brief statement 0f each identified person's connection with the case are as follows:
RESPONSE:
Yahia Barzenji,
c/o Khalid Y. Hamideh
The Law Offices 0f Khalid Y. Hamideh
81 11 LBJ Freeway. Suite 350
Dallas, Texs 75251
Plaintifl"
Oulaylack Landry
c/o John M. Fowler
901 Main St.,Suite 5330
Dallas, Texas 75202
972-764-0035 ext 77246
Defendant
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE
Cause N0. DC-19-17040 Page 4
Officer J. Miramontes, Badge No. 1375
Richardson Police Department
Investigating Officer
Any and all persons identified by Plaintiff as having knowledge of relevant facts
including any and all healthcare providers of Plaintiff, as well as persons 0r facilities
from which records are collected via DWQ.
(f) For any testifying expert, please provide the following:
(1) the expert's name, address, and telephone number;
(2) the subj ect matter 0n which the expert will testify;
(3) the general substance of the expert’s mental impressions and opinions and a brief
summary 0f the basis for them;
(4) If the expert is retained by, employed by, 0r otherwise subj ect t0 Defendant's
control, please provide the following:
(A) all documents, tangible things, reports, models, or data compilations that
have been provided t0, reviewed by, or prepared by or for the expert in
anticipation of the expert's testimony; and
(B) the expert's current resume and bibliography;
RESPONSE:
None at this time.
(g) Any discoverable indemnity and insuring agreements:
RESPONSE:
Please see policy declarations page attached as Exhibit A.
(h) Any discoverable settlement agreements:
RESPONSE:
None at this time.
(i) Any discoverable witness statements:
RESPONSE:
None at this time.
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE
Cause N0. DC-19-17040 Page 5
(j) In a suit alleging physical 0r mental injury and damages from the occurrence that isthe
subject 0f the case, all medical records and bills that are reasonably related t0 the injuries
0r damages asserted 0r, in lieu thereof, an authorization permitting the disclosure of such
medical records and bills;
RESPONSE:
Not applicable.
(k) In a suit alleging physical 0r mental injury and damages from the occurrence that isthe
subject 0f the case, all medical records and bills obtained by the responding party by
Virtue 0f an authorization furnished by the requesting party;
RESPONSE:
At this time, n0 medical records 0r bills have been obtained by Defendant by virtue
0f any authorization furnished by Plaintiff. Defendant may obtain records by
depositions upon written questions, copies 0f which the Plaintiff will have equal
opportunity t0 obtain upon notice from the court reporter and/or records service.
(1) The name, address and telephone number 0f any person Who may be designated as a
responsible third party.
RESPONSE:
None known t0 Defendant at this time.
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE
Cause N0. DC-19-17040 Page 6
EXHIBIT C
CAUSE NO. DC-19-17040
Yahia Barzenji § IN THE DISTRICT COURT
Plaintiff, §
§
vs. § 193RD JUDICIAL DISTRICT
§
Oulaylack Landry §
Defendant. § DALLAS COUNTY, TEXAS
DEFENDANT’S OBJECTIONS AND RESPONSES TO PLAINTIFFS’
FIRST SET OF INTERROGATORIES
To: Plaintiff Yahia Barzenji, by and through his/her attorney of record, Khalid Y. Hamideh
The Law Offices othalid Y. Hamideh, 81 11 LBJ Freeway. Suite 350, Dallas, Texs 7525 1.
Oulaylack Landry, Defendant in the above-numbered and entitled cause, serves his/her
Objections and Responses t0 Plaintiff s First Set of Interrogatories pursuant t0 the Texas Rules of
Civil Procedure.
Respectfully submitted,
LAUREN S. SHAW & Ass CIATES
John M. F%wler
Texas Bar N0. 5051 1783
901 Main St.,Suite 5330
Dallas, Texas 75202
Phone: 972-764-0035 ext 77246
Fax: 214-560-6871
Email: jfowler@uaig.net
ATTORNEY FOR DEFENDANT
Oulaylack Landry
DEFENDANT’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S
FIRST SET OF INTERROGATORIES PAGE 1
Cause N0. DC-19-17040
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing instrument was served upon counsel of record in
accordance with the Rules of Civil Procedure 0n this January 17, 2020.
Via E-Service
Khalid Y. Hamideh
The Law Offices of Khalid Y. Hamideh
81 11 LBJ Freeway. Suite 350
Dallas, Texs 75251
Attorneyfor Plaintifl“
szfl
John M. leer
DEFENDANT’S OBJECTIONS AND RESPONSES T0 PLAINTIFF’S
FIRST SET OF INTERROGATORIES PAGE 2
Cause N0. DC-19-17040
INTERROGATORIES
1. Please state the fullname, address, telephone number and cell phone provider, date ofbirth,
driver's license number, social security number, and occupation 0f the person answering these
interrogatories.
ANSWER:
Name: Oulaylack Landry;
Address: 13745 Brookegreen Cir., Dallas, TX 75240;
Telephone: 214-498-7995;
Cellphone provider: T-Mobile;
Social security number: Defendant objects t0 the above interrogatory’s request for
Defendant’s social security number in that such request isan invasion 0f Defendant’s
right t0 privacy and exceeds the scope 0f discovery in this case. TEX. R. CIV. P.
5th Court 0prpeals, 756 S.W.2d 723 (Tex.1988); see also TEX.
192.6(b); see Hoffman v.
R. CIV. P. 192.4; e.g., In re Colonial Pipeline C0., 968 S.W.2d 938 (Tex.1998).
Defendant’s social security number has been Withheld based 0n the above assertion 0f
privilege and objection.
Occupation: Self—employed
2. State the full name, telephone number, address and your immediate supervisor for your
employers for the last ten (10) years. Please indicate if you have held any ownership interest in
this(these) business(es).
ANSWER: Defendant is self—employed.
3. State whether you were acting Within the course and scope of any employment, service or
agency at the time of the collision, and describe the relationship 0f the persons involved.
ANSWER: Defendant was not acting within the course and scope 0f any employment, service
0r agency at the time 0f the incident.
4. State the Style, Court and Cause number 0f any lawsuit you have been a party t0 and the final
disposition 0f said suit for the last ten (10) years.
ANSWER: Defendant was involved in a bodily injury lawsuit in 2016 in Dallas, Texas and
does not recall the style, court 0r case #.
5. Please state any and all traffic Violations you have had in the ten (10) years preceding this
DEFENDANT’S OBJECTIONS AND RESPONSES T0 PLAINTIFF’S
FIRST SET OF INTERROGATORIES PAGE 3
Cause N0. DC-19-17040
collision. Please indicate ifyou have had your driving license revoked due to any ofthese Violations
and the period 0f time your license was revoked.
ANSWER: Defendant received a traffic citation in 2016 for running a red light. She also had a
traffic violation for driving under the influence, as result 0f this, her license was suspended for
a short period.
6. Please state Whether you have had any other motor vehicle accidents in the past ten (10)
years. If so, please list the date and location of such accident, the parties involved and a factual
description 0f the accident.
ANSWER: Defendant had a prior motor vehicle accident in 2016.
7. List all criminal arrests and/or charges against you by giving the cause number; identities 0f
all accused; court ofjurisdiction; description 0f criminal charges; date and place of arrest; plea made;
date 0ftria1 and/or plea bargain; whether 0r not convicted and 0n What charges; time served; date 0f
release from confinement; Whether 0r not granted pardon 0r parole, and if so, date pardon granted 01'
parole was 0r will be successfully completed for the last ten (1 0) years.
ANSWER: Defendant was arrested in 2017 for shoplifting, and she received probation/
deferred adjudication.
8. State in detail What intoxicatin
Preview
FILED 3/27/2020 4:27PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Treva Parker—Ayodele DEPUTY CAUSE NO. DC-19-17040 YAHIA BARZENJI § IN THE DISTRICT COURT Plaintiffi § § vs. § 193m JUDICIAL DISTRICT § OULAYLACK LANDRY § Defendant. § DALLAS COUNTY, TEXAS PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE TO DESIGNATE “JOHN DOE” AS A RESPONSIBLE THIRD PARTY NOW COMES, Plaintiff, YAHIA BARZENJI, in the above-entitled and numbered cause, and files this Response in Opposition t0 Defendant's Motion for Leave t0 Designate “John Doe” as a Responsible Third Party, and shows unto the Court the following: I. DEFENDANT’S MOTION FAILS AS A MATTER OF LAW Texas Civil Practice and Remedies Code § 33.004 sets forth the procedure a defendant must follow to successfully designate a responsible third party. Pursuant t0 this section, a defendant may “seek t0 designate a person as a responsible third party by filing a motion 0n or before the 60th day before the trial date unless the court finds good cause t0 allow the motion t0 be filed at a later date.” TeX. CiV. Prac. & Rem. Code § 33.004. The trialcourt must grant leave t0 designate a responsible third party “unless another party files an objection t0 the motion for leave 0n 0r before the 15th day after the date the motion is served.” Tex. CiV. Prac. & Rem. Code § 33.004(f). If another party timely files an objection, the court shall grant leave to designate the person as a responsible third party unless the obj ecting party establishes: PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 1 OF 7 (1) the defendant did not plead sufficient facts concerning the alleged responsibility 0f the person to satisfy the pleading requirement 0f the Texas Rules 0f Civil Procedure; and (2) after having been granted leave t0 replead, the defendant failed t0 plead sufficient facts concerning the alleged responsibility of the person to satisfy the pleading requirements of the Texas Rules of Civil Procedure. Id. § 33.004(g) and (l)(2). When a party moves to designate an unknown person as a responsible third-party, Texas law provides additional requirements 0n the designating party. See Tex. CiV. Prac. & Rem. Code § 33.0040);Phi Van Cao v. Hardy, 352 S.W.3d 218, 221 (Tex. App.—H0ust0n [14th Dist] 2011); In Re Unitec Elevator Services Ca, 178 S.W.3d 53, 61 (Tex. App.—Houston [lst Dist] 2005). As emphasized inPhi Van Cao v. Hardy, When designating an unknown driver as a responsible third-party, a defendant must comply With the strict pleading requirements in Texas Civil Practice & Remedies Code § 33.0040). To satisfy section 33.0040) for designating an unknown third-party, a defendant is obligated, within 60 days after the filing 0f the defendant's original answer, t0 allege an unknown person committed a criminal act that was a cause 0f the plaintiff’s damages. TeX. CiV. Prac. & Rem. Code § 33.0040) (emphasis added). Defendant filed her Original Answer on December 16, 2019; making her sixty (60) days deadline t0 designate an unknown driver February 14, 2020. Defendant filed her Motion for Leave t0 Designate “John Doe” as a Responsible Third Party on March 19, 2020 — over a month past her deadline. In fact, at least one federal district court in Texas has followed the holding in Phi Van Cao v. Hardy in determining Whether a defendant can designate an unknown driver as a PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 2 OF 7 responsible third-party. In Beltran v. United States, prior t0 the automobile accident, the defendant observed an inner-tube fly out 0f a pickup truck and the occupants 0f the unknown pickup truck exit the vehicle to chase the innertube. Beltran v. United States, SA—lS—CA—503— HJB, 2016 WL 9450738 at *1 (W.D. Texas, Feb. 19, 2016). The defendant sought leave t0 designate the driver of the truck and/or the individuals that exited the truck as an unknown responsible third-party. Id. The court held the defendant had not complied with requirements of section 33.0040) as the defendant had not alleged the unknown person committed a criminal act. Id. at *2. Since, section 33.0040) does not generally allow the designation of unknown responsible third-parties unless a criminal act is alleged, and only then in limited circumstances, the defendant was obligated, within “60 days after the filing 0f the defendant's original answer,” t0 allege that an unknown person committed a criminal act that was a cause 0f the plaintiff’s damages. Id. Accordingly, When designating an unknown driver as a responsible third-party, a defendant must comply With the strict pleading requirements set out Texas Civil Practice & Remedies Code § 33.0040). II. DEFENDANT WAS FOUND LIABLE BY INVESTIGATING OFFICER On or about December 12, 2018, Plaintiff was driving his vehicle in a prudent and careful manner. Plaintiff was travelling northbound on the 200 Block 0f S. Coit Road When traffic slowed t0 a stop; after Plaintiffs vehicle came t0 a complete stop, Defendant, who was traveling behind Plaintiff’s vehicle, failed t0 control her speed and rear- ended Plaintiff” s vehicle. Defendant’s actions caused injuries t0 Plaintiff” sbody. Attached hereto and incorporated by reference as Exhibit “A” is a true and correct copy 0f the Richardson Police PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 3 OF 7 Call Card which states: UNIT #1 S. WAS TRAVELSNG NB IN THE COIT RD BEHIND UNIT #2. UNIT #2 WAS TRAVELING NB IN THE LEFT LANE IN THE 200 BLOCK OF LEFT LANE INTHE 200 BLOCK OF S. COIT RD IN FRONT OF UNIT #1A WHO WAS STOPPED DUE TO TRAFFIC. DRIVER UNIT #1 STATED SHE WAS UNABLE TO STOP TO AVOID COLLIDING WITH UNIT #2 HE WAS STRUCK FROM BEHIND BY UNIT #1 WHILE HE WAS STOPPED. UNIT #2 STATED ADJ (AREA OF DAMAGE fMPACT) DETERMINED BY DRIVERS' STATEMENTS AND VEHICLE OFFICER'S INVESTIGATION REVEALED DRIVER UNIT #1 FAILED T0 CONTROL HER SPEED WHICH RESULTED INTHE COLIISION. The investigating officer took statements from Plaintiff and Defendant and nowhere in the report does itmention a “third party” being involved in the collision. Plaintiff had slowed to a complete stop with the flow of traffic and while at a complete stop, Defendant “failed to control her speed which resulted in the collision”. III. DEFENDANT FAILED TO PROPERLY DISCLOSE IN DISCOVERY Plaintiff served its First Set of Written Discovery to Defendant on December 19, 2019, t0 which Defendant responded on or about January 17, 2020. In Defendant’s Responses to Request for Disclosure, which a true and correct copy 0f is attached hereto and incorporated by reference as Exhibit “B”, Defendant made no mention of any “third party”: (b) The name, address, and telephone number of any potential parties are as follows: RESPONSE: Defendant is not aware of any potential parties at this time. (l) The name, address and telephone number of any person who may be designated as a responsible third party. RESPONSE: None known to Defendant at this time. PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 4 OF 7 Under Chapter 33 0f the Texas Civil Practice and Remedies Code, a defendant may not designate a responsible third party after limitations has expired “if the defendant has failed t0 comply with its obligations, if any, t0 timely disclose that the person may be designated as a responsible third party.” TEX. CIV. PRAC. & REM. CODE § 33.004(d). The rules require parties t0 timely respond t0 written discovery with “a complete response, based on all information reasonably available to the responding party or its attorney at the time the response is made.” TEX. R. CIV. P. 193.1. The rules also require a party to supplement a response when itlearns the response “was incomplete 0r incorrect when made” 0r has become s0 since it was made. TEX. R. CIV. P. 193.5(a). Despite having answered there were “none known” to Defendant in her disclosures, Defendant does reference in her interrogatories, a true and correct copy 0f is attached hereto and incorporated by reference as Exhibit “C”, that there was a third vehicle she believed stopped suddenly, which caused Plaintiff t0 stop suddenly thus Defendant rear ended Plaintiff because she couldn’t stop in time. So for at least two months before the filing 0f this Motion, Defendant knew, but failed to supplement her responses t0 disclosures. IV. DEFENDANT WOULD STILL BE LIABLE On March 19, 2020, Defendant filed itsMotion for Leave t0 Designate “John Doe” as a Responsible Third Party alleging that “Plaintifi’ Yahia Barzenji (hereinafter “Plaintifi”’) and Defendant were involved in an accident at 0r near the 200 block ofS. Coit Rd. in Richardson, Dallas County, Texas. John Doe’s vehicle stopped in the middle 0f the roadway going northbound 0n S. Coit Rd. in Richardson, Texas when Plaintifl and Defendant, who were travelling behind John Doe’s vehicle, slowed and stopped abruptly. Plaintifi’ came t0 a sudden PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 5 OF 7 and abrupt stop and was struck by Defendant who was unable t0 slow down and stop t0 avoid the collision. John Doe leftthe scene offhe accident before police arrived.” Even if this alleged “John Doe” who n0 one else, the Plaintiff 0r the Investigating Police Officer ever mention, does actually exist, Defendant would stillbe responsible for the collision for failing to maintain a safe distance. Texas Transportation Code § 545.062(a) provides that: “An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions 0f the highway, the operator can safely stop Without colliding with the preceding vehicle 0r veering into another vehicle, obj ect, or person on or near the highway.” Even if there was a “John Doe”, which again no one else claims except Defendant — the person Who is actually at fault for the collision, Plaintiff had enough time to bring his vehicle t0 a full and complete stop. So, it is either that Defendant failed t0 control her speed — Which is What Plaintiff and the Investigating Officer determined. Or it isthat Defendant failed t0 maintain a safe distance. Either way, Defendant is at fault for this collision and subsequently for Plaintiffs injuries. V. ATTORNEY FEES The Defendant’s motion should be denied for the reasons set out herein above and Plaintiff should be awarded $750.00 in attorney fees for having t0 defend and respond t0 a Motion that was improperly filed, having not met the requirements as set forth herein. The requested attorney fees were incurred by Plaintiff” s counsel in having t0 prepare this response and t0 attend a hearing 0n the matter. PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 6 OF 7 PRAYER WHEREFORE, PREMISES, CONSIDERED, Plaintiff prays this Honorable Court will deny Defendant’s Motion for Leave t0 Designate “John Doe” as a Responsible Third Party, the Court awards Plaintiff $750.00 in attorney fees, and for such other and further relief that may be awarded at law 0r in equity. Respectfully submitted, /s/Khalid Hamideh By: Khalid Y. Hamideh Texas Bar N0. 088 1 8800 THE LAW OFFICES OF KHALID HAMIDEH 81 11 Lyndon B Johnson Freeway, Suite 350 Dallas, Texas 75251 Tel. (214) 515-0000 Fax. (214) 463-2550 Email: info@hamidehlawfirm.com Attorney for Plaintiff CERTIFICATE OF SERVICE I certify that on the 27 day of March , 2020 a true and correct copy 0f Plaintiffs Response in Opposition t0 Defendant's Motion for Leave t0 Designate “John Doe” as a Responsible Third Party was served 0n John Fowler, Defendant’s attorney 0f record, Via electronic service. /s/Khalid Hamideh Khalid Hamideh PLAINTIFF’S RESPONSE IN OPPOSITION PAGE 7 OF 7 EXHIBIT A RICHARDSON POLICE DEPARTMENT CALL CARD :h: j '_ , _, T7,“:1’”; " L'AITHJWY‘ ‘_':’i'z"'7‘L' r’~ p.52... ' ' tmm"? '-~ w a 33m: r “ "2'74“; "I_fi..7_’:'._‘.i;:,ij" A , u: , r-V-r u v. - --1.g.-r;-,--;. :r-w-“m ‘qxrr—mv'vwrwa'wwznngfibtz413: ’rxw General Information G1 Service Number GZ Date / Time G3 Officer Name ID 201800126079 1 2 / 1 2 / 2 0 1 3 1 8 4 2 JMIRAMONTES 1375 G4 Location G5 Parking Lot 200 S COIT RD N GS Number of Vehicles G? Unit1 at Fault GB VWthin 100'Red LightCamera 2 Y N Unit Information - Unit # O1 U1 Last Name U2 FirstName LANDRY OUIAYLACK U4 Phone Number U5 Race / Ethnicity U6 Gender 214-498-7995 A/A F U7 DL Number U8 DL State U9 LP Number LP State U11 Vehicle Year U12 Make U13 Model U14 Color 2007 LEXS 125 WHI U15 Insurance Company U16 Insurance Polic U17 Insurance Phone # U18 Contn u Ing actor U19 CitationNumber FAILED TO CONTROL SPEED A1 607769 Unit Information - Unit # 02 U1 Last Name U2 FirstName BARZENJI YAHIA U3 DOB U4 Phone Number U5 Race / Ethnicity U6 Gender 214—800—91 1 1 W/A M U7 DL Number U8 DL State U9 LP Number U10 LP State e IcleYear U12 Make U13 Model 14 Color 2005 TOYOTA COROLLA RED U15 Insurance Corn any Policy U17 Insurance Phone # ontributing Factor U19 CitationNumber UNIT #1 WAS TRAVELING NB IN THE LEFT LANE IN THE 200 BLOCK OF S. COIT RD BEHIND UNIT #2. UNIT #2 WAS TRAVELING NB INTHE LEFT LANE |N THE 200 BLOCK OF S. COIT RD IN FRONT OF UNIT #1. DRIVER UNIT #1 STATED SHE WAS UNABLE TO STOP TO AVOID COLLIDING WITH UNIT #2WHO WAS STOPPED DUE T0 TRAFFIC. UNIT #2 STATED HE WAS STRUCK FROM BEHIND BY UNIT #1 \NHILE HE WAS STOPPED. A.O.l(AREA OF IMPACT) DETERMINED BY DRIVERS' STATEMENTS AND VEHICLE DAMAGE. OFFICER'S INVESTIGATION REVEALED DRIVER UNIT #1 FAlLED TO CONTROL HER SPEED WHICH RESULTED IN THE COLIISION. EXHIBIT B CAUSE NO. DC-19-17040 Yahia Barzenji § IN THE DISTRICT COURT Plaintiff, § § vs. § 193RD JUDICIAL DISTRICT § Oulaylack Landry § Defendant. § DALLAS COUNTY, TEXAS DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE T0: Plaintiff Yahia Barzenji, by and through your attorney of record, Khalid Y. Hamideh, The Law Offices 0f Khalid Y. Hamideh, 8111 LBJ Freeway. Suite 350, Dallas, Texs 75251. Oulaylack Landry, Defendant(s) in the above-numbered and entitled cause, serves his responses t0 Plaintiff’s Request for Disclosure made pursuant t0 the Texas Rules of Civil Procedure. Respectfully submitted, LAUREN S. SHAW & Ass IATES M/ John M. P?wler Texas Bar N0. 5051 1783 I 901 Main St., Suite 5330 Dallas, Texas 75202 Phone: 972-764-0035 ext 77246 Fax: 214-560-6871 Email: jfowler@uaig.net DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE Cause N0. DC-19-17040 Page 1 CERTIFICATE OF SERVICE A true and correct copy 0f the foregoing instrument was served upon counsel 0f record in accordance with the Rules of Civil Procedure on this January 17, 2020. Via E service: Khalid Y. Hamideh The Law Offices of Khalid Y. Hamideh 81 11 LBJ Freeway. Suite 350 Dallas, Texs 75251 Attorneyfor Plaintifl“ MAL John M. F%Wler DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE Cause N0. DC-19-17040 Page 2 RESPONSES (a) The correct names 0f the parties to the lawsuit are as follows: RESPONSE: Defendant believes the parties are named correctly. (b) The name, address, and telephone number 0f any potential parties are as follows: RESPONSE: Defendant is not aware 0f any potential parties at this time. (c) The legal theories and, in general, the factual bases 0f Defendants’ defenses are as follows: RESPONSE: As authorized by Rule 92, Texas Rules of Civil Procedure, Defendant generally denies each and every, all and singular, the allegations found in Plaintiff’s Petition and, since they are allegations 0f fact, the Plaintiff should be required t0 prove the allegations asserted against Defendant by a preponderance 0f the evidence in accordance with the laws 0f the State 0f Texas. Defendant further asserts that he/she did not proximately cause Plaintiff’s damages, and that his/her conduct, actions and/or omissions, if any, were not the producing cause 0f Plaintiff’s damages. Specially answering, Defendant contends that 0n the occasion in question, Plaintiff, Yahia Barzenji failed t0 exercise that degree 0f care which a person 0f ordinary care would have exercised in the same 0r similar circumstances, and that such failure proximately caused Plaintiff’s alleged injuries and/or damages. In the alternative, Defendant says that the accident was an unavoidable accident, 0r was caused solely by the act 0r acts and conduct 0f another party 0r parties, and/or that 0f a non-party 0r non-parties over whom Defendant had no control. Defendant further asserts that Plaintiff failed t0 mitigate his/her damages, if any, for the incident made the basis 0f this lawsuit. Defendant further asserts that portions of the Plaintiff’s alleged damages may be based upon unrelated pre-existing conditions or infirmities for which the Plaintiff is entitled to no recovery by this suit. DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE Cause N0. DC-19-17040 Page 3 Defendant further asserts that the Plaintiff is not entitled to recover any past medical expenses that have been reduced, written off or adjusted, and in accordance with Tex. Civ. Prac. & Rem. Code Ann. §41.045, Plaintiff is limited t0 recover only those expenses actually “paid or incurred,” as that language has been interpreted by the Texas Supreme Court in Haygood vs. de Escabedo, 356 S.W.3d 390 (TeX. 2011). Defendant further asserts that the Plaintiff is not entitled t0 recover for loss of earnings, loss of earning capacity, loss of contributions 0f a pecuniary value, 0r loss 0f inheritance, unless Plaintiff presents evidence to prove the loss in the form 0f a net loss after reduction for income tax payments 0r unpaid tax liability pursuant t0 any federal income tax law, in accordance with Tex. Civ. Prac. & Rem. Code. Ann. §18.091. Defendant further seeks the protection 0f any statute and/or law Which caps, restricts, limits 0r modifies the amount 0f monetary damages Which might be awarded against Defendant in connection with this lawsuit. Defendant asserts the affirmative defense 0f limitations, and would show that service 0f suit upon Defendant does not “relate back” t0 the filing 0f suit because Plaintiff failed t0 continuously exercise due diligence t0 serve Defendant after the expiration 0f the applicable two-year limitations period. (d) The amount and any method of calculating your economic damages; RESPONSE: This request is not applicable to Defendant, since Defendant is not seeking recovery 0f economic damages as a result 0f the incident in question. (e) The name, address, and telephone number 0f persons having knowledge 0f relevant facts, and a brief statement 0f each identified person's connection with the case are as follows: RESPONSE: Yahia Barzenji, c/o Khalid Y. Hamideh The Law Offices 0f Khalid Y. Hamideh 81 11 LBJ Freeway. Suite 350 Dallas, Texs 75251 Plaintifl" Oulaylack Landry c/o John M. Fowler 901 Main St.,Suite 5330 Dallas, Texas 75202 972-764-0035 ext 77246 Defendant DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE Cause N0. DC-19-17040 Page 4 Officer J. Miramontes, Badge No. 1375 Richardson Police Department Investigating Officer Any and all persons identified by Plaintiff as having knowledge of relevant facts including any and all healthcare providers of Plaintiff, as well as persons 0r facilities from which records are collected via DWQ. (f) For any testifying expert, please provide the following: (1) the expert's name, address, and telephone number; (2) the subj ect matter 0n which the expert will testify; (3) the general substance of the expert’s mental impressions and opinions and a brief summary 0f the basis for them; (4) If the expert is retained by, employed by, 0r otherwise subj ect t0 Defendant's control, please provide the following: (A) all documents, tangible things, reports, models, or data compilations that have been provided t0, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and (B) the expert's current resume and bibliography; RESPONSE: None at this time. (g) Any discoverable indemnity and insuring agreements: RESPONSE: Please see policy declarations page attached as Exhibit A. (h) Any discoverable settlement agreements: RESPONSE: None at this time. (i) Any discoverable witness statements: RESPONSE: None at this time. DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE Cause N0. DC-19-17040 Page 5 (j) In a suit alleging physical 0r mental injury and damages from the occurrence that isthe subject 0f the case, all medical records and bills that are reasonably related t0 the injuries 0r damages asserted 0r, in lieu thereof, an authorization permitting the disclosure of such medical records and bills; RESPONSE: Not applicable. (k) In a suit alleging physical 0r mental injury and damages from the occurrence that isthe subject 0f the case, all medical records and bills obtained by the responding party by Virtue 0f an authorization furnished by the requesting party; RESPONSE: At this time, n0 medical records 0r bills have been obtained by Defendant by virtue 0f any authorization furnished by Plaintiff. Defendant may obtain records by depositions upon written questions, copies 0f which the Plaintiff will have equal opportunity t0 obtain upon notice from the court reporter and/or records service. (1) The name, address and telephone number 0f any person Who may be designated as a responsible third party. RESPONSE: None known t0 Defendant at this time. DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURE Cause N0. DC-19-17040 Page 6 EXHIBIT C CAUSE NO. DC-19-17040 Yahia Barzenji § IN THE DISTRICT COURT Plaintiff, § § vs. § 193RD JUDICIAL DISTRICT § Oulaylack Landry § Defendant. § DALLAS COUNTY, TEXAS DEFENDANT’S OBJECTIONS AND RESPONSES TO PLAINTIFFS’ FIRST SET OF INTERROGATORIES To: Plaintiff Yahia Barzenji, by and through his/her attorney of record, Khalid Y. Hamideh The Law Offices othalid Y. Hamideh, 81 11 LBJ Freeway. Suite 350, Dallas, Texs 7525 1. Oulaylack Landry, Defendant in the above-numbered and entitled cause, serves his/her Objections and Responses t0 Plaintiff s First Set of Interrogatories pursuant t0 the Texas Rules of Civil Procedure. Respectfully submitted, LAUREN S. SHAW & Ass CIATES John M. F%wler Texas Bar N0. 5051 1783 901 Main St.,Suite 5330 Dallas, Texas 75202 Phone: 972-764-0035 ext 77246 Fax: 214-560-6871 Email: jfowler@uaig.net ATTORNEY FOR DEFENDANT Oulaylack Landry DEFENDANT’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S FIRST SET OF INTERROGATORIES PAGE 1 Cause N0. DC-19-17040 CERTIFICATE OF SERVICE A true and correct copy of the foregoing instrument was served upon counsel of record in accordance with the Rules of Civil Procedure 0n this January 17, 2020. Via E-Service Khalid Y. Hamideh The Law Offices of Khalid Y. Hamideh 81 11 LBJ Freeway. Suite 350 Dallas, Texs 75251 Attorneyfor Plaintifl“ szfl John M. leer DEFENDANT’S OBJECTIONS AND RESPONSES T0 PLAINTIFF’S FIRST SET OF INTERROGATORIES PAGE 2 Cause N0. DC-19-17040 INTERROGATORIES 1. Please state the fullname, address, telephone number and cell phone provider, date ofbirth, driver's license number, social security number, and occupation 0f the person answering these interrogatories. ANSWER: Name: Oulaylack Landry; Address: 13745 Brookegreen Cir., Dallas, TX 75240; Telephone: 214-498-7995; Cellphone provider: T-Mobile; Social security number: Defendant objects t0 the above interrogatory’s request for Defendant’s social security number in that such request isan invasion 0f Defendant’s right t0 privacy and exceeds the scope 0f discovery in this case. TEX. R. CIV. P. 5th Court 0prpeals, 756 S.W.2d 723 (Tex.1988); see also TEX. 192.6(b); see Hoffman v. R. CIV. P. 192.4; e.g., In re Colonial Pipeline C0., 968 S.W.2d 938 (Tex.1998). Defendant’s social security number has been Withheld based 0n the above assertion 0f privilege and objection. Occupation: Self—employed 2. State the full name, telephone number, address and your immediate supervisor for your employers for the last ten (10) years. Please indicate if you have held any ownership interest in this(these) business(es). ANSWER: Defendant is self—employed. 3. State whether you were acting Within the course and scope of any employment, service or agency at the time of the collision, and describe the relationship 0f the persons involved. ANSWER: Defendant was not acting within the course and scope 0f any employment, service 0r agency at the time 0f the incident. 4. State the Style, Court and Cause number 0f any lawsuit you have been a party t0 and the final disposition 0f said suit for the last ten (10) years. ANSWER: Defendant was involved in a bodily injury lawsuit in 2016 in Dallas, Texas and does not recall the style, court 0r case #. 5. Please state any and all traffic Violations you have had in the ten (10) years preceding this DEFENDANT’S OBJECTIONS AND RESPONSES T0 PLAINTIFF’S FIRST SET OF INTERROGATORIES PAGE 3 Cause N0. DC-19-17040 collision. Please indicate ifyou have had your driving license revoked due to any ofthese Violations and the period 0f time your license was revoked. ANSWER: Defendant received a traffic citation in 2016 for running a red light. She also had a traffic violation for driving under the influence, as result 0f this, her license was suspended for a short period. 6. Please state Whether you have had any other motor vehicle accidents in the past ten (10) years. If so, please list the date and location of such accident, the parties involved and a factual description 0f the accident. ANSWER: Defendant had a prior motor vehicle accident in 2016. 7. List all criminal arrests and/or charges against you by giving the cause number; identities 0f all accused; court ofjurisdiction; description 0f criminal charges; date and place of arrest; plea made; date 0ftria1 and/or plea bargain; whether 0r not convicted and 0n What charges; time served; date 0f release from confinement; Whether 0r not granted pardon 0r parole, and if so, date pardon granted 01' parole was 0r will be successfully completed for the last ten (1 0) years. ANSWER: Defendant was arrested in 2017 for shoplifting, and she received probation/ deferred adjudication. 8. State in detail What intoxicatin