Preview
FILED
4/21/2021 11:19 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Miranda Lynch DEPUTY
CAUSE NO. DC-21-03224
SHAN TE WATSON, § IN THE DISTRICT COURT
Plaintiff §
§
v. §
§ DALLAS COUNTY, TEXAS
JOSHUA BROWN; AND TOWN EAST §
HEATING & AIR CONDITIONING CO., §
INC., §
Defendants. § 134m JUDICIAL DISTRICT
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING CO., INC.’S
ORIGINAL AN SWER, SUBJECT TO ITS MOTION TO TRANSFER VENUE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant Town East Heating & Air Conditioning Co., Inc. (“Defendant
Town East”) in the above-entitled and numbered cause, and file this its Original Answer, Subject
to its Motion to Transfer Venue, to Plaintiff’s Original Petition and any petition filed hereafter,
and would respectfully show the Court the following:
I.
GENERAL DENIAL
1.01 In accordance with Rule 92 of the TEXAS RULES 0F CIVIL PROCEDURE, Defendant
Town East exercises its legal right to require Shante Watson (“Plaintiff”) to prove the allegations
contained in its pleadings. Defendant Town East generally denies each and every, all and
singularly, the allegations set forth in Plaintiff’s Original Petition and Request for Disclosure and
demands strict proof thereof upon trial of this case before a jury.
II.
AFFIRMATIVE DEFENSES
2.01 Pleading alternatively and by way of affirmative defense, Defendant Town East
would show that Plaintiff was negligent and through Plaintiffs own actions and the actions of
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING INC.’S
ORIGINAL ANSWER, SUBJECT TO ITS MOTION TO TRANSFER VENUE Page 1
others, either singularly or in combination, as well as other acts which are reasonably foreseeable
from the surrounding circumstances, resulted in Plaintiffs alleged damages and/or injuries and
were the proximate and/or producing cause of the accident or damages in question.
2.02 Pleading alternatively and by way of affirmative defense, Defendant Town East
would show that if Plaintiff sustained any injuries or damages, such injuries or damages were
caused solely or to a great degree by the acts and omissions of others over whom Defendant Town
East had no supervision or control, and those acts and omissions were the proximate and/or
producing cause of the accident or damages in question.
2.03 Pursuant to TEXAS CIVIL PRACTICE & REMEDIES CODE § 33.001(a) and the laws of
Texas, Defendant Town East invokes the law and doctrine of comparative responsibility. Plaintiff
may recover damages if Plaintiff’s percentage of responsibility is less than or equal to fifty percent
(50%). If Plaintiff’s percentage of responsibility is less than or equal to fifty percent (50%),
Plaintiff may recover from Defendant Town East only a percentage of the damages equal to
Defendant Town East’s percentage of responsibility.
2.04 Pursuant to TEXAS CIVIL PRACTICE & REMEDIES CODE § 33.012 and the laws of
Texas, Defendant Town East specifically pleads that the Court should reduce the amount of
damages to be recovered by Plaintiff by a percentage equal to Plaintiff‘s, any other Defendants,
each responsible Third Parties, and each settling parties’ percentage of responsibility.
2.05 Pleading alternatively and by way of affirmative defense, Defendant Town East
asserts that any alleged damages were the result of a separate, independent cause, not reasonably
foreseeable, which destroyed the causal connection, if any, between any alleged actions or
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING INC.’S
ORIGINAL ANSWER, SUBJECT TO ITS MOTION TO TRANSFER VENUE Page 2
inactions of Defendant Town East and such became the new, intervening, superseding and
independent cause of the alleged damages.
2.06 Pursuant to Tex. CiV. Prac. & Rem. Code § 41.0105, Defendant Town East claims
and asserts the right to have Plaintiff’s recoveries of medical or health care expenses limited to the
amount actually paid by or on behalf of Plaintiff.
2.07 To the extent Plaintiff seeks to recover lost earnings or lost earning capacity,
Defendant Town East pleads by way of affirmative defense, that all evidence of lost earnings or
loss of earning capacity be submitted in the form of a net loss after reduction for income tax
payments and unpaid tax liability. Tex. Civ. Prac. & Rem. Code §18.0901. Pleading further,
Defendant Town East requests that this Court instruct the jury as to whether any recovery is subject
to federal or state income taxes. Id.
2.08 Plaintiff s prayer for pre-judgment interest, in so far that it includes interest on any
future damages beyond the time of the verdict, is barred by the TEXAS CONSTITUTION, the Due
Process Clause of the 14TH AMENDMENT, and also the Excessive Fines and Penalties Clause of
the EIGHT AMENDMENT to the CONSTITUTION OF THE UNITED STATES OF AMERICA, as the
prayer allows Plaintiff to recover interest on unaccrued damages during a period of time when
damages are not yet due. Therefore, such prayer is arbitrary, unreasonable, and constitutes the
imposition of a penalty.
2.09 Other potentially applicable affirmative defenses are also asserted, and Defendant
Town East reserves the right to amend and to assert any and all such affirmative defenses.
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING INC.’S
ORIGINAL ANSWER, SUBJECT TO ITS MOTION TO TRANSFER VENUE Page 3
III.
REQUESTS FOR DISCLOSURE
3.01 Pursuant to TEXAS RULE 0F CIVIL PROCEDURE 194, Defendant Town East requests
that Plaintiff disclose, within thirty (30) days of this Request, the information described in Rule
194.2 (a) through (l).
3.02 Pursuant to TEXAS RULE OF CIVIL PROCEDURE 193.7, please be advised that all
documents produced in response to these Requests will be utilized in any pretrial proceeding or at
trial as authentic unless we are notified otherwise.
IV.
PRAYER
WHEREFORE, Defendant Town East Heating & Air Conditioning Co., Inc. prays that
Plaintiff take nothing from Defendant Town East by this action, that Defendant Town East be
awarded all costs expended herein, and for such other and further relief to which Defendant Town
East may show itself justly entitled.
[SPACE LEFT INTENTIONALLY BLANK]
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING INC.’S
ORIGINAL ANSWER, SUBJECT TO ITS MOTION TO TRANSFER VENUE Page 4
Respectfully submitted,
/s/ Megan Zeller
J. Brantley Saunders
State Bar No. 17681500
brantlev@saunderswalsh.com
Megan Zeller
State Bar No.
meagan@saunderswalsh.com
SAUNDERS, WALSH & BEARD
Craig Ranch Professional Plaza
6850 TPC Drive, Suite 210
McKinney, Texas 75070
(214) 919-3555 Telephone
(214) 945 -4060 Telecopier
ATTORNEYS FOR DEFENDANT,
TOWN EAST HEATING & AIR
CONDITIONING CO., INC.
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document, Defendant Town
East Heating & Air Conditioning Co., Inc.’s Original Answer was served upon all counsel of
record on this the 21st day of April, 2021, Via e-file/e-serve pursuant to TEXAS RULES OF CIVIL
PROCEDURE 21 and 21a.
/s/ Megan Zeller
Megan Zeller
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING INC.’S
ORIGINAL ANSWER, SUBJECT TO ITS MOTION TO TRANSFER VENUE Page 5
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Stephanie Lookenbill on behalf of Megan Zeller
Bar No. 24082187
stephanie@saunderswalsh.com
Envelope ID: 52674775
Status as of 4/22/2021 9:51 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Adewale WaIeOdetunde Adewale.Odetunde@witheritelaw.com 4/21/2021 11:19:54 AM SENT
Francine Ly fly@dallascourts.org 4/21/2021 11:19:54 AM SENT
Associated Case Party: JOSHUA BROWN
Name BarNumber Email TimestampSubmitted Status
Sandra Liser sliser@namanhowell.com 4/21/2021 11:19:54 AM SENT
Grant Liser gliser@namanhowell.com 4/21/2021 11:19:54 AM SENT
Preview
FILED 4/21/2021 11:19 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Miranda Lynch DEPUTY CAUSE NO. DC-21-03224 SHAN TE WATSON, § IN THE DISTRICT COURT Plaintiff § § v. § § DALLAS COUNTY, TEXAS JOSHUA BROWN; AND TOWN EAST § HEATING & AIR CONDITIONING CO., § INC., § Defendants. § 134m JUDICIAL DISTRICT DEFENDANT TOWN EAST HEATING & AIR CONDITIONING CO., INC.’S ORIGINAL AN SWER, SUBJECT TO ITS MOTION TO TRANSFER VENUE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant Town East Heating & Air Conditioning Co., Inc. (“Defendant Town East”) in the above-entitled and numbered cause, and file this its Original Answer, Subject to its Motion to Transfer Venue, to Plaintiff’s Original Petition and any petition filed hereafter, and would respectfully show the Court the following: I. GENERAL DENIAL 1.01 In accordance with Rule 92 of the TEXAS RULES 0F CIVIL PROCEDURE, Defendant Town East exercises its legal right to require Shante Watson (“Plaintiff”) to prove the allegations contained in its pleadings. Defendant Town East generally denies each and every, all and singularly, the allegations set forth in Plaintiff’s Original Petition and Request for Disclosure and demands strict proof thereof upon trial of this case before a jury. II. AFFIRMATIVE DEFENSES 2.01 Pleading alternatively and by way of affirmative defense, Defendant Town East would show that Plaintiff was negligent and through Plaintiffs own actions and the actions of DEFENDANT TOWN EAST HEATING & AIR CONDITIONING INC.’S ORIGINAL ANSWER, SUBJECT TO ITS MOTION TO TRANSFER VENUE Page 1 others, either singularly or in combination, as well as other acts which are reasonably foreseeable from the surrounding circumstances, resulted in Plaintiffs alleged damages and/or injuries and were the proximate and/or producing cause of the accident or damages in question. 2.02 Pleading alternatively and by way of affirmative defense, Defendant Town East would show that if Plaintiff sustained any injuries or damages, such injuries or damages were caused solely or to a great degree by the acts and omissions of others over whom Defendant Town East had no supervision or control, and those acts and omissions were the proximate and/or producing cause of the accident or damages in question. 2.03 Pursuant to TEXAS CIVIL PRACTICE & REMEDIES CODE § 33.001(a) and the laws of Texas, Defendant Town East invokes the law and doctrine of comparative responsibility. Plaintiff may recover damages if Plaintiff’s percentage of responsibility is less than or equal to fifty percent (50%). If Plaintiff’s percentage of responsibility is less than or equal to fifty percent (50%), Plaintiff may recover from Defendant Town East only a percentage of the damages equal to Defendant Town East’s percentage of responsibility. 2.04 Pursuant to TEXAS CIVIL PRACTICE & REMEDIES CODE § 33.012 and the laws of Texas, Defendant Town East specifically pleads that the Court should reduce the amount of damages to be recovered by Plaintiff by a percentage equal to Plaintiff‘s, any other Defendants, each responsible Third Parties, and each settling parties’ percentage of responsibility. 2.05 Pleading alternatively and by way of affirmative defense, Defendant Town East asserts that any alleged damages were the result of a separate, independent cause, not reasonably foreseeable, which destroyed the causal connection, if any, between any alleged actions or DEFENDANT TOWN EAST HEATING & AIR CONDITIONING INC.’S ORIGINAL ANSWER, SUBJECT TO ITS MOTION TO TRANSFER VENUE Page 2 inactions of Defendant Town East and such became the new, intervening, superseding and independent cause of the alleged damages. 2.06 Pursuant to Tex. CiV. Prac. & Rem. Code § 41.0105, Defendant Town East claims and asserts the right to have Plaintiff’s recoveries of medical or health care expenses limited to the amount actually paid by or on behalf of Plaintiff. 2.07 To the extent Plaintiff seeks to recover lost earnings or lost earning capacity, Defendant Town East pleads by way of affirmative defense, that all evidence of lost earnings or loss of earning capacity be submitted in the form of a net loss after reduction for income tax payments and unpaid tax liability. Tex. Civ. Prac. & Rem. Code §18.0901. Pleading further, Defendant Town East requests that this Court instruct the jury as to whether any recovery is subject to federal or state income taxes. Id. 2.08 Plaintiff s prayer for pre-judgment interest, in so far that it includes interest on any future damages beyond the time of the verdict, is barred by the TEXAS CONSTITUTION, the Due Process Clause of the 14TH AMENDMENT, and also the Excessive Fines and Penalties Clause of the EIGHT AMENDMENT to the CONSTITUTION OF THE UNITED STATES OF AMERICA, as the prayer allows Plaintiff to recover interest on unaccrued damages during a period of time when damages are not yet due. Therefore, such prayer is arbitrary, unreasonable, and constitutes the imposition of a penalty. 2.09 Other potentially applicable affirmative defenses are also asserted, and Defendant Town East reserves the right to amend and to assert any and all such affirmative defenses. DEFENDANT TOWN EAST HEATING & AIR CONDITIONING INC.’S ORIGINAL ANSWER, SUBJECT TO ITS MOTION TO TRANSFER VENUE Page 3 III. REQUESTS FOR DISCLOSURE 3.01 Pursuant to TEXAS RULE 0F CIVIL PROCEDURE 194, Defendant Town East requests that Plaintiff disclose, within thirty (30) days of this Request, the information described in Rule 194.2 (a) through (l). 3.02 Pursuant to TEXAS RULE OF CIVIL PROCEDURE 193.7, please be advised that all documents produced in response to these Requests will be utilized in any pretrial proceeding or at trial as authentic unless we are notified otherwise. IV. PRAYER WHEREFORE, Defendant Town East Heating & Air Conditioning Co., Inc. prays that Plaintiff take nothing from Defendant Town East by this action, that Defendant Town East be awarded all costs expended herein, and for such other and further relief to which Defendant Town East may show itself justly entitled. [SPACE LEFT INTENTIONALLY BLANK] DEFENDANT TOWN EAST HEATING & AIR CONDITIONING INC.’S ORIGINAL ANSWER, SUBJECT TO ITS MOTION TO TRANSFER VENUE Page 4 Respectfully submitted, /s/ Megan Zeller J. Brantley Saunders State Bar No. 17681500 brantlev@saunderswalsh.com Megan Zeller State Bar No. meagan@saunderswalsh.com SAUNDERS, WALSH & BEARD Craig Ranch Professional Plaza 6850 TPC Drive, Suite 210 McKinney, Texas 75070 (214) 919-3555 Telephone (214) 945 -4060 Telecopier ATTORNEYS FOR DEFENDANT, TOWN EAST HEATING & AIR CONDITIONING CO., INC. CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document, Defendant Town East Heating & Air Conditioning Co., Inc.’s Original Answer was served upon all counsel of record on this the 21st day of April, 2021, Via e-file/e-serve pursuant to TEXAS RULES OF CIVIL PROCEDURE 21 and 21a. /s/ Megan Zeller Megan Zeller DEFENDANT TOWN EAST HEATING & AIR CONDITIONING INC.’S ORIGINAL ANSWER, SUBJECT TO ITS MOTION TO TRANSFER VENUE Page 5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Stephanie Lookenbill on behalf of Megan Zeller Bar No. 24082187 stephanie@saunderswalsh.com Envelope ID: 52674775 Status as of 4/22/2021 9:51 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Adewale WaIeOdetunde Adewale.Odetunde@witheritelaw.com 4/21/2021 11:19:54 AM SENT Francine Ly fly@dallascourts.org 4/21/2021 11:19:54 AM SENT Associated Case Party: JOSHUA BROWN Name BarNumber Email TimestampSubmitted Status Sandra Liser sliser@namanhowell.com 4/21/2021 11:19:54 AM SENT Grant Liser gliser@namanhowell.com 4/21/2021 11:19:54 AM SENT