On August 28, 2019 a
Jury Demand
was filed
involving a dispute between
Mcdonald, Teresa,
and
Cardona At Bentsen Lakes Hoa, Inc.,
City Of Mcallen,
for Injury or Damage - Other (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Submitted
10/11/2019 10:27 AM
Hidalgo County Clerk
Accepted by: Samantha Martinez
CAUSE NO. CL-;9-4597-B
TERESA MCDONALD, § IN THE COUNTY COURT
§
Plaintiff, §
§
v. § AT LAW NUMBER TWO (2)
§
CITY OF MCALLEN and CARDONA AT §
BENTSEN LAKES HOA INC., §
§
Defendants. § HIDALGO COUNTY, TEXAS
DEFENDANT CARDONAAT BENTSEN LAKES HOA, INC.’S
ORIGINAL ANSWER AND JURY DEMAND
TO THE HONORAELE JUDGE Of SAID COURT:
Now comes CARDONAAT BENTSEN LAKES HOA, INC., a Defendant in the
above-styled and numbered cause and files this, its Original Answer to Plaintiffs Original
Petition, and in answer thereto, would show the Court as follows:
I.
GENERAL DENIAL
Reserving the right to file other and further pleadings, exceptions and denials, this
Defendant denies each and every material allegations contained in Plaintiffs Original
Petition and demands that Plaintiff be required to prove the same by a preponderance of
the evidence in accordance with the laws and Rules of Civil Procedure of the State of
Texas.
II.
RESERVATIONS
This Defendant ftirther specifically pleads and reserves its rights and limitations of
liability guaranteed by Sections 33.001 — 33.017 of the Civil Practice & Remedies Code of
the State of Texas.
Page 1013
Electronically Submitted
10/11/2019 10:27 AM
Hidalgo County Clerk
Accepted by: Samantha Martinez
III.
AFFIRMATWE DEFENSES
A. In the alternative, Defendant would further show that TERESA MCDONALD
was herself guilty of acts, wrongs, omissions each of which constituted
negligence, and which were the sole cause and/or a proximate cause of the
occurrence in question and the alleged injuries and damages.
B. for further answer, Defendant hereby asserts the affirmative defense of
comparative negligence, comparative causation and/or comparative
responsibility, and would ask this Court and the jury to reduce any judgment
against Defendant by the degree of negligence or causation attributed to
TERESA MCDONALD, or to any other person or party, including any settling
persons or parties.
C. In the alternative, Defendant would ft;rther show that the occurrence in
question was the result of and solely caused by the acts and negligence of
persons, factors, instrumentalities, circumstances and conditions over which
this Defendant had not control or right of control.
D. Defendant would further show that it had no duty to warn Plaintiff of any
dangerous condition of the property and that any such condition was open and
obvious.
w.
JURY DEMAND
Defendant demands a jury trial and has heretofore tendered its jury fee herewith.
V.
DISCOVERY PLAN
Defendant hereby requests a Level III Scheduling Order.
VI.
REQUEST FOR DISCLOSURE
Under the authority of Texas Rule of Civil Procedure 194, Defendant Cardona at
Bentsen Lakes HOA, Inc. requests that Plaintiff disclose, within 30 days of the service
of this request, the information or material described in Rule 194.2.
Page 2 of 3
Electronically Submitted
10/11/2019 10:27 AM
Hidalgo County Clerk
Accepted by: Samantha Martinez
VII.
PRAYER
WHEREFORE, PREMISES CONSIDERED, this Defendant prays that upon hearing
hereof, Plaintiff take nothing against this Defendant, that this Defendant go hence with
costs without day, and for such other and furtther relief at law or in equity, to which it
may be entitled.
Respectfully submitted,
ATLAS, HALL & RODRIGUEZ, LLP
P. 0. Drawer 3725 (78502)
818 West Pecan Boulevard
McMlen, Texas 78501
(956) 682-5501
(956) 686-61 Facsimile
By: /?
—
Rex N. ,leach
Texas State Bar No. 12086300
E-Mail: rleachatlashall.corn
Attorney for Defendant Gardona at
Bentsen Lakes HOA, Inc.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document
was served upon all counsel of record in this cause pursuant to the Texas Rules of Civil
Procedure on the ;ith day of October, 2019, to-wit:
Bobby Garcia
LAw OFFIcE Of BOBBY GARCIA, P.C.
P.O. Box5729
McAllen, Texas 78502
(956) 668-7400
(956) 668-7500 — Facsimile
E-Mail: rsalinas@bobbygarcia.com
Attorneyfor Plaintiff
RexN.L ach
Page 3 of 3
Document Filed Date
October 11, 2019
Case Filing Date
August 28, 2019
Category
Injury or Damage - Other (OCA)
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Electronically Submitted 10/11/2019 10:27 AM Hidalgo County Clerk Accepted by: Samantha Martinez CAUSE NO. CL-;9-4597-B TERESA MCDONALD, § IN THE COUNTY COURT § Plaintiff, § § v. § AT LAW NUMBER TWO (2) § CITY OF MCALLEN and CARDONA AT § BENTSEN LAKES HOA INC., § § Defendants. § HIDALGO COUNTY, TEXAS DEFENDANT CARDONAAT BENTSEN LAKES HOA, INC.’S ORIGINAL ANSWER AND JURY DEMAND TO THE HONORAELE JUDGE Of SAID COURT: Now comes CARDONAAT BENTSEN LAKES HOA, INC., a Defendant in the above-styled and numbered cause and files this, its Original Answer to Plaintiffs Original Petition, and in answer thereto, would show the Court as follows: I. GENERAL DENIAL Reserving the right to file other and further pleadings, exceptions and denials, this Defendant denies each and every material allegations contained in Plaintiffs Original Petition and demands that Plaintiff be required to prove the same by a preponderance of the evidence in accordance with the laws and Rules of Civil Procedure of the State of Texas. II. RESERVATIONS This Defendant ftirther specifically pleads and reserves its rights and limitations of liability guaranteed by Sections 33.001 — 33.017 of the Civil Practice & Remedies Code of the State of Texas. Page 1013 Electronically Submitted 10/11/2019 10:27 AM Hidalgo County Clerk Accepted by: Samantha Martinez III. AFFIRMATWE DEFENSES A. In the alternative, Defendant would further show that TERESA MCDONALD was herself guilty of acts, wrongs, omissions each of which constituted negligence, and which were the sole cause and/or a proximate cause of the occurrence in question and the alleged injuries and damages. B. for further answer, Defendant hereby asserts the affirmative defense of comparative negligence, comparative causation and/or comparative responsibility, and would ask this Court and the jury to reduce any judgment against Defendant by the degree of negligence or causation attributed to TERESA MCDONALD, or to any other person or party, including any settling persons or parties. C. In the alternative, Defendant would ft;rther show that the occurrence in question was the result of and solely caused by the acts and negligence of persons, factors, instrumentalities, circumstances and conditions over which this Defendant had not control or right of control. D. Defendant would further show that it had no duty to warn Plaintiff of any dangerous condition of the property and that any such condition was open and obvious. w. JURY DEMAND Defendant demands a jury trial and has heretofore tendered its jury fee herewith. V. DISCOVERY PLAN Defendant hereby requests a Level III Scheduling Order. VI. REQUEST FOR DISCLOSURE Under the authority of Texas Rule of Civil Procedure 194, Defendant Cardona at Bentsen Lakes HOA, Inc. requests that Plaintiff disclose, within 30 days of the service of this request, the information or material described in Rule 194.2. Page 2 of 3 Electronically Submitted 10/11/2019 10:27 AM Hidalgo County Clerk Accepted by: Samantha Martinez VII. PRAYER WHEREFORE, PREMISES CONSIDERED, this Defendant prays that upon hearing hereof, Plaintiff take nothing against this Defendant, that this Defendant go hence with costs without day, and for such other and furtther relief at law or in equity, to which it may be entitled. Respectfully submitted, ATLAS, HALL & RODRIGUEZ, LLP P. 0. Drawer 3725 (78502) 818 West Pecan Boulevard McMlen, Texas 78501 (956) 682-5501 (956) 686-61 Facsimile By: /? — Rex N. ,leach Texas State Bar No. 12086300 E-Mail: rleachatlashall.corn Attorney for Defendant Gardona at Bentsen Lakes HOA, Inc. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document was served upon all counsel of record in this cause pursuant to the Texas Rules of Civil Procedure on the ;ith day of October, 2019, to-wit: Bobby Garcia LAw OFFIcE Of BOBBY GARCIA, P.C. P.O. Box5729 McAllen, Texas 78502 (956) 668-7400 (956) 668-7500 — Facsimile E-Mail: rsalinas@bobbygarcia.com Attorneyfor Plaintiff RexN.L ach Page 3 of 3