Answer: MIRELES, JANIE vs. FIESTA MART LLC AT 14315 BELLAIRE BLVD HOUSTON TEX

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                                Plaintiff,

                                                                                       HARRIS COUNTY, TEXAS


                 FIESTA MART, LLC at 14315 BELLAIRE

                           Defendant.

                                    DEFENDANT FIESTA MART, LLC’S ORIGINAL ANSWER

                  TO THE HONORABLE JUDGE OF SAID COURT:

                           Defendant     FIESTA      MART,      LLC,    files  this  Original   Answer     to  Plaintiff’s   Original

                  Petition (“Petition”), and in s

                                                                     General Denial

                                    Under Rule 92 of the Texas Rules of Civil Procedure, Defendant generally denies

                  each and every allegation made aga

                                                                 Affirmative Defenses

                                    Defendant      asserts   the  affirmative     defense    of   contributory     negligence.    The

                  negligence of Plaintiff caused or contributed to Plaintiff’s injures so that the claims are barred or,

                  in  the  alternative,  must   be  reduced    in  accordance     with  the  relative   degree   of  Plaintiff’s  own

                  negligence. Defendant requests the trier of fact to determine Plaintiff’s liability and percentage of

                                                           ivil Practice & Remedies Code section 33.003.

                                    Defendant is entitled to all caps and limitations on damages pursuant to the Texas

                  Civil Practice & Remedies Code.

                                    Defendant     alleges   that  Plaintiff’s  injuries   and/or   damages     were   caused    by  an




                  HOULITIGATION:1789234.1
                                    Defendant affirmatively pleads that Plaintiff’s injuries were caused by the actions



                                    Defendant     affirmatively   pleads   the  defense   set forth  in  Texas   Civil  Practice   and

                  Remedies     Code   Section    18.091,   requiring   Plaintiff  to prove   Plaintiff’s  loss  of  earning,   loss  of

                  contributions of a pecuniary value, and/or loss of earning capacity in the form of a net loss after

                  reduction for income tax payments or unpaid tax liability on said loss or earning claim pursuant

                  to any federal income tax law.

                                    To the extent that Plaintiff’s medical expenses exceed the amou

                  Plaintiff’s  behalf   to  Plaintiff’s  medical    providers,   Defendant     asserts  the  statutory   defense    set

                  forth  in  Section   41.0105    of  the  Texas   Civil   Practice   and  Remedies     Code.    Thus,   recovery    of

                  Plaintiff’s medical or health care expenses is limited to the amount actually paid or incurred by



                                    Plaintiff’s  claims   for pre-judgment      interest are  limited   by  the dates  and   amounts

                  set forth  in  Section   304.104   of  the  Texas   Finance   Code    and  Section   41.007    of the  Texas   Civil

                  Practice & Remedies Code.



                           FOR    THESE      REASONS,       Defendant     FIESTA     MART,      LLC    respectfully   prays   that the

                  Court enter a judgment that:

                                    Dismisses    all  claims   against   Defendant     FIESTA     MART,      LLC    and   orders  that



                                    Orders   that  Defendant    recover   all costs  incurred   in  defense   of Plaintiff’s  claims,

                          and that Defendant’ judgment aga




                  HOULITIGATION:1789234.1
                                    Such   other  and   further  relief, general   and   special,  at law   or in  equity,  to  which

                                    Defendant may be justly entitled.

                                                                        Respectfully submitted,
                                                                        MEHAFFYWEBER, P.C.

                                                                        By:/s/Maryalyce W. Cox
                                                                        Maryalyce W. Cox
                                                                        State Bar N

                                                                        State Bar N
                                                                        One Allen Center

                                                                        Houst
                                                                        Tele
                                                                        Telecopier    -(
                                                                        maryalycecox@mehaffyweber.com

                                                                        ATTORNEY FOR DEFENDANT
                                                                        FIESTA MART, LLC.

                                                         CERTIFICATE OF SERVICE

                           This will certify that a copy of the foregoing document was fu




                                                                        Maryalyce W. Cox




                  HOULITIGATION:1789234.1