Answer: HYNSON, VICKIE vs. METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY TEXAS

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                                CAUSE NO. 2020 45550

                  VICKIE HYNSON                                              §                IN THE DISTRICT COURT OF
                    Plaintiff,                                               §
                                                                             §
                                                                                               HARRIS COUNTY, TEXAS
                                                                             §
                  METROPOLITAN TRANSIT                                       §
                  AUTHORITY OF HARRIS COUNTY,                                §
                  TEXAS                                                      §
                    Defendant.                                               §                      JUDICIAL DISTRICT

                                     DEFENDANT METROPOLITAN TRANSIT AUTHORITY’S
                                        ORIGINAL ANSWER                     AFFIRMATIVE DEFENSES

                           Defendant    Metropolitan     Transit  Authority   of  Harris  County,    Texas   (“METRO”)       files this

                  their Original   Answer    and   Affirmative    Defenses   to  Plaintiffs’  Original  Petition.   METRO       would

                  respectfully show the Court as follows:

                                                                            I.
                                                                         NSWER

                           General Denial

                                    As authorized by Rule 92 of the Texas Rules of Civil Procedure, METRO enters a

                  general denial of all matters pleaded by Plaintiffs and requests that the Court require the Plaintiff to

                  prove   Plaintiff’s  charges   and  allegations   by  a  preponderance     of  the evidence    as required   by  the

                  Constitution and laws of the State of Texas.


                                                                FFIRMATIVE       EFENSES

                           Governmental Immunity

                                    The Texas legislature has the legal authority to limit the terms of consent to be sued

                  and   limit the  total  dollar  amount    to which    itis  willing  to  subject  itself to  liability on  a  claim.

                  Salvatierra v. Via Metropolitan Transit Authority, 974 S.W. 2d 179, 182 (Tex. 1998) citing Trinity

                  River Authority v. Williams, 689 S.W.2d 883,886 (Tex. 1985)
                                    The Texas Transportation Code defines METRO.                 It is a public political entity and

                  corporate body of perpetual succession which exercises public and essential governmental functions.

                  Its operation is not proprietary for any purpose.                RANSP      ODE         §451.052 (Vernon Supp.

                  1998), Salvatierra, 974 S.W. 2d at 182

                                     METRO’s enabling statute is section 451 of the Texas Transportation Code which

                  provides, in part, that an Authority [i.e. METRO] is a          governmental unit      under Chapter 101, Civil

                  Practice and Remedies Code.                 RANSP     ODE         §451.052(c) (Vernon Supp. 1998),

                                    Defendant invokes the defense of governmental immunity to the extent to which said

                  defense has not been waived by the Texas Tort Claims Act.

                           Statutory Limitations

                                      or further answer if necessary, Defendant METRO would also show the Court that

                  pursuant to §101.023(b) of The Texas Tort Claims Act, as a “unit of government” under the Act,

                  METRO’s       liability is limited  to money    damages     in a maximum      amount    of  $100,000.00    for  each

                  person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for

                  each single occurrence for injury to or destruction of property.            Additionally, pursuant to §101.024

                  of the Texas Tort Claims Act, METRO is not subject to exemplary damages.

                           Failure to Mitigate Damages

                                    For further answer if necessary, Defendant METRO would also show that Plaintiff

                  could   have  mitigated    the amount    of  damages      he  suffered  by   utilizing  h   insurance   carrier  for

                  treatment received
                           Rule 193.7 Notice

                                    Defendant METRO hereby gives actual notice to Plaintiff that any and all documents

                  produced may be used against Plaintiff at any pre trial proceeding and/or at trial of this matter without

                  the necessity of authenticating the documents.

                                                                        Prayer

                           WHEREFORE, PREMISES CONSIDERED, this Defendant pray that upon final trial and

                  hearing of this matter, judgment be entered in METRO’s favor in accordance with law and the facts,

                  and for        other and further relief to which it may show itself to be justly entitled.


                                                                                 Respectfully submitted,



                                                                                 /s/Jon P. Bohn
                                                                                 Jon P. Bohn
                                                                                 SBOT:     02564900
                                                                                 ATTORNEY FOR DEFENDANT
                                                                                 P. O. Box 61429
                                                                                 Houston, Texas 77208 1429

                                                                                            4699 Fax
                                                                                 jon.bohn@ridemetro.org



                                                         CERTIFICATE OF SERVICE

                           This is to certify that a true and correct copy of the above and foregoing instrument has been

                  served upon all Attorneys of Record in accordance with Texas Rules of Civil Procedure 21a, on this

                        day of September, 2020

                                                                                 /s/Jon P. Bohn
                                                                                 Jon P. Bohn