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CAUSE NO. 2007-13570
RITA BATES § IN THE DISTRICT COURT OF
rc
vs. § HARRIS COUNTY TEXAS, =a
CENTERPOINT ENERGY, INC. § 334™ JUDICIAL DISTREBY
se
DOCe
DEFENDANT'S FIRST AMENDED ORIGINAL ANSWER:*if ha
ee 2,en
Cm oe
TO THE HONORABLE JUDGE OF SAID COURT: << =
COMES NOW, CENTERPOINT ENERGY RESOURCES CORP., DIBA TEXAS
GAS OPERATIONS (incorrectly sued as CENTERPOINT ENERGY, INC.) and files this
their First Amended Original Answer to the Petition filed by Plaintiff and would respectfully
show unto this Honorable Court as follows:
I
GENERAL DENIAL
4
Defendant herein, pursuant to the provisions of Rule 92 of the Texas Rules
of Civil Procedure, denies each and every, singular and all, the allegations contained in
Plaintiffs Petition, say that the allegations contained therein are not true, either in whole or
in part, and demands strict proof thereof. Defendant further reserves the right to amend
this answer at a future date in accordance with the Texas Rules of Civil Procedure.
N
AFFIRMATIVE DEFENSES
2 Defendant would show that the occurrence in question, as well as the
damages complained of, were proximately caused or producingly caused, in whole or in
part, by the acts, omissions, fault, negligence or other conduct of the Plaintiff.
Seen eS
DQ Ady 3
3. Defendant would show that the occurrence in question, as well as the
damages complained of, were proximately caused or producingly caused, in whole or in
part, by the acts, omissions, fault, negligence, or other conduct of third parties or persons
or entities over whom Defendant has no right of control nor for whom Defendant is legally
responsible. Accordingly, Defendant is entitled to a jury instruction on sole proximate
cause and new and independent or superseding cause.
4 Defendant would show that the Plaintiff failed to mitigate Plaintiffs damages
as required under applicable law.
5 Defendant would show that the injuries and/or damages allegedly sustained
by the Plaintiff herein were caused, in whole or in part, by prior or subsequent medical
problems, injuries, medical conditions or accidents involving or pertaining to the Plaintiff.
6 Defendant would show that in the event that its is found liable to the Plaintiff,
any such liability being expressly denied, then, in that event, Defendant says that it is
entitled to contribution, credit, and/or indemnity, as provided by the laws and statutes of
the State of Texas including, but not limited to, the provisions of Chapter 32 and Chapter
33 of the Texas Civil Practice and Remedies Code, as well as other applicable laws and
statutes.
7. Defendant pleads the affirmative defense of Accord and Satisfaction.
8. Defendant pleads the affirmative defense of Release.
JURY DEMAND
9. Pursuant to the provisions of Rule 216 of the Texas Rules of Civil
Procedure, Defendant Formal makes this demand and application for jury trial in this
lawsuit.
Request For Rule 194 Disclosures
40. Defendant request Plaintiff disclosure within thirty (30) days of the service of
these requests for disclosures the information or material described in Rule 194.2(a)-(I).
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take
nothing by reason of their lawsuit, that Defendant be discharged and released, that
Defendant recover its costs, and have such other and further relief, both general and
special, at law and in equity, to which it may show itself justly entitled.
Respectfully submitted,
DONATO, MINX & BROWN, P.C.
Ll,
Randy Donato ‘SBN 05973300
Mark Pickering SBN 00795591
3200 Southwest Freeway, Suite 2300
Houston, Texas 77027
Telephone: (713) 877-1112
Facsimile: (713) 877-1138
ATTORNEYS FOR DEFENDANT
CENTERPOINT ENERGY
RESOURCES CORP. D/B/A
TEXAS GAS OPERATIONS
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing pleading has been
forwarded to all the following counsel of record via certified mail, retum receipt requested
and/or hand delivery on this 7" day of December, 2007.
Nicholas Dane Listi
1001 West Baker Road, Suite 201
Baytown, Texas 77521
Fax No. 281-427-1570
Ll,
Randy Donato }Mark Pickering
3 (4
DONATO, MINX & BROWN, P.C
ATTORNEYS AT LAW
3200 Southwest Freeway, Suite 2300
Houston, Texas 77027
www.donatominxbrown.com
Telephone: (713) 877-1112 Facsimile: (713) 877-1138
December 7, 2007
Via Hand Delivery wo
Theresa Chang 2
Harris County District Clerk osu
eo
201 Caroline fit,
Houston, TX 77002 ROC:
Mn
ye
RE: Cause No.; 2007-13570; Rita Bates v. CenterPoint Energy inc dU?
agaad
=>
!" fudicial’
District Court of Harris County, Texas Oy
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CAUSE NO. 2007-13570 RITA BATES § IN THE DISTRICT COURT OF rc vs. § HARRIS COUNTY TEXAS, =a CENTERPOINT ENERGY, INC. § 334™ JUDICIAL DISTREBY se DOCe DEFENDANT'S FIRST AMENDED ORIGINAL ANSWER:*if ha ee 2,en Cm oe TO THE HONORABLE JUDGE OF SAID COURT: << = COMES NOW, CENTERPOINT ENERGY RESOURCES CORP., DIBA TEXAS GAS OPERATIONS (incorrectly sued as CENTERPOINT ENERGY, INC.) and files this their First Amended Original Answer to the Petition filed by Plaintiff and would respectfully show unto this Honorable Court as follows: I GENERAL DENIAL 4 Defendant herein, pursuant to the provisions of Rule 92 of the Texas Rules of Civil Procedure, denies each and every, singular and all, the allegations contained in Plaintiffs Petition, say that the allegations contained therein are not true, either in whole or in part, and demands strict proof thereof. Defendant further reserves the right to amend this answer at a future date in accordance with the Texas Rules of Civil Procedure. N AFFIRMATIVE DEFENSES 2 Defendant would show that the occurrence in question, as well as the damages complained of, were proximately caused or producingly caused, in whole or in part, by the acts, omissions, fault, negligence or other conduct of the Plaintiff. Seen eS DQ Ady 3 3. Defendant would show that the occurrence in question, as well as the damages complained of, were proximately caused or producingly caused, in whole or in part, by the acts, omissions, fault, negligence, or other conduct of third parties or persons or entities over whom Defendant has no right of control nor for whom Defendant is legally responsible. Accordingly, Defendant is entitled to a jury instruction on sole proximate cause and new and independent or superseding cause. 4 Defendant would show that the Plaintiff failed to mitigate Plaintiffs damages as required under applicable law. 5 Defendant would show that the injuries and/or damages allegedly sustained by the Plaintiff herein were caused, in whole or in part, by prior or subsequent medical problems, injuries, medical conditions or accidents involving or pertaining to the Plaintiff. 6 Defendant would show that in the event that its is found liable to the Plaintiff, any such liability being expressly denied, then, in that event, Defendant says that it is entitled to contribution, credit, and/or indemnity, as provided by the laws and statutes of the State of Texas including, but not limited to, the provisions of Chapter 32 and Chapter 33 of the Texas Civil Practice and Remedies Code, as well as other applicable laws and statutes. 7. Defendant pleads the affirmative defense of Accord and Satisfaction. 8. Defendant pleads the affirmative defense of Release. JURY DEMAND 9. Pursuant to the provisions of Rule 216 of the Texas Rules of Civil Procedure, Defendant Formal makes this demand and application for jury trial in this lawsuit. Request For Rule 194 Disclosures 40. Defendant request Plaintiff disclosure within thirty (30) days of the service of these requests for disclosures the information or material described in Rule 194.2(a)-(I). PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take nothing by reason of their lawsuit, that Defendant be discharged and released, that Defendant recover its costs, and have such other and further relief, both general and special, at law and in equity, to which it may show itself justly entitled. Respectfully submitted, DONATO, MINX & BROWN, P.C. Ll, Randy Donato ‘SBN 05973300 Mark Pickering SBN 00795591 3200 Southwest Freeway, Suite 2300 Houston, Texas 77027 Telephone: (713) 877-1112 Facsimile: (713) 877-1138 ATTORNEYS FOR DEFENDANT CENTERPOINT ENERGY RESOURCES CORP. D/B/A TEXAS GAS OPERATIONS CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing pleading has been forwarded to all the following counsel of record via certified mail, retum receipt requested and/or hand delivery on this 7" day of December, 2007. Nicholas Dane Listi 1001 West Baker Road, Suite 201 Baytown, Texas 77521 Fax No. 281-427-1570 Ll, Randy Donato }Mark Pickering 3 (4 DONATO, MINX & BROWN, P.C ATTORNEYS AT LAW 3200 Southwest Freeway, Suite 2300 Houston, Texas 77027 www.donatominxbrown.com Telephone: (713) 877-1112 Facsimile: (713) 877-1138 December 7, 2007 Via Hand Delivery wo Theresa Chang 2 Harris County District Clerk osu eo 201 Caroline fit, Houston, TX 77002 ROC: Mn ye RE: Cause No.; 2007-13570; Rita Bates v. CenterPoint Energy inc dU? agaad => !" fudicial’ District Court of Harris County, Texas Oy