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STROM AVIATION, INC., § IN THE DISTRICT COURT
JEFFREY WAYNE ROBINSON,
§ DALLAS COUNTY, TEXAS
ROBINSON AIRCRAFT INTERIORS, INC., §
Defendant and Third Party Plaintiff, §
DANIEL G. WROLSON, §
Third Party Defendant. § 95th JUDICIAL DISTRICT
THIRD PARTY DEFENDANT DANIEL G. WROLSON’S ORIGINAL ANSWER
TO THIRD PARTY PETITION AND REQUEST FOR DISCLOSURE
Wrolson (“Wrolson”) files this Original Answer to the
Interiors, Inc. (“RAI”) and
GENERAL DENIAL
e 92, Wrolson generally denies each and every,
all and singular, the material allegations set forth in RAI’s Third Party Petition and demands
strict proof thereof.
II. AFFIRMATIVE DEFENSES
Pursuant to Rule 94 of the Texas Rules of Civil Procedure, Wrolson
claims, asserts that Strom Aviation, Inc. (“Strom”) has never forgiven RAI’s debt to Strom, and
asserts the following affirmative defenses:
ORIGINAL ANSWER TO THIRD PARTY PETITION
AND REQUEST FOR DISCLOSURE Page 1
1030426/12106737.2
1. RAI’s claims are barred, in whole or in part, by RAI’s prior material breach of the
Security Agreement, the Standard Service Agreement, and/or the Financial Advisor Agreement.
2. RAI’s claims are barred, in whole or in part, by RAI’s failure to pay the
outstanding debt owed to Strom.
3. RAI’s claims are barred, in whole or in part, by the existence of a written contract.
4. RAI’s claims are barred, in whole or in part, by the conduct of RAI (or those
5. To the extent any harm to RAI is not caused by its own conduct, any harm to RAI
d parties other than Wrolson or Strom.
6. RAI’s claims are barred, in whole or in part, by proportionate responsibility
pursuant to Tex. Civ. Prac. & Rem. Code Chapter 33.
7. RAI’s claims are barred, in
8. RAI’s claims are barred, in whole or in part, by the doctrine of justification and/or
privilege.
9. RAI’s claims are barred, in
10. RAI’s claims are barred, in whole or
11. RAI’s claims are barred, in whole or in part, by failure of condition precedent.
12. RAI’s claims are barred, in whole or
13. RAI’s claims are barred, in whole or
14. RAI’s claims are barred, in whole or
15. RAI’s claims are barred, in whole or
16. RAI’s claims are barred, in w
17. RAI’s claims are barred, in w
ORIGINAL ANSWER TO THIRD PARTY PETITION
AND REQUEST FOR DISCLOSURE Page 2
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18. RAI’s claims are barred, in
19. RAI’s claims are barred, in whole or in
20. RAI’s claims are barred, in whole or in part, because RAI failed to mitigate its
damages, if any.
21. RAI’s claims lack the requisite scienter to support a claim for exemplary
damages.
22. RAI’s claims for exemplary damages are barred, in whole or in part, by the
criminal acts of Joe and Jeffrey Robinson pursuant to Tex. Civ. Prac. & Rem. Code §41.005.
23. In the unlikely event Wrolson has any liability to RAI, which Wrolson expressly
denies, RAI’s exemplary damages are limited by the provisions of Tex. Civ. Prac. & Rem. Code
et seq
24. An award of exemplary damages to RAI would be unconstitutional under the
following provisions of the Constitution of the United States and the Constitution of Texas:
a. the prohibition on excessive fines. U.S. Const. amend. VIII; Tex. Const. art. I,
b. the requirement of due process. U.S. Const. amends. V, XIV; Tex. Const. art. I,
c. the requirement of equal protection under law. U.S. Const. amend. XIV; Tex.
d. the prohibition of ex post facto and retroactive laws. U.S. Const. art. I, Sec. 10;
25. RAI’s claims are barred, in whole or in part, by the lack of sufficient demand.
26. RAI’s claim for attorney’s fees is barred by its failure to make a proper
presentment of its claim to Wrolson.
ORIGINAL ANSWER TO THIRD PARTY PETITION
AND REQUEST FOR DISCLOSURE Page 3
1030426/12106737.2
III. ATTORNEY’S FEES
Wrolson is entitled to, and hereby requests that he be awarded, costs and reasonable and
necessary attorney’s fees as are equitable and just pursuant to Tex. Civ. Prac. & Rem. Code
IV. JURY DEMAND
Wrolson hereby requests that all claims in this case be tried by a jury.
V. CONCLUSION AND PRAYER FOR RELIEF
WHEREFORE, Third Party Defendant Wrolson prays that Third Party Plaintiff RAI take
nothing by way of its claims herein; that Wrolson be awarded his court costs, attorney’s fees, and
other expenses incurred in defending against RAI’s claims in this action; and that Wrolson be
further relief to which he may be justly entitled.
VI. REQUEST FOR DISCLOSURE
Under Texas Rule of Civil Procedure 194, Wrolson requests that RAI disclose, within 30
days of the service of this request, the information or material described in Rule 194.2(a) – (l).
Respectfully submitted,
/s/ W. Alan Wright
W. Alan Wright
State Bar No. 22062700
OWNSEND TOCKTON
214-922-7101 Facsimile
ATTORNEYS FOR THIRD PARTY DEFENDANT
DANIEL G. WROLSON
ORIGINAL ANSWER TO THIRD PARTY PETITION
AND REQUEST FOR DISCLOSURE Page 4
1030426/12106737.2
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument was served on
counsel of record listed below via electronic service in accordance with the Texas Rules of Civil
Procedure on the 18th day of November, 2016.
Thomas E. Kurth Carolyn Raines
State Bar No. 11768500 State Bar No. 00787852
thomas.kurth@haynesboone.com craines@godwinlaw.com
Debra J. McComas Jenny L. Martinez
State Bar No. 00794261 State Bar No. 24013109
debbie.mccomas@haynesboone.com jenny.martinez@godwinlaw.com
Haynes and Boone, LLP ODWIN OWMAN ARTINEZ
2323 Victory Avenue, Suite 700 1201 Elm Street, Suite 1700
Dallas, Texas 75219 Dallas, Texas 75270
Attorneys for Plaintiff Attorneys for Defendants Robinson Aircraft
Strom Aviation, Inc. Interiors, Inc., Aviation Consulting
Experts, Jeffrey Wayne Robinson, and Joe
John R. Galvin Wayne Robinson
State Bar No. 24032340
jrg@lbpcglobal.com
EWIS ACKHAUS
5501 LBJ Freeway, Suite 800
Dallas, Texas 75240
Attorneys for Defendant
Harbor America Central, Inc.
/s/ W. Alan Wright
W. Alan Wright
ORIGINAL ANSWER TO THIRD PARTY PETITION
AND REQUEST FOR DISCLOSURE Page 5
1030426/12106737.2
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STROM AVIATION, INC., § IN THE DISTRICT COURT JEFFREY WAYNE ROBINSON, § DALLAS COUNTY, TEXAS ROBINSON AIRCRAFT INTERIORS, INC., § Defendant and Third Party Plaintiff, § DANIEL G. WROLSON, § Third Party Defendant. § 95th JUDICIAL DISTRICT THIRD PARTY DEFENDANT DANIEL G. WROLSON’S ORIGINAL ANSWER TO THIRD PARTY PETITION AND REQUEST FOR DISCLOSURE Wrolson (“Wrolson”) files this Original Answer to the Interiors, Inc. (“RAI”) and GENERAL DENIAL e 92, Wrolson generally denies each and every, all and singular, the material allegations set forth in RAI’s Third Party Petition and demands strict proof thereof. II. AFFIRMATIVE DEFENSES Pursuant to Rule 94 of the Texas Rules of Civil Procedure, Wrolson claims, asserts that Strom Aviation, Inc. (“Strom”) has never forgiven RAI’s debt to Strom, and asserts the following affirmative defenses: ORIGINAL ANSWER TO THIRD PARTY PETITION AND REQUEST FOR DISCLOSURE Page 1 1030426/12106737.2 1. RAI’s claims are barred, in whole or in part, by RAI’s prior material breach of the Security Agreement, the Standard Service Agreement, and/or the Financial Advisor Agreement. 2. RAI’s claims are barred, in whole or in part, by RAI’s failure to pay the outstanding debt owed to Strom. 3. RAI’s claims are barred, in whole or in part, by the existence of a written contract. 4. RAI’s claims are barred, in whole or in part, by the conduct of RAI (or those 5. To the extent any harm to RAI is not caused by its own conduct, any harm to RAI d parties other than Wrolson or Strom. 6. RAI’s claims are barred, in whole or in part, by proportionate responsibility pursuant to Tex. Civ. Prac. & Rem. Code Chapter 33. 7. RAI’s claims are barred, in 8. RAI’s claims are barred, in whole or in part, by the doctrine of justification and/or privilege. 9. RAI’s claims are barred, in 10. RAI’s claims are barred, in whole or 11. RAI’s claims are barred, in whole or in part, by failure of condition precedent. 12. RAI’s claims are barred, in whole or 13. RAI’s claims are barred, in whole or 14. RAI’s claims are barred, in whole or 15. RAI’s claims are barred, in whole or 16. RAI’s claims are barred, in w 17. RAI’s claims are barred, in w ORIGINAL ANSWER TO THIRD PARTY PETITION AND REQUEST FOR DISCLOSURE Page 2 1030426/12106737.2 18. RAI’s claims are barred, in 19. RAI’s claims are barred, in whole or in 20. RAI’s claims are barred, in whole or in part, because RAI failed to mitigate its damages, if any. 21. RAI’s claims lack the requisite scienter to support a claim for exemplary damages. 22. RAI’s claims for exemplary damages are barred, in whole or in part, by the criminal acts of Joe and Jeffrey Robinson pursuant to Tex. Civ. Prac. & Rem. Code §41.005. 23. In the unlikely event Wrolson has any liability to RAI, which Wrolson expressly denies, RAI’s exemplary damages are limited by the provisions of Tex. Civ. Prac. & Rem. Code et seq 24. An award of exemplary damages to RAI would be unconstitutional under the following provisions of the Constitution of the United States and the Constitution of Texas: a. the prohibition on excessive fines. U.S. Const. amend. VIII; Tex. Const. art. I, b. the requirement of due process. U.S. Const. amends. V, XIV; Tex. Const. art. I, c. the requirement of equal protection under law. U.S. Const. amend. XIV; Tex. d. the prohibition of ex post facto and retroactive laws. U.S. Const. art. I, Sec. 10; 25. RAI’s claims are barred, in whole or in part, by the lack of sufficient demand. 26. RAI’s claim for attorney’s fees is barred by its failure to make a proper presentment of its claim to Wrolson. ORIGINAL ANSWER TO THIRD PARTY PETITION AND REQUEST FOR DISCLOSURE Page 3 1030426/12106737.2 III. ATTORNEY’S FEES Wrolson is entitled to, and hereby requests that he be awarded, costs and reasonable and necessary attorney’s fees as are equitable and just pursuant to Tex. Civ. Prac. & Rem. Code IV. JURY DEMAND Wrolson hereby requests that all claims in this case be tried by a jury. V. CONCLUSION AND PRAYER FOR RELIEF WHEREFORE, Third Party Defendant Wrolson prays that Third Party Plaintiff RAI take nothing by way of its claims herein; that Wrolson be awarded his court costs, attorney’s fees, and other expenses incurred in defending against RAI’s claims in this action; and that Wrolson be further relief to which he may be justly entitled. VI. REQUEST FOR DISCLOSURE Under Texas Rule of Civil Procedure 194, Wrolson requests that RAI disclose, within 30 days of the service of this request, the information or material described in Rule 194.2(a) – (l). Respectfully submitted, /s/ W. Alan Wright W. Alan Wright State Bar No. 22062700 OWNSEND TOCKTON 214-922-7101 Facsimile ATTORNEYS FOR THIRD PARTY DEFENDANT DANIEL G. WROLSON ORIGINAL ANSWER TO THIRD PARTY PETITION AND REQUEST FOR DISCLOSURE Page 4 1030426/12106737.2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument was served on counsel of record listed below via electronic service in accordance with the Texas Rules of Civil Procedure on the 18th day of November, 2016. Thomas E. Kurth Carolyn Raines State Bar No. 11768500 State Bar No. 00787852 thomas.kurth@haynesboone.com craines@godwinlaw.com Debra J. McComas Jenny L. Martinez State Bar No. 00794261 State Bar No. 24013109 debbie.mccomas@haynesboone.com jenny.martinez@godwinlaw.com Haynes and Boone, LLP ODWIN OWMAN ARTINEZ 2323 Victory Avenue, Suite 700 1201 Elm Street, Suite 1700 Dallas, Texas 75219 Dallas, Texas 75270 Attorneys for Plaintiff Attorneys for Defendants Robinson Aircraft Strom Aviation, Inc. Interiors, Inc., Aviation Consulting Experts, Jeffrey Wayne Robinson, and Joe John R. Galvin Wayne Robinson State Bar No. 24032340 jrg@lbpcglobal.com EWIS ACKHAUS 5501 LBJ Freeway, Suite 800 Dallas, Texas 75240 Attorneys for Defendant Harbor America Central, Inc. /s/ W. Alan Wright W. Alan Wright ORIGINAL ANSWER TO THIRD PARTY PETITION AND REQUEST FOR DISCLOSURE Page 5 1030426/12106737.2