On December 11, 2007 a
Answer
was filed
involving a dispute between
Mcdaniel, A'Leta (Individually And As Next Friend,
Mcdaniel, A'Leta(Individually And As Next Of Friend Of Carney Mcdaniel,
Mcdaniel, Billy Jack (Individually And As Next Fri,
Mcdaniel, Billy Jack (Individually And As Next Of Friend Of Carney,
Mcdaniel, Carney,
New Hampshire Insurance Company,
Sonerra Resources Corporation,
and
Advanced Polymer Techologies Iic,
Harbor Products Inc,
Kirkhill Manufacturing Comapny,
Kmc Rubber Products,
Smith International Inc,
Sonerra Resources Corporation,
Helmerich & Payne International Drilling Co,
Mcdaniel, A'Leta,
Mcdaniel, Billy Jack,
for DAMAGES (OTH)
in the District Court of Harris County.
Preview
(o
CAUSE NO, 2007-75537
BILLY JACK MCDANIEL, A’LETA § IN THE DISTRICT COURT
MCDANIEL INDIVIDUALLY AND AS
NEXT FRIEND OF CARNEY ze
MCDANIEL, A MINOR
32
eh we
VS. OF HARRIS COUNTY, mee S E,
2 ES
SMITH INTERNATIONAL, INC. oes °
SONERRA RESOURCES CORPORATIONS 615T JUDICIAL DISTRICT Wale
DEFENDANT, SONERRA RESOURCES CORPORATION’S SPECIAL Extebaon
Zoe,
4 eo
e 4 ©
AND ANSWER TO PLAINTIFFS’ FIRST AMENDED PETITION
+
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, SONERRA RESOURCES CORPORATION, Defendant, in the above-
entitled and numbered cause and file this its Special Exception and Original Answer to Plaintiffs’
First Amended Petition on file herein and for such answer would respectfully show the Court as
follows
SPECIAL EXCEPTIONS
Defendant specially excepts to Paragraph X of Plaintiffs’ First Amended Petition in that it
fails to allege a specific dollar amount of monetary loss suffered by Plaintiffs. Because of this failure
to adequately provide notice of Plaintiffs’ specific complaints, Defendant is unable to prepare its
defenses herein. Defendant requests that this court require Plaintiffs to re-plead. In the event that
Plaintiffs fail to do so, Defendant requests that this court strike Plaintiffs’ damages.
I
GENERAL DENIAL
Defendant denies, all and singular, each and every allegation contained in Plaintiffs’ First
Amended Petition and says that the same are untrue in whole or in part, and demands strict proof
oe
thereof.
XN ry
RECORDER'S MEMORANDUM ys
‘This Instrument
is of poor quality 7
IL
For further answer Defendant would show that Plaintiffs’ claims for medical and health care
expenses are limited to the amount actually paid or incurred by or on behalf of Plaintiffs. See
§41.0105 of the Texas Civil Practice & Remedies
Code.
0.
SOLE CAUSE
Alternatively, Defendant would show the court that the accident in question was solely the
result of the acts and/or omissions of parties and persons over which this Defendant exercised no
control, either contractually or otherwise.
IV
Defendant asserts that Plaintiffs must prove by clear and convincing evidence that the harm
caused by the Defendant was caused as a result of fraud, malice or gross negligence, pursuant to
Section 41.003 of the Civil Practice & Remedies Code.
Defendant asserts that any recovery for exemplary damages is limited by Section 41.007 of
the Civil Practice & Remedies Code.
JURY DEMAND
Defendant hereby requests a trial by jury.
WHEREFORE, premises considered, Defendant, SONERRA RESOURCES
CORPORATION, prays that the Plaintiffs take nothing by this suit and that Defendant be
discharged herein with its costs, and for such other and further relief to which Defendant may show
itself to be justly entitled.
Defendant’s Answer to Plaintiffs’ First Amended Petition Page 2
ad
a
Respectfully submitted,
THE PARKER FIRM, P.C.
112 E. Line St., Ste. 202
Tyler, Texas 75702
Telephone: 903-595-4:
Facsimile;903-5' -2864
By: A 1 OW
D-PARKER
ite Bar No. 00786153
. TODD PARKER
State Bar No. 00794424
ATTORNEYS FOR DEFENDANT
CERTIFI ATE OF SERVICE
Thereby certify that a true copy of the above and foregoing instrument has been served
upon all known counsel of record in accordance with the Texas Rules of Ci Procedure on this
day of February, 2008.
J. PARKER
Defendant’s Answer to Plaintiffs’ First Amended Petition Page 3
aa-
“\
J. Chad Parker
Ks
Board Certified Personal Injury Trial Law
Texas Board of Legal Specialization
cparker@theparkerfirm.net
S=PARKER FIRMec. acne
February 27, 2008 fee ~&
ao aes.
NLE Ter
Ms. Theresa Chang ae
cr
Pr
ose “5. ut
bi Harris County District Clerk
P.O. Box 4651
ret
soe
Houston, Tx 77210
ie
ae,
Su i
Re: 2007-75537; Billy Jack McDaniel, A’Leta McDaniel, Individu:
a as Next Friend of Carney McDaniel, A Minor v. Smith International,
Ls tis
bi Inc. and Sonerra Resources Corporation in the 61" Judicial District
court of Harris County, Texas; PF File No. 50108
Dear Ms. Chang:
Enclosed please find the original and one copy of (1) Defendant, Sonerra
Resources Corporation’s Answer to Plaintiffs’ First Amended Petition; and, (2)
Defendant’s Certificate ofWritten Discovery. Please acknowledge your receipt and filing
Pa of the above instrument(s) by affixing your file mark to the extra copy and returning it
Meo to me in the stamped and addressed envelope provided. By copy of this letter, a true and
correct copy of the foregoing has been forwarded to all counsel this date via facsimile
and/or certified mail, return receipt requested. Thank you for your assistance in this
matter.
Hi
U Sincerely, -
seen PARKER
FI P.C.
had Parker
bts
se JCP/mre
Enclosure
Be
bf
se:
ece
CC: Douglas Ketterman Via CM/RRR 7007 0710 0000 9914 1679
Jeffrey Davis ia CM/R: 7007 0710 10.99141
E. Wayne Shuffield Vi 7007 0 9.
Pets
Sai 112 East Line Street | Suite 202 | Tyler, TX 75702 | P: 903.595.4541 | F: 903.595.2864 | www.theparkerfirm.net
Document Filed Date
March 03, 2008
Case Filing Date
December 11, 2007
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
(o CAUSE NO, 2007-75537 BILLY JACK MCDANIEL, A’LETA § IN THE DISTRICT COURT MCDANIEL INDIVIDUALLY AND AS NEXT FRIEND OF CARNEY ze MCDANIEL, A MINOR 32 eh we VS. OF HARRIS COUNTY, mee S E, 2 ES SMITH INTERNATIONAL, INC. oes ° SONERRA RESOURCES CORPORATIONS 615T JUDICIAL DISTRICT Wale DEFENDANT, SONERRA RESOURCES CORPORATION’S SPECIAL Extebaon Zoe, 4 eo e 4 © AND ANSWER TO PLAINTIFFS’ FIRST AMENDED PETITION + TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, SONERRA RESOURCES CORPORATION, Defendant, in the above- entitled and numbered cause and file this its Special Exception and Original Answer to Plaintiffs’ First Amended Petition on file herein and for such answer would respectfully show the Court as follows SPECIAL EXCEPTIONS Defendant specially excepts to Paragraph X of Plaintiffs’ First Amended Petition in that it fails to allege a specific dollar amount of monetary loss suffered by Plaintiffs. Because of this failure to adequately provide notice of Plaintiffs’ specific complaints, Defendant is unable to prepare its defenses herein. Defendant requests that this court require Plaintiffs to re-plead. In the event that Plaintiffs fail to do so, Defendant requests that this court strike Plaintiffs’ damages. I GENERAL DENIAL Defendant denies, all and singular, each and every allegation contained in Plaintiffs’ First Amended Petition and says that the same are untrue in whole or in part, and demands strict proof oe thereof. XN ry RECORDER'S MEMORANDUM ys ‘This Instrument is of poor quality 7 IL For further answer Defendant would show that Plaintiffs’ claims for medical and health care expenses are limited to the amount actually paid or incurred by or on behalf of Plaintiffs. See §41.0105 of the Texas Civil Practice & Remedies Code. 0. SOLE CAUSE Alternatively, Defendant would show the court that the accident in question was solely the result of the acts and/or omissions of parties and persons over which this Defendant exercised no control, either contractually or otherwise. IV Defendant asserts that Plaintiffs must prove by clear and convincing evidence that the harm caused by the Defendant was caused as a result of fraud, malice or gross negligence, pursuant to Section 41.003 of the Civil Practice & Remedies Code. Defendant asserts that any recovery for exemplary damages is limited by Section 41.007 of the Civil Practice & Remedies Code. JURY DEMAND Defendant hereby requests a trial by jury. WHEREFORE, premises considered, Defendant, SONERRA RESOURCES CORPORATION, prays that the Plaintiffs take nothing by this suit and that Defendant be discharged herein with its costs, and for such other and further relief to which Defendant may show itself to be justly entitled. Defendant’s Answer to Plaintiffs’ First Amended Petition Page 2 ad a Respectfully submitted, THE PARKER FIRM, P.C. 112 E. Line St., Ste. 202 Tyler, Texas 75702 Telephone: 903-595-4: Facsimile;903-5' -2864 By: A 1 OW D-PARKER ite Bar No. 00786153 . TODD PARKER State Bar No. 00794424 ATTORNEYS FOR DEFENDANT CERTIFI ATE OF SERVICE Thereby certify that a true copy of the above and foregoing instrument has been served upon all known counsel of record in accordance with the Texas Rules of Ci Procedure on this day of February, 2008. J. PARKER Defendant’s Answer to Plaintiffs’ First Amended Petition Page 3 aa- “\ J. Chad Parker Ks Board Certified Personal Injury Trial Law Texas Board of Legal Specialization cparker@theparkerfirm.net S=PARKER FIRMec. acne February 27, 2008 fee ~& ao aes. NLE Ter Ms. Theresa Chang ae cr Pr ose “5. ut bi Harris County District Clerk P.O. Box 4651 ret soe Houston, Tx 77210 ie ae, Su i Re: 2007-75537; Billy Jack McDaniel, A’Leta McDaniel, Individu: a as Next Friend of Carney McDaniel, A Minor v. Smith International, Ls tis bi Inc. and Sonerra Resources Corporation in the 61" Judicial District court of Harris County, Texas; PF File No. 50108 Dear Ms. Chang: Enclosed please find the original and one copy of (1) Defendant, Sonerra Resources Corporation’s Answer to Plaintiffs’ First Amended Petition; and, (2) Defendant’s Certificate ofWritten Discovery. Please acknowledge your receipt and filing Pa of the above instrument(s) by affixing your file mark to the extra copy and returning it Meo to me in the stamped and addressed envelope provided. By copy of this letter, a true and correct copy of the foregoing has been forwarded to all counsel this date via facsimile and/or certified mail, return receipt requested. Thank you for your assistance in this matter. Hi U Sincerely, - seen PARKER FI P.C. had Parker bts se JCP/mre Enclosure Be bf se: ece CC: Douglas Ketterman Via CM/RRR 7007 0710 0000 9914 1679 Jeffrey Davis ia CM/R: 7007 0710 10.99141 E. Wayne Shuffield Vi 7007 0 9. Pets Sai 112 East Line Street | Suite 202 | Tyler, TX 75702 | P: 903.595.4541 | F: 903.595.2864 | www.theparkerfirm.net