Motion to Amend in JOSEPH, SHATAVIA SIMONE vs. LEE, WILLIE SAMUEL| Trellis.Law

On May 05, 2020 a Party Discovery was filed involving a dispute between Allen, Ambriel Dashae, Joseph, Shatavia Simone, and Lee, Willie Samuel, for Motor Vehicle Accident in the District Court of Harris County.

Preview
Susan L. Florence** Jason Orgeron
Senior Managing Counsel
SUSAN L. FLORENCE & ASSOCIATES Lead Counsel
Michael Pita STAFF COUNSEL Jordan Kennamer-Chapman
Lead Counsel All Staff Members are Employees of Noe Moreno
Chizoba Onyeise
Michael Maus Allstate Insurance Company Charles Kabele*
Jeremy Pratt Janine Campanaro***
Tiffany Myers
This Office is not a Partnership or a Corporation
Michael Simcoe
Lauren Rea Sullivan◊ David Russo
Lee K. Shuchart Two Shell Plaza Fallin Schwartz
Christine Albin 811 Louisiana Street, Suite 2400 Timothy J. Jadloski
Nneka B. Uzodinma
Gregory E. Coyer
Houston, Texas 77002-1401 Amy E. Tomlinson
Erica Bhachawat Fax: (877) 684-4165 Todd Hermes
Lead Counsel
E-Service Email: HoustonLegal@allstate.com Tirrell Philip Washington
2019-**BoardCertified-PersonalInjuryTrial
Kimberly Blum
Law, Pam Rea
TexasBoardofLegalSpecialization Tomanicka Morris
*Also Admitted in California Carolyn Martin♦
Also Admitted in Florida Joshua D. Hamm
◊Also Admitted in Louisiana Vernique Hutchinson
***Also Admitted in New York Shala S. Melonson
++Also Admitted in Oklahoma
Charlesa Olmstead***++
Lead Counsel
Sean Russell

Attorney Administrative Assistant Paralegal
(713) 336-2816 (713) 336-2858 (713) 336-2868

July 27, 2020

Olufemi Ogunjumelo
State Bar No. 24098197
MAYDAY LAW OFFICE
11222 Richmond Ave., Ste. 202
Houston, TX 77082

Re: Joseph et al vs. Lee
Cause Number: 27790
Our File Number: 0561471194.1

Dear Sir or Madam:

Please find enclosed DEFENDANT’S FIRST AMENDED RESPONSES TO REQUEST FOR
DISCLOSURES, REQUESTS FOR PRODUCTION AND INTERROGATORIES for filing in the
Court records. Please acknowledge receipt.

Thank you for your courtesy.

Sincerely,
Clerk of the Court
Joseph et al vs. Lee
July 27, 2020
Page 2 of 2

Christine Albin
Attorney at Law
For general communication: christine.albin@allstate.com
For e-service: HoustonLegal@allstate.com

Enclosure

Joseph et al vs. Lee PAGE
CERTIFICATE OF WRITTEN DISCOVERY
Our File Number: 0561471194.1
CAUSE NO. 2020 27790

SHATAVIA SIMONE JOSEPH AND IN THE DISTRICT COURT
AMBRIEL DASHAE ALLEN
Plaintiffs,

V. 55TH JUDICIAL DISTRICT*

WILLIE SAMUEL LEE
Defendant.
HARRIS COUNTY, TEXAS

CERTIFICATE OF WRITTEN DISCOVERY

TO THE HONORABLE JUDGE OF SAID COURT:

WILLIE LEE, Defendant, files this Defendant’s Certificate of Written Discovery and

respectfully shows the Court the following:

On the 27th day of July 2020, First Amended Responses to Disclosures, First Amended

Responses to Request for Production and First Amended Answers to Interrogatories to Plaintiffs’,

SHATAVIA JOSEPH AND AMBRIEL ALLEN, by and through Plaintiffs’ attorney of record,

Olufemi Ogunjumelo, Mayday Law Office, PLLC, 11222 Richmond Ave, Ste 202, Houston, TX

77082.

Joseph et al vs. Lee PAGE
CERTIFICATE OF WRITTEN DISCOVERY
Our File Number: 0561471194.1
Respectfully submitted,

SUSAN L. FLORENCE & ASSOCIATES

CHRISTINE ALBIN
TBN: 24089958
811 Louisiana St Ste 2400
Houston, TX 77002-1401
HoustonLegal@allstate.com
(713) 336-2816
(877) 684-4165 (fax)
ATTORNEY FOR DEFENDANT(S)
WILLIE SAMUEL LEE

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served in compliance

with Rules 21 and 21a of the Texas Rules of Civil Procedure on the 27th day of July 2020 to:

Olufemi Ogunjumelo
State Bar No. 24098197
MAYDAY LAW OFFICE
11222 Richmond Ave., Ste. 202
Houston, TX 77082
Tel: (281) 741-1162
Fax: (281) 741-1312
INFO@MAYDAHOUSTONLAW.COM
Attorney for Plaintiffs
Shatavia Simone Joseph and Ambriel Dashae Allen

CHRISTINE ALBIN

Joseph et al vs. Lee PAGE
CERTIFICATE OF WRITTEN DISCOVERY
Our File Number: 0561471194.1
CAUSE NO. 2020 27790

SHATAVIA SIMONE JOSEPH AND IN THE DISTRICT COURT
AMBRIEL DASHAE ALLEN
Plaintiffs,

V. 55TH JUDICIAL DISTRICT*

WILLIE SAMUEL LEE
Defendant.
HARRIS COUNTY, TEXAS

DEFENDANT WILLIE LEE'S FIRST AMENDED RESPONSE TO PLAINTIFFS’ SHATAVIA
JOSEPH AND AMBRIEL ALLEN'S REQUEST FOR DISCLOSURE

TO: Plaintiffs’, SHATAVIA JOSEPH AND AMBRIEL ALLEN, by and through Plaintiffs’
attorney of record, Olufemi Ogunjumelo

NOW COMES WILLIE LEE, Defendant herein, and files this First Amended Response to

Plaintiffs’ Request for Disclosure pursuant to Rule 194.3 of the Texas Rules of Civil Procedure, said

Response being incorporated by reference herein.

Respectfully submitted,

SUSAN L. FLORENCE & ASSOCIATES

CHRISTINE ALBIN
TBN: 24089958
811 Louisiana St Ste 2400
Houston, TX 77002-1401
HoustonLegal@allstate.com
(713) 336-2816
(877) 684-4165 (fax)
ATTORNEY FOR DEFENDANT(S)
WILLIE SAMUEL LEE

Joseph et al vs. Lee PAGE
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served in compliance with

Rules 21 and 21a of the Texas Rules of Civil Procedure on the 27th day of July 2020 to:

CHRISTINE ALBIN

Joseph et al vs. Lee PAGE
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
DEFENDANT WILLIE LEE'S FIRST AMENDED RESPONSE TO PLAINTIFFS’ SHATAVIA
JOSEPH AND AMBRIEL ALLEN'S REQUEST FOR DISCLOSURE

(a) The correct names of the parties to the lawsuit.

RESPONSE:

Plaintiffs: Shatavia Simone Joseph and Ambriel Dashae Allen
Defendant: Willie Samuel Lee

(b) The name, address, and telephone number of any potential parties.

RESPONSE:

None.

RESPONSE:

Defendant denies being negligent.

Defendant denies each and every, all and singular the material allegations made and
contained in the original Petition and any petition which Plaintiff may hereinafter file by
way of amendment or supplement, and, in accordance with Texas law, demands that
Plaintiff prove by a preponderance of the credible evidence each and every such allegation
made and contained therein.

Defendant would show that at the same time and on the occasion in question, Plaintiff was
guilty of one or more negligent acts and/or omissions which were the sole proximate cause or
proximately contributed to cause, the incident in question and any and all resulting injuries
and damages.

Defendant would show by way of affirmative defense that Plaintiff’s physical damages
complained of, if any, were the result of prior or preexisting injuries, accidents or physical
conditions and aid prior or pre-existing injuries, accidents or physical conditions were the
sole and/or a contributing cause of the Plaintiff’s damages alleged against this Defendant.

In addition to any other limitation under law, recovery of medical or health care expenses
incurred is limited to the amount actually paid or incurred by or on behalf of the claimant.

Joseph et al vs. Lee PAGE
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
(d) The amount and any method of calculating economic damages.

RESPONSE:

Defendant does not calculate economic damages as this is the Plaintiff’s burden. However,
any recovery that Plaintiff seeks must be based upon reasonable and necessary expenses
related to this accident, and medical treatment and loss of earnings which have not been
proximately caused by this accident are not recoverable.

Furthermore, Plaintiff should not be allowed to present any testimony or evidence
regarding amounts for past medical or health care expenses that have not been actually
paid or actually incurred by or on behalf of Plaintiff pursuant to CPRC

41.0105. Evidence of past medical and health care expenses that includes amounts that
initially were billed and then subsequently discounted or written off are not “actually”
paid or “actually” incurred and exceed Section 41.0105’s limits and thus are not
recoverable. Section 41.0105 and the case law applying it confirm that any of Plaintiff’s
evidence that exceeds the amount that has been “actually” paid or “actually” incurred is
not admissible because this evidence impermissibly incudes amounts that have been
discounted or written off. In addition, CPRC 18.091 dictates that Plaintiff must present
loss of earnings and loss of earnings capacity in the form of net loss after reduction for
income tax payments. Defendant will be entitled to an offset of all mounts paid by an
collateral source and/or of any amounts adjusted, discounted, or credited by any medical
provider and not actually paid by the Plaintiff.

Further, pursuant to the ruling of the Texas Supreme Court, in Haygood v. Escobedo, Cause
No. 09-0377, decided July 1, 2011, the only amount of past medical or healthcare expenses
that the jury may hear or see is not the amount submitted by the amount actually paid or
actually incurred.

(e) The name, address, and telephone number of persons having knowledge of relevant facts,
and a brief statement of each identified person’s connection with the case.

RESPONSE:

Defendant reserves the right to supplement this response pursuant to the Texas Rules of
Civil Procedure. Further, Defendant adopts and list any persons listed by Plaintiff in their
Responses to Defendant’s Request for Rule 194 Disclosures, Designation of Experts or any
pleading or discovery response produced in this case. Defendant lists the following:

Joseph et al vs. Lee PAGE
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
Shatavia Simone Joseph; and
Ambreil Dashae Allen
c/o Olufemi Ogunjumelo
State Bar No. 24098197
MAYDAY LAW OFFICE
11222 Richmond Ave., Ste. 202
Houston, TX 77082
Plaintiffs

Willie Samuel Lee
c/o Christine Albin
Susan L. Florence & Associates
811 Louisiana Street, Suite 2400
Houston, Texas 77002
Defendant

The above-referenced individuals may have knowledge about the events occurring
immediately before, during and after the accident, damage to the vehicles, causes of the
accident, speed, braking, and distance between vehicles. Further, they may have knowledge
about the conduct of the other persons at the scene, the reports or non-reports of injuries
and actions immediately taken after the accident.

T. Connor
ID 5026
Harris County Police Department
Investigating Law Enforcement Officer

This officer is the investigating officer and has knowledge of the post-accident occurrence
including the conduct of the other persons at the scene, the reports or non-reports of
injuries and actions immediately taken after the accident. Further, he has knowledge of
his investigation, opinions and conclusions regarding the accident.

Pain Alleviation and Interventional Needs
3711 Garth Road, Suite 160
Baytown, Texas 77521

Bellaire ER
5302 Bellaire Blvd.
Bellaire, Texas 77401

Absolute Health and Rehab Center and
Airline Health and Rehab
11700 Southwest Freeway, Suite 100
Houston, Texas 77031

Joseph et al vs. Lee PAGE
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
Elite Physical Therapy
10226 Hammerly Blvd
Houston, Texas 77043

The above-referenced individuals are the Plaintiff’s treating physicians, health care
providers and their custodians of records. These individuals may have knowledge of
Plaintiff’s medical history, alleged injuries, causation, examination, treatments and
associated diagnosis and prognosis.

Plaintiff’s employers and/or the custodians of personnel and payroll records may be called
to testify at the time of trial, live, by deposition or by records, regarding Plaintiff’s
employment records including but not limited to employment history, medical conditions,
employment duties, wages earned and time missed.

Other persons with knowledge of relevant facts in this case are all persons so identified by
any party in response to any party’s interrogatories or identified by any deponent in his or
her deposition testimony; all experts (and the custodian of records for each such expert)
identified in response to any party’s interrogatories or identified by any deponent in his or
her deposition testimony; any person whose deposition is taken in this cause, either orally or
on written questions; and any person whose timely and proper affidavit has been filed herein.

(f) For any testifying expert:

(1) the expert’s name, address and telephone number;

(2) the subject matter on which the expert will testify;

(3) the general substance of the expert’s mental impressions and opinions and a brief
summary of the basis for them, or if the expert is not retained by, employed by, or
otherwise subject to your control, documents reflecting such information;

(4) if the expert is retained by, employed by, or otherwise subject to your control:

(A) all documents, tangible things, reports, models, or data compilations that have
been provided to, reviewed by, or prepared by or for an expert in anticipation
of the expert’s testimony; and

(B) the expert’s current resume and bibliography.

Joseph et al vs. Lee PAGE
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
RESPONSE:

(1) Defendant reserves the right to supplement this response pursuant to the Texas
Rules of Civil Procedure. Further, Defendant adopts and lists any experts listed
by Plaintiff in Plaintiff’s Responses to Defendant’s Request for Rule 194
Disclosures, Designation of Experts, or any pleading or discovery response
produced in this case.

(2) Plaintiff’s treating physicians, health care providers and/or their custodians of
medical records may be called to testify at the time of trial, live, by deposition or
by records, regarding Plaintiff’s medical history, alleged injuries, examinations,
treatments and associated diagnoses and prognoses.

Plaintiff’s employers and/or their custodians of personnel and payroll records may
be called to testify at the time of trial, live, by deposition or by records, regarding
Plaintiff’s employment records including but not limited to employment history,
medical conditions, employment duties, wages earned and time missed.

(3) The mental impressions and opinions of Plaintiff’s treating physicians, health care
providers, employers, and/or their custodians of records are contained in Plaintiff’s
medical and employment records which are in the superior possession, custody
and/or control of Plaintiff.

(4) Plaintiff’s treating physicians, health care providers, employers, and/or their
custodians of records are not retained by, employed by, or otherwise subject to the
control of Defendant.

(A) Not applicable

(B) Not applicable

(g) Any indemnity and insuring agreements described in Rule 192.3 (f).

RESPONSE:

Please see attached policy documents.

(h) Any settlement agreements described in Rule 192.3 (g).

RESPONSE:

None.

Joseph et al vs. Lee PAGE
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
(i) Any witness statements described in Rule 192.3 (h).

RESPONSE:

The statements contained in Plaintiff’s medical and employment records are in the
superior possession, custody and/or control of Plaintiff.

Please see the exhibit of the police report and attached audio statement.

(j) In a suit alleging physical or mental injury and damages from the occurrence that is the
subject of the case, all medical records and bills that are reasonably related to the injuries or
damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical
records and bills.

RESPONSE:

Defendant is not asserting any injuries in this lawsuit.

(k) In a suit alleging physical or mental injury and damages from the occurrence that is the subject
of the case, all medical records and bills obtained by the responding party by virtue of an
authorization furnished by the requesting party.

(l) RESPONSE:
A copy of any records obtained by virtue of an authorization will be furnished directly to
counsel for Plaintiff.

(m) The name, address, and telephone number of any person who may be designated as a
responsible third party.

RESPONSE:

None.

Joseph et al vs. Lee PAGE 10
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
AUSE NO. 2020 27790

SHATAVIA SIMONE JOSEPH AND IN THE DISTRICT COURT
AMBRIEL DASHAE ALLEN
Plaintiffs,

V. 55TH JUDICIAL DISTRICT*

WILLIE SAMUEL LEE
Defendant.
HARRIS COUNTY, TEXAS

DEFENDANT WILLIE LEE'S FIRST AMENDED RESPONSES TO PLAINTIFFS’ SHATAVIA
JOSEPH AND AMBRIEL ALLEN'S REQUEST FOR PRODUCTION

TO: Plaintiff, SHATAVIA JOSEPH AND AMBRIEL ALLEN, by and through Plaintiff’s
attorney of record, Olufemi Ogunjumelo

NOW COMES WILLIE LEE, Defendant herein, and files this First Amended Response to

Plaintiff's Request for Production pursuant to Rule 196 of the Texas Rules of Civil Procedure, said

Response being incorporated by reference herein.

Respectfully submitted,

SUSAN L. FLORENCE & ASSOCIATES

CHRISTINE ALBIN
TBN: 24089958
811 Louisiana St Ste 2400
Houston, TX 77002-1401
HoustonLegal@allstate.com
(713) 336-2816
(877) 684-4165 (fax)
ATTORNEY FOR DEFENDANT(S)
WILLIE SAMUEL LE

Joseph et al vs. Lee PAGE 11
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served in compliance with

Rules 21 and 21a of the Texas Rules of Civil Procedure on the 27th day of July 2020 to:

CHRISTINE ALBIN

Joseph et al vs. Lee PAGE 12
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
DEFENDANT WILLIE LEE'S FIRST AMENDED RESPONSE TO PLAINTIFFS’ SHATAVIA
JOSEPH AND AMBRIEL ALLEN'S REQUEST FOR PRODUCTION

1. All photographs taken of the scene of the accident or the surrounding area of the scene of the
accident in the possession, constructive possession, custody or control of WILLIE SAMUEL LEE,
WILLIE SAMUEL LEE's attorney or anyone acting on WILLIE SAMUEL LEE's behalf.

ANSWER: None.

2. All pictures, motion pictures, movies, films, or photographic material of any kind concerning
the scene, vehicles, products or the events and happenings made the basis of the lawsuit taken
before, during or after the accident in question which are in the possession, constructive
possession, custody or control of WILLIE SAMUEL LEE, WILLIE SAMUEL LEE's attorney
or anyone acting on WILLIE SAMUEL LEE's behalf, or the owner of the vehicle at the time of
the collision.

ANSWER: Please see attached photographs.

3. All written statements made by the SHATAVIA SIMONE JOSEPH AND AMBRIEL
DASHAE ALLEN in the possession, constructive possession, custody or control of WILLIE
SAMUEL LEE, WILLIE SAMUEL LEE's attorney or anyone acting on WILLIE SAMUEL
LEE's behalf.

ANSWER: None.

4. All oral statements made by SHATAVIA SIMONE JOSEPH AND AMBRIEL DASHAE
ALLEN which were either recorded or taped on an electronic device or recorder which are in the
possession, constructive possession, custody or control of WILLIE SAMUEL LEE, WILLIE
SAMUEL LEE's attorney or anyone acting on WILLIE SAMUEL LEE's behalf.

ANSWER: Defendant refers Plaintiff to Defendant’s Response to Disclosure and any
supplements or amendments thereto. Plaintiff’s recorded statement were produced in
Defendant’s Requests for Disclosures.

5. A copy of all documents filed with any state, county, city, federal or governmental agency,
institution or department containing information about SHATAVIA SIMONE JOSEPH AND
AMBRIEL DASHAE ALLEN which are in the possession, constructive possession, custody or
control of WILLIE SAMUEL LEE, WILLIE SAMUEL LEE's attorney or anyone acting on
WILLIE SAMUEL LEE's behalf

ANSWER: Please see attached police report.

Joseph et al vs. Lee PAGE 13
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
6. All written reports of inspection, tests, writings, drawings, graphs, charts, recordings or
opinions of any expert who has been used for consultation and whose work product forms a basis
either in whole or in part of the opinions of an expert who is to be called as a witness. (If the
discoverable factual materials have not been received or reduced to a tangible form, request is hereby
made that WILLIE SAMUEL LEE advise SHATAVIA SIMONE JOSEPH AND AMBRIEL
DASHAE ALLEN accordingly and reduce such material to a tangible form).

ANSWER: Defendant objects to this request on the basis that itconstitutes an impermissible
fishing expedition. See generally, Loftin v. Martin 776 S.W.2d 145, 148 (Tex. 1989); Texaco, Inc.
v. Sanderson 898 S.W.2d 813,815 (Tex. 1995).

Defendant further objects to this request on the basis that it fails to describe the documents
sought with reasonable particularity in violation of Tex. R. Civ. P. 196.1(b).

Defendant further objects to this discovery request insofar as it exceeds the scope of discovery
outlined by Texas Rules of Civil Procedure 192.3. “The identity, mental impressions, and
opinions of a consulting expert whose mental impressions and opinions have not been reviewed
by a testifying expert are not discoverable.” Tex. R. Civ. P. 192.3(e).

Subject to the foregoing objections and without waiving the same, information and/or material
responsive to this request has been withheld in accordance with Rule 193.3 of the Texas Rules of
Civil Procedure on the grounds that such information is subject to the trade secret, work product,
and attorney-client privileges pursuant to TEX. EVID. R. 507, TEX. R. CIV. P. 192.5, and TEX.
VID. R. 503.

Subject to and without waiving said objection, Defendant refers Plaintiff to Defendant’s
Response to Disclosure and any supplements or amendments thereto.

7. A curriculum vitae or resume for any consulting expert whose mental impressions or
opinions have been reviewed by a testifying expert.

ANSWER: None.

8. Any and all copies of investigation documentation, reports and/or memoranda made by or
submitted to WILLIE SAMUEL LEE, as a result of the accident which has been made the basis of
Plaintiffs lawsuit.

Defendant further objects to this request on the basis that it fails to describe the documents
sought with reasonable particularity in violation of Tex. R. Civ. P. 196.1(b).

Joseph et al vs. Lee PAGE 14
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
Subject to the foregoing objections and without waiving the same, information and/or material
responsive to this request has been withheld in accordance with Rule 193.3 of the Texas Rules
of Civil Procedure on the grounds that such information is subject to the trade secret, work
product, and attorney-client privileges pursuant to TEX. EVID. R. 507, TEX.

Please see attached police report, estimates, photos, two ISO reports, CCC Reports, Market
Valuation Reports and Total Loss Report.

9. Any and all written communications, including but not limited to letters and/or
memorandums, between agents, employees and/or representatives of WILLIE SAMUEL LEE
that WILLIE SAMUEL LEE prepared as a result of the accident made the basis of Plaintiffs
lawsuit.

ANSWER: Defendant objects to this request on the basis that it constitutes an impermissible
fishing expedition. See generally, Loftin v. Martin 776 S.W.2d 145, 148 (Tex. 1989); Texaco,
Inc. v. Sanderson, 898 S.W.2d 813,815 (Tex. 1995).

Defendant objects to this request on the basis that it seeks documents/information that
is/are neither relevant to the claims and/or defenses of the parties in this suit, nor
reasonably calculated to lead to the discovery of admissible evidence. TEX. R. CIV. P.
193.2(a).
Defendant objects to this request on the basis that it fails to identify the items sought with
reasonable particularity in violation of TEX. R. CIV. P. 196.1(b).

10. Copies of any contracts or agreements between WILLIE SAMUEL LEE and any
maintenance or repair services in effect on September 18, 2019.

ANSWER: Defendant objects to this request on the basis that it fails to identify the items sought
with reasonable particularity in violation of TEX. R. CIV. P. 196.1(b).

Defendant further objects to this request on the basis that it is unduly burdensome, as the burden
of proposed discovery outweighs its likely benefit, taking into account the needs of the case, the
amount in controversy, the parties’ resources, and the importance of the issues at stake in the
litigation. TEX. R. CIV. P. 192.4(b).

Defendant further objects on the basis that this request seeks information that is neither relevant
to the claims and/or defenses of the parties in this suit, nor reasonably calculated to lead to the
discovery of admissible evidence. TEX. R. CIV. P. 192.3(a).

Defendant further objects to this request on the basis that it is overly broad, as it encompasses
time periods, products, activities, and locations beyond those at issue in this case. In re Alford
Chevrolet-Geo, 997 S.W.2d 173, 180 n.1 (Tex. 1999) (orig. proceeding).

Joseph et al vs. Lee PAGE 15
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
11. Copies of any and all books, documents or other tangible things which may or may not be
introduced at trial, but which may have a bearing on Plaintiffs cause of action and may be used as
demonstrative evidence at trial.

ANSWER: Defendant objects to this request on the basis that it fails to identify the items
sought with reasonable particularity in violation of TEX. R. CIV. P. 196.1(b). Defendant
further objects on the ground that it seeks to invade the work product privilege. A party may
not request copies of the exhibits the opposing party intends to introduce at trial.
Texas Tech Univ. Health Sciences Ctr. v. Schild, 828 SW 2d 502, 504 (Tex. App.-El Paso,
1992, orig. proceeding).

Subject to the above objection and without waiving same, the nature of the information sought
will not be known or sufficiently ascertainable until discovery is substantially completed.
However, Defendant would refer Plaintiff to all documents disclosed in discovery of both parties
throughout the discovery process as potential exhibits along with medical records and bills of the
plaintiff, deposition transcripts, photographs, and property damage appraisals or repair bills of
any of the vehicles involved in the accident in question.

12. A copy of WILLIE SAMUEL LEE's driver's license.

ANSWER: Please see attached.

13. Copies of WILLIE SAMUEL LEE's driving record.

ANSWER: Defendant objects to this request on the basis that it unduly burdensome, as the
items sought are obtainable from some other source that is more convenient, less burdensome,
or less expensive. TEX. R. CIV. P. 192.4(a). Defendant does not possess the documents sought by
this request and does not have any greater right to them than Plaintiff.

Defendant further objects to this Request in that it would grant Plaintiff access to personal and
confidential information of Defendant and would violate Defendant’s rights to privacy. TEX. R.
IV. P. 192.6(b).

14. Copies of any umbrella insurance in place covering the vehicle driven by Defendant,
WILLIE SAMUEL LEE, on the date of the incident made the basis of the Plaintiff's lawsuit.

ANSWER: None.

Joseph et al vs. Lee PAGE 16
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
CAUSE NO. 2020 27790

SHATAVIA SIMONE JOSEPH AND IN THE DISTRICT COURT
AMBRIEL DASHAE ALLEN
Plaintiffs,

V. 55TH JUDICIAL DISTRICT*

WILLIE SAMUEL LEE
Defendant.
HARRIS COUNTY, TEXAS

DEFENDANT WILLIE LEE'S FIRST AMENDED ANSWERS TO PLAINTIFFS’ SHATAVIA
JOSEPH AND AMBRIEL ALLEN'S SET OF INTERROGATORIES

TO: PLAINTIFF, SHATAVIA JOSEPH AND AMBRIEL ALLEN, by and through Plaintiff’s
attorney of record, Olufemi Ogunjumelo

NOW COMES WILLIE LEE, Defendant herein, and files these First Amended Answers to

Plaintiff's Set of Interrogatories pursuant to Rule 197 of the Texas Rules of Civil Procedure, said Answers

being incorporated by reference herein.

Respectfully submitted,

SUSAN L. FLORENCE & ASSOCIATES

CHRISTINE ALBIN
TBN: 24089958
811 Louisiana St Ste 2400
Houston, TX 77002-1401
HoustonLegal@allstate.com
(713) 336-2816
(877) 684-4165 (fax)
ATTORNEY FOR DEFENDANT(S)
WILLIE SAMUEL LEE

Joseph et al vs. Lee PAGE 17
DEFENDANT WILLIE LEE'S RESPONSE TO PLAINTIFF SHATAVIA JOSEPHAMBRIEL ALLEN'S AMENDED
REQUEST FOR PRODUCTION
Our File Number: 0561471194.1
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served in compliance with

Rules 21 and 21a of the Texas Rules of Civil Procedure on the 27th day of July 2020 to:

Olufemi O

Case Info

Judge

LATOSHA LEWIS PAYNE Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

July 28, 2020

Case Filing Date

May 05, 2020

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Party Discovery: JOSEPH, SHATAVIA SIMONE vs. LEE, WILLIE SAMUEL

Preview

Related Topics

Case Info

Parties