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FILED
DALLAS COUNTY
10/24/2014 11:29:13 AM
GARY FITZSIMMONS
DISTRICT CLERK
CAUSE NO . DC-14-11489
ELDOM ALVARE Z § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
v. §
§
HUNG ENTERPRISES INC. a/kia, § DALLAS COUNTY, TEXAS
HUNG EQUITIE S - NORTH HILLS, §
INC. d/b/a NORTH HILLS PLACE §
APARTMENTS, SUNRIDGE §
MANAGEMENT GROUP, INC. §
§
Defendants. § 68th JUDICIAL DISTRICT
DEFENDANT SUNRIDGE MANAGEMENT GROUP, I,NC.'S ORIGINAL ANSWER,
AFFIRMATIVE DEFENSES & REQUEST FOR DISCLOSURE
Defendant Sunridge Management Group, Inc. ("Sunridge") files its Answer to the Original Petition
filed by Plaintiff Eldom Alvarez ("Plaintiff') and would respectfully show the Court as follows:
I.
GENERAL DENIAL
Subject to such stipulations and admissions as may be made hereafter, Sunridge hereby enters a
general denial as permitted by Rule 92 of the TE:K.-\S RULES OF CIVIL PROCEDURE, and requests that
Plaintiff be required to prove by a preponderance of the evidence the charges and allegations that he has
made against Sunridge.
II.
AFFIRMATIVE DEFENSES
Pleading further, alternatively, and by way of afftrmativedefense, Sunridge would show that the
incident in question and Plaintiffs alleged resulting damages, if any, were the result of negligent acts and/or
omissions of others not under the control of Sunridge, including Plaintiff, whose acts or omissions were,
alternatively, a proximate cause or a producing cause or a contributing proximate cause or a contributing
producing cause or the sole proximate cause or the sole producing cause of the incident in question and any
alleged resulting damages. Sunridge therefore invokes the doctrine of comparative causation.
Answering further, and in the alternative, Sunridge asserts its right to a determination of
proportionate responsibility from any claimant, defendant, settling person or responsible third party
pursuant to Chapter 33 of the Texas Civil Practice & Remedies Code. By so doing, Sunridge does not admit
liability and continues to deny the allegations asserted against it.
Answering further, and in the alternative, Sunridge further asserts its right to contribution and
indemnity from any defendant or third-party defendant which has been or may be joined in this action
pursuant to Chapters 32 and 33 of the Texas Civil Practice & Remedies Code. By so doing, Defendant does
not admit liability and continues to deny the allegations asserted against it.
Answering further, alternatively, and by way of afflrmative defense, Plaintiff waived its right to assert
a claim against Sunridge when he signed his Apartment Lease Contract, which releases Sunridge from
liabilityfor any persons', including Plaintiffs, personal injury or damage and which states that the Plaintiff
accepted the subject premises "as-is."
Answering further, alternatively, and by way of affirmative defense, Plaintiff failed to mitigate his
damages, if any. As a result, any award of damages to Plaintiff should be reduced by such failure to mitigate,
as well as by the percentage of negligence found to have been caused by Plaintiffs conduct and omissions,
including but not limited to a failure to use ordinary care in mitigating such damages.
III.
REQUEST FOR DISCLOSURES
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Sunridge requests that Plaintiff disclose,
within thirty (30) days of the service of this request, the information or material described in Rule 194.2 (a)-
(i).
WHEREFORE, PREMISES CONSIDERED, Defendant Sunridge Management Group, Inc. prays
that, upon final hearing of this cause, the Court will enter judgment that Plaintiff Eldom Alvarez take
DEFENDANT SUNRlDGE MANAGEMENT GROUP, INC'S ORIGINAL ANSWER, AFFIRMATIVE DEFENSES AND REQUEST FOR
DISCLOSURE -- 2
nothing of and from Defendant Sunridge, assess costs and attorney's fees against Plaintiff, and award
Defendant Sunridge all other and further relief, both general and special, legal or equitable, to which
Sunridge may be justly entitled.
Respectfully Submitted,
GEORG S. McCALL
State Bar No. 13344800
SONDRA S. ROSEBROCK
State Bar No. 24033017
ANGELA M. BUCHANAN
State Bar No. 24059213
SEDGWICK, LLP
1717 Main Street, Suite 5400
Dallas, TX 75201-7367
Telephone: 469.227.8200
Facsimile: 469.227.8004
ATTORNEYS FOR DEFENDANT
SUNRIDGE MANAGEMENT GROUP, INC.
DEFENDANT SUNRIDGE MANAGEMENT GROUP, INC'S ORIGINAL ANSWER, AFFIRMATIVE DEFENSES AND REQUEST FOR
DISCLOSURE -- 3
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been forwarded to the
following counsel of record via electronic filing or certified mail, return receipt requested, on the 2.!i day
of October, 2014:
Law Firm of Roger "Rocky" Walton, P.e.
2310 West Interstate 20, Ste 200
Arlington, Texas 76017
Tel: (817) 429-4299
Fax: (817) 429-3469
ronw@rockywalton.com
Angela
DEFENDANT SUNRlDGE MANAGEMENT GROUP, INC'S ORIGINAL ANSWER, AFFIRMATIVE DEFENSES AND REQUEST FOR
DISCLOSURE -- 4
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FILED DALLAS COUNTY 10/24/2014 11:29:13 AM GARY FITZSIMMONS DISTRICT CLERK CAUSE NO . DC-14-11489 ELDOM ALVARE Z § IN THE DISTRICT COURT OF § Plaintiff, § § v. § § HUNG ENTERPRISES INC. a/kia, § DALLAS COUNTY, TEXAS HUNG EQUITIE S - NORTH HILLS, § INC. d/b/a NORTH HILLS PLACE § APARTMENTS, SUNRIDGE § MANAGEMENT GROUP, INC. § § Defendants. § 68th JUDICIAL DISTRICT DEFENDANT SUNRIDGE MANAGEMENT GROUP, I,NC.'S ORIGINAL ANSWER, AFFIRMATIVE DEFENSES & REQUEST FOR DISCLOSURE Defendant Sunridge Management Group, Inc. ("Sunridge") files its Answer to the Original Petition filed by Plaintiff Eldom Alvarez ("Plaintiff') and would respectfully show the Court as follows: I. GENERAL DENIAL Subject to such stipulations and admissions as may be made hereafter, Sunridge hereby enters a general denial as permitted by Rule 92 of the TE:K.-\S RULES OF CIVIL PROCEDURE, and requests that Plaintiff be required to prove by a preponderance of the evidence the charges and allegations that he has made against Sunridge. II. AFFIRMATIVE DEFENSES Pleading further, alternatively, and by way of afftrmativedefense, Sunridge would show that the incident in question and Plaintiffs alleged resulting damages, if any, were the result of negligent acts and/or omissions of others not under the control of Sunridge, including Plaintiff, whose acts or omissions were, alternatively, a proximate cause or a producing cause or a contributing proximate cause or a contributing producing cause or the sole proximate cause or the sole producing cause of the incident in question and any alleged resulting damages. Sunridge therefore invokes the doctrine of comparative causation. Answering further, and in the alternative, Sunridge asserts its right to a determination of proportionate responsibility from any claimant, defendant, settling person or responsible third party pursuant to Chapter 33 of the Texas Civil Practice & Remedies Code. By so doing, Sunridge does not admit liability and continues to deny the allegations asserted against it. Answering further, and in the alternative, Sunridge further asserts its right to contribution and indemnity from any defendant or third-party defendant which has been or may be joined in this action pursuant to Chapters 32 and 33 of the Texas Civil Practice & Remedies Code. By so doing, Defendant does not admit liability and continues to deny the allegations asserted against it. Answering further, alternatively, and by way of afflrmative defense, Plaintiff waived its right to assert a claim against Sunridge when he signed his Apartment Lease Contract, which releases Sunridge from liabilityfor any persons', including Plaintiffs, personal injury or damage and which states that the Plaintiff accepted the subject premises "as-is." Answering further, alternatively, and by way of affirmative defense, Plaintiff failed to mitigate his damages, if any. As a result, any award of damages to Plaintiff should be reduced by such failure to mitigate, as well as by the percentage of negligence found to have been caused by Plaintiffs conduct and omissions, including but not limited to a failure to use ordinary care in mitigating such damages. III. REQUEST FOR DISCLOSURES Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Sunridge requests that Plaintiff disclose, within thirty (30) days of the service of this request, the information or material described in Rule 194.2 (a)- (i). WHEREFORE, PREMISES CONSIDERED, Defendant Sunridge Management Group, Inc. prays that, upon final hearing of this cause, the Court will enter judgment that Plaintiff Eldom Alvarez take DEFENDANT SUNRlDGE MANAGEMENT GROUP, INC'S ORIGINAL ANSWER, AFFIRMATIVE DEFENSES AND REQUEST FOR DISCLOSURE -- 2 nothing of and from Defendant Sunridge, assess costs and attorney's fees against Plaintiff, and award Defendant Sunridge all other and further relief, both general and special, legal or equitable, to which Sunridge may be justly entitled. Respectfully Submitted, GEORG S. McCALL State Bar No. 13344800 SONDRA S. ROSEBROCK State Bar No. 24033017 ANGELA M. BUCHANAN State Bar No. 24059213 SEDGWICK, LLP 1717 Main Street, Suite 5400 Dallas, TX 75201-7367 Telephone: 469.227.8200 Facsimile: 469.227.8004 ATTORNEYS FOR DEFENDANT SUNRIDGE MANAGEMENT GROUP, INC. DEFENDANT SUNRIDGE MANAGEMENT GROUP, INC'S ORIGINAL ANSWER, AFFIRMATIVE DEFENSES AND REQUEST FOR DISCLOSURE -- 3 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document has been forwarded to the following counsel of record via electronic filing or certified mail, return receipt requested, on the 2.!i day of October, 2014: Law Firm of Roger "Rocky" Walton, P.e. 2310 West Interstate 20, Ste 200 Arlington, Texas 76017 Tel: (817) 429-4299 Fax: (817) 429-3469 ronw@rockywalton.com Angela DEFENDANT SUNRlDGE MANAGEMENT GROUP, INC'S ORIGINAL ANSWER, AFFIRMATIVE DEFENSES AND REQUEST FOR DISCLOSURE -- 4