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CAUSE NO. 2009-82162
TEXAS FARMERS INSURANCE IN THE DISTRICT COURT OF
COMPANY as subrogee of SFIL ED
ADAM & TICIA WERTMAN Loren Jackson VoD.
District Clerk Rea .&
Plaintiff Bee
§ JUL 14 2010 3
LO
VS. Tim
Harris County, Texas.
2RIS come.rey 1ASD,
By. § 4
LAPOLLA INDUSTRIES, INC. and Deputy a
TODD JETT, INDIVIDUALLY AND § Nw. uP
d/b/a AIRTIGHT INSULATION OF Z
SOUTH TEXAS §
Defendants § 113™ JUDICIAL DISTRI
CROSS-DEFENDANT LAPOLLA INDUSTRIES, INC.’S ORIGINAL ANSWER TO
CROSS-PLAINTIFF TODD JETT, INDIVIDUALLY AND d/b/a AIRTIGHT
INSULATION OF SOUTH TEXAS’ CROSS ACTION
YASAS34
TO THE HONORABLE JUDGE OF SAID COURT:
Lew
COMES NOW Defendant/Cross-Defendant LAPOLLA INDUSTRIES INC. (Lapolla)
and files it’s Original Answer in response to the Cross-Action filed against it, and in support
hereof shows the Court the following:
I
Subject to such stipulations as may hereafter be made, Lapolla asserts a general denial as
is authorized by Rule 92 of the Texas Rules of Civil Procedure, and respectfully demands that
Cross-plaintiff be required to prove charges and allegations against Lapolla by a preponderance
of the evidence as is required by the Constitution and laws of the State of Texas.
I.
Pleading further, and in the alternative, at the time and on the occasion in question, the
damages complained of herein were proximately caused or producingly caused, in whole or in
part, by the acts, omissions, fault, negligence, responsibility, or other conduct on the part of
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Cross-Plaintiff, other third-parties, settling persons, and/or responsible third-parties for whom
this Lapolla is not legally responsible. By reason thereof, Lapolla asserts that its legal liability
herein, if any, is as prescribed and set forth in the Texas Civil Practice & Remedies Code,
§33.001 et seg.
Il.
Pleading further, and in the alternative, Lapolla pleads application of Chapters 32 and 33
of the Texas Civil Practice & Remedies Code and seeks a comparison of its responsibilities, if
any, with Plaintiffs, Cross-Plaintiff, all settling Defendants, and all responsible non-parties.
Iv.
Lapolla respectfully reserves the right to amend this Answer to Cross-Plaintiff’s
allegations after it has had an opportunity to more closely investigate the claims, as is its right
and privilege under the Texas Rules of Civil Procedure and the laws of the State of Texas.
Vv
Lapolla hereby gives notice of intent to utilize items produced in discovery in the trial of
this matter and the authenticity of said items is self-proven as per TRCP 193.7.
VI.
Furthermore, Lapolla respectfully demands a trial by jury.
WHEREFORE, PREMISES CONSIDERED, Defendant/Cross-Defendant LAPOLLA
INDUSTRIES INC. prays that it be released, discharged and acquitted of the charges filed
against it, that Cross-Plaintiff take nothing by reason of this suit, and for such other and further
relief to which LAPOLLA INDUSTRIES INC. may be justly entitled.
Respectfully submitted,
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~ eee peer
ten
NNDLIN & ASSOCIATES
AY Lio Ut |
ary Szilg¢'
StateBafaf No. 1 Fetbo0
J. Kevin Shaw
State Bar No. 18144700
2777 Allen Parkway, Suite 370
Houston, Texas 77019
Tel: 713-831-4800
Fax: 713-831-4848
ATTORNEYS FOR DEFENDANT,
LAPOLLA INDUSTRIES, INC.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the above and foregoing Defendant LaPolla
Industries, Inc.’s Original Answer to Cross-Plaintiff Todd Jett, Individually and d/b/a Airtight
Insulation of South Texas’ Cross-Action has been forwarded by Certified Mail, Return Receipt
Requested, Fax, Hand Delivery and/or Regular Mail, on this the “nhs jay of July, 2010.
Ronnie E. Pfeiffer via fax: 713-789-0037
RONNIE E. PFEIFFER & ASSOCIATES
2825 Wilcrest, Suite 318
Houston, Texas 77042
Teresa C, Baker via fax: 713-993-2308
TUCKER, TAUNTON, SNYDER & SLADE
10370 Richmond Avenue, Suite 1400
Houston, Texas 77042
Mary Szi) ryi-O:
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Sone —— — nem c CAUSE NO. 2009-82162 TEXAS FARMERS INSURANCE IN THE DISTRICT COURT OF COMPANY as subrogee of SFIL ED ADAM & TICIA WERTMAN Loren Jackson VoD. District Clerk Rea .& Plaintiff Bee § JUL 14 2010 3 LO VS. Tim Harris County, Texas. 2RIS come.rey 1ASD, By. § 4 LAPOLLA INDUSTRIES, INC. and Deputy a TODD JETT, INDIVIDUALLY AND § Nw. uP d/b/a AIRTIGHT INSULATION OF Z SOUTH TEXAS § Defendants § 113™ JUDICIAL DISTRI CROSS-DEFENDANT LAPOLLA INDUSTRIES, INC.’S ORIGINAL ANSWER TO CROSS-PLAINTIFF TODD JETT, INDIVIDUALLY AND d/b/a AIRTIGHT INSULATION OF SOUTH TEXAS’ CROSS ACTION YASAS34 TO THE HONORABLE JUDGE OF SAID COURT: Lew COMES NOW Defendant/Cross-Defendant LAPOLLA INDUSTRIES INC. (Lapolla) and files it’s Original Answer in response to the Cross-Action filed against it, and in support hereof shows the Court the following: I Subject to such stipulations as may hereafter be made, Lapolla asserts a general denial as is authorized by Rule 92 of the Texas Rules of Civil Procedure, and respectfully demands that Cross-plaintiff be required to prove charges and allegations against Lapolla by a preponderance of the evidence as is required by the Constitution and laws of the State of Texas. I. Pleading further, and in the alternative, at the time and on the occasion in question, the damages complained of herein were proximately caused or producingly caused, in whole or in part, by the acts, omissions, fault, negligence, responsibility, or other conduct on the part of L:\A-MSz-0\04262\PLEADINGS\Answer-X-Action.01 .doc/sel Page | Ltn ~ sn aera —— —— a —_—_—_— Cc Cross-Plaintiff, other third-parties, settling persons, and/or responsible third-parties for whom this Lapolla is not legally responsible. By reason thereof, Lapolla asserts that its legal liability herein, if any, is as prescribed and set forth in the Texas Civil Practice & Remedies Code, §33.001 et seg. Il. Pleading further, and in the alternative, Lapolla pleads application of Chapters 32 and 33 of the Texas Civil Practice & Remedies Code and seeks a comparison of its responsibilities, if any, with Plaintiffs, Cross-Plaintiff, all settling Defendants, and all responsible non-parties. Iv. Lapolla respectfully reserves the right to amend this Answer to Cross-Plaintiff’s allegations after it has had an opportunity to more closely investigate the claims, as is its right and privilege under the Texas Rules of Civil Procedure and the laws of the State of Texas. Vv Lapolla hereby gives notice of intent to utilize items produced in discovery in the trial of this matter and the authenticity of said items is self-proven as per TRCP 193.7. VI. Furthermore, Lapolla respectfully demands a trial by jury. WHEREFORE, PREMISES CONSIDERED, Defendant/Cross-Defendant LAPOLLA INDUSTRIES INC. prays that it be released, discharged and acquitted of the charges filed against it, that Cross-Plaintiff take nothing by reason of this suit, and for such other and further relief to which LAPOLLA INDUSTRIES INC. may be justly entitled. Respectfully submitted, L:AA-MSz-0\04262\PLEADINGS\Answer-X-Action.01.doc/sel Page 2 ~ eee peer ten NNDLIN & ASSOCIATES AY Lio Ut | ary Szilg¢' StateBafaf No. 1 Fetbo0 J. Kevin Shaw State Bar No. 18144700 2777 Allen Parkway, Suite 370 Houston, Texas 77019 Tel: 713-831-4800 Fax: 713-831-4848 ATTORNEYS FOR DEFENDANT, LAPOLLA INDUSTRIES, INC. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing Defendant LaPolla Industries, Inc.’s Original Answer to Cross-Plaintiff Todd Jett, Individually and d/b/a Airtight Insulation of South Texas’ Cross-Action has been forwarded by Certified Mail, Return Receipt Requested, Fax, Hand Delivery and/or Regular Mail, on this the “nhs jay of July, 2010. Ronnie E. Pfeiffer via fax: 713-789-0037 RONNIE E. PFEIFFER & ASSOCIATES 2825 Wilcrest, Suite 318 Houston, Texas 77042 Teresa C, Baker via fax: 713-993-2308 TUCKER, TAUNTON, SNYDER & SLADE 10370 Richmond Avenue, Suite 1400 Houston, Texas 77042 Mary Szi) ryi-O: LAA-MSz-0\04262\PLEADINGS\Answer-X-Action.01 .doc/sel Page 3 _ - ~