Motion-Secondary: PETERSON, ROBERT vs. INTERPUMP GROUP SPA

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                                CAUSE NO. 2018-36443

                   ROBERT PETERSON                                                         IN THE DISTRICT COURT OF


                   VS.
                                                                                                 HARRIS COUNTY, TEXAS

                   INTERPUMP          GROUP       SPA,    GENERAL
                   PUMP COMPANY, LLC, OILNEX, LLC,
                   NEXOIL,             LLC,          AND           DCS
                   CONSULTING, INC.                                                         JUDICIAL DISTRICT COURT

                       DEFENDANT, DCS ALL AMERICAN, LLC’SRESPONSE IN OPPOSITION TO
                               PLAINTIFF’S MOTION TO EQUALIZE PEREMPTORY STRIKES

                  TO THE HONORABLE JUDGE OF SAID COURT:

                           Defendant,     DCS    All   American,     LLC,    (“DCS”)     files  this Response     in  Opposition     to

                  Plaintiff’s Motion to Equalize Peremptory Strikes and in support would show the court as follows:

                                                                  I. ARGUMENT

                           This is a case in which all parties are adamantly opposed, with conflicting claims against

                  one     other. Plaintiff and DCS are opposed as to whether the two consultant workers on site were

                  independent contractors or employees, or whether they can legally be agents of DCS. Contrarily,

                  Plaintiff  s claims against General Pump Company,                    (“General Pump”) are based on product

                  liability. In turn, while Plaintiff    s expert testified Teflon tape was found on some of the bolts, but

                  not the bolt at issue as it was discarded, did not contribute to the accident, Plaintiff has since joined

                  with  the  arguments     of General    Pump’s    experts  which    contend   the  Teflon   tape  was   the  primary

                  cause   of  the  accident   in  an  effort  to  hold   DCS    primarily    responsible    for the   actions  of  the

                  consultants.    In  turn,   DCS    is  adverse    to  General    Pump     by   contending     the  power    washer

                  manufactured      by  General    Pump    did  not  contain   an    warnings    that Teflon    tape  should   not  be

                  utilized on the bolts at issue. In other words, as to causation, both Plaintiff and General Pump have

                  teamed up against DCS, so there is a strong argument that DCS should have an equal number of
                  strikes  as Plaintiff.  Consequently,     all parties  should   be  given   an  equal number     of  strikes, as  all

                  parties are opposed to one         other.

                           Plaintiff’s Motion to     Equalize    Peremptory     Strikes  should be    denied   because   Defendants

                  General    Pump    and   DCS    are  antagonistic    with   respect   to liability  and   damages     in this  case.

                  Accordingly,     General    Pump     and  DCS     should   each   be  permitted    six  peremptory     strikes   and

                  Plaintiff’s Motion to Equalize Peremptory Strikes should be DENIED

                                                                    . PRAYER

                           Because General Pump and DCS are antagonistic with respect to one another, they should

                  each   be  allowed   six  peremptory     strikes, and   Plaintiff’s  Motion    to Equalize    Peremptory     Strikes

                  should be DENIED

                                                                                 Respectfully submitted,

                                                                                 BUSH & RAMIREZ, PLLC

                                                                                 //s// John K. (Ken) Woodard
                                                                                 John K. (Ken) Woodard; TBN: 00791955
                                                                                 5615 Kirby Drive, Suite 900
                                                                                 Houston, Texas 77005
                                                                                 Telephone:        (713) 626    1555
                                                                                 Facsimile:        (713) 622    8077
                                                                                 Email:            kwoodard.atty@bushramirez.com

                                                                                   TTORNEY FOR         EFENDANT        EXAS
                                                                                  NDUSTRIAL        OX     AINTENANCE
                                                         CERTIFICATE OF SERVICE


                           I hereby    certify  that  a copy    of  the foregoing    was   served    on  all counsel    of  record   in
                  accordance with the applicable provisions of the              EXAS     ULES OF     IVIL   ROCEDURE on this the
                       day of   March

                           Jason A. Itkin / Cory D. Itkin
                           Ryan Macleod / Jacob Karam
                           Arnold & Itkin, LLP
                           6009 Memorial Drive
                           Houston, Texas 77007

                           Clyde O. “Chip” Adams, IV
                           James A. “Jim” Lowery, III
                           Dixon J. Cheung
                           Gordon Rees Scully Mansukhani, LLP
                           2200 Ross Avenue, Suite 4100 West
                           Dallas, Texas 75201


                                                                        //s// John K. (Ken) Woodard
                                                                        John K. (Ken) Woodard