Answer: CRUZ, GERARDO vs. CITY MASONRY INC

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                                Filed 10J une 1 P5:02
                                                                                              Loren J ackson - District Clerk
                                                                                              Harris Coun!
                                                                                              ED101) 015808365
                                                                                              By: Natrice Darrington

                                     CAUSE NO. 2010-04488

  GERARDO      CRUZ                                 §           IN THE DISTRICT COURT OF




                                                                HARRIS COUNTY, TEXAS



 CITY MASONRY,        INC.                                      269™ JUDICIAL DISTRICT
                   DEFENDANT’S FIRST AMENDED                             ANSWER

         Defendant,    CITY        MASONRY,         INC.        files   this   Amended      Answer     to

 Plaintiff's Petition and would respectfully show the Court the following:

                                               I

                                    GENERAL             DENIAL

        Pursuant   to Rule    92    of the Texas        Rules     of Civil     Procedure,   Defendant

 denies all allegations contained in the Plaintiff's pleadings and demands proof of

every fact and matter essential to the Plaintiff's case.

                                              IL.

                               AFFIRMATIVE              DEFENSE

        Answering further, without waiving the asserted general denial, Defendant would

show the following affirmative defenses:

       Defendant would show that on the occasion in question Plaintiff was negligent

and that such negligence was a proximate cause of the accident made the basis of this suit

and any damages suffered by Plaintiff.

       Defendant would show that Plaintiff has failed to mitigate his damages.
I.

                        DEFENSES TO PUNITIVE DAMAGES                                    AND
                                ECONOMIC DAMAGES

          Answering     further,     without      waiving          the     foregoing,     Defendant         asserts     all

 provisions of Chapter 41 of the Texas Civil Practice & Remedies Code and all of its

 appropriate subsections which limit the amount of exemplary damages which may be

 awarded, if claimed, and limits recovery of medical expenses to the amount actually paid

 by or on behalf
             of the claimant.

         Answering     further,      without     waiving          the      foregoing,    Defendant      asserts       the

 limitation   on recovery    set forth in Texas             Civil        Practice   &   Remedies     Code       section

 18.091(a) and (b) which limits awards for loss of earning capacity, if made, to net loss

 after federal income tax.




                                                     IV.

                         DENIAL OF CONDITIONS PRECEDENT

        Answering     further,     without     waiving      the     foregoing,      Defendant      denies     that    all

conditions precedent entitling Plaintiff to recovery have occurred.




                                                     Vv.

                                                PRAYER


        Defendant, CITY MASONRY,                   INC. prays that the Plaintiff take nothing by

reason of this suit and that the Plaintiff be discharged with his costs and that the

Defendant be granted all further relief, both general and special, at law and in
equity, to which he may show himself justly entitled.




                                    Respectfully submitted,

                                    FUL       S          DER, LUCERO & WOLLAM,     L.L.P


                                     Vv
                                     RIK R. WOLLAM
                                   TBN: 00788705
                                   TODD C, FEDER
                                   TBN: 00787455
                                   1776 Yorktown, Suite 100
                                   Houston, Texas 77002
                                   Telephone: (713) 225-3400
                                   Facsimile: (713) 225-3300
                                   ATTORNEYS FOR DEFENDANT

                         CERTIFICATE OF SERVICE

       I hereby certify that on the    day of June, 2010 a true and correct copy
of the foregoing was sent or delivered to all parties through counsel of record
pursuant to Rule 21a T.R.C.P.




                                  ERIK R. WOLLAM