Preview
FILED
4/23/2021 1:57 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Darling Tellez DEPUTY
CAUSE NO. DC-21-03869
MICHAEL WALKER, THE DISTRICT COURT
§§§§§§§§§
IN
Plaintiff,
vs.
116T” JUDICIAL DISTRICT
PIONEER NATURAL RESOURCES USA, INC.,
AND POLYPIPE HANDLING SPECIALISTS,
INC. D/B/A MIDLAND CARRIERS,
Defendants. DALLAS COUNTY, TEXAS
DEFENDANT PIONEER NATURAL RESOURCES USA, |NC.'S MOTION TO TRANSFER VENUE
AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION
T0 THE HONORABLE JUDGE 0F SAID COURT:
COMES NOW, Defendant Pioneer Natural Resources USA, lnc., and filesthis, itsMotion
to Transfer Venue and, Subject Thereto, OriginalAnswer to Plaintiff’s Original Petition. In support
thereof, Defendant Pioneer respectfully shows as follows:
I
DEFENDANT’S MOTION TO TRANSFER VENUE
Dallas County is an improper and inconvenient venue for this personal-injury lawsuit.
Therefore, in the interests ofjustice and pursuant to Texas Rule of Civil Procedure 86, et seq.,
Defendant Pioneer Natural Resources respectfully requests that this case be transferred to
Reagan County, Texas.
A. SPECIFIC DENIALS
In support of this Motion to Transfer Venue, Defendant Pioneer makes the following,
specific denials, which establish that Dallas County is not the appropriate venue and that, instead,
Reagan County is the proper venue for this lawsuit:
(i) Defendant Pioneer Natural Resources USA, Inc. specifically denies that the
DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'$ MOTION TO TRANSFER VENUE
AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 1
incident made the basis of this lawsuit occurred in Dallas County, Texas. Instead,
it is alleged to have occurred in Reagan County.
(ii) Defendant Pioneer Natural Resources USA, Inc. specifically denies that it owned,
occupied or controlled the property where Plaintiff’s alleged incident occurred.
(iii) Defendant Pioneer Natural Resources USA, Inc. specifically denies that it
employed or controlled the people involved in Plaintiff’s alleged incident.
(iv) Defendant Pioneer Natural Resources USA, Inc. specifically denies that it owned,
occupied or controlled the property where Plaintiff’s alleged incident occurred.
(v) Defendant Pioneer Natural Resources USA, Inc. specifically denies that the
persons with knowledge of the incident made the basis of this lawsuit reside in
Dallas County, Texas.
(vi) Defendant Pioneer Natural Resources USA, Inc. specifically denies that the non-
party witnesses who may have knowledge of or involvement in the incident made
the basis of this lawsuit reside in Dallas County, Texas.
(vii) Defendant Pioneer Natural Resources USA, Inc. specifically denies that property
or physical evidence involved in the incident made the basis of this lawsuit is
located in Dallas County, Texas.
(viii) Defendant Pioneer Natural Resources USA, Inc. specifically denies that Plaintiff,
who has failed to disclose his County of residence, but per his Petition works in or
around the incident area, would be prejudiced or burdened by a transfer to the
proper county of venue, Reagan County.
B. TRANSFER TO REAGAN COUNTY
Texas venue law iswell-established. Absent an applicable, mandatory venue provision,
Texas Civil Practice & Remedies Code § 15.002(a) provides that "all lawsuits shall be brought:
(1) in the county in which allor a substantial part of the events or omissions giving rise to the
claim occurred; (2) in the county of defendant’s residence at the time the cause of action accrued
if defendant is a natural person; (3) in the county of the defendant's principal office Ithis state,
DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE
AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 2
if the defendant is not a natural person; or (4) if Subdivisions (1), (2), and (3) do not apply, in the
county in which the plaintiff resided at the time of the accrual of the cause of action}
"For the convenience of the parties and witnesses and in the interest of justice, a court
may transfer an action from a county of proper venue under this subchapter... to any other
county of proper venue on motion of a defendant filed and served concurrently with or before
the filing of the answer, where the court finds: (1) maintenance of the action in the county of suit
would work an injustice to the movant considering the movant’s economic and personal
hardship; (2) the balance of interests of all the parties predominates in favor of the action being
brought in the other county; and (3) the transfer of the action would not work an injustice to any
other party/’2
Plaintiff seeks to obscure the impropriety of his chosen venue, first by failing in his Petition
to even disclose the location of the incident and then --
notwithstanding that mystery --
claiming
without support that Defendant Pioneer Natural Resources owned, occupied, or controlled that
property, thereby setting venue based upon Pioneer’s Texas headquarters.3 In actuality,
Plaintiff’s alleged incident appears to have occurred on or near 6000-6598 Ranch Road 33 in Big
Lake, Texas, which islocated in Reagan County. Defendant Pioneer did not own that property.
Nor did Pioneer own any of the equipment involved in the incident, or employ or control any of
the persons involved. Plaintiff has failed to establish that Defendant Pioneer isa proper party
1
Tex. Civ. Prac. & Rem. Code Ann. § 15.0002(a) (West 2021).
2
Tex. Civ. Prac. & Rem. Code Ann. § 15.0002(b) (West 2021).
3
See, generally Pl’s Orig. Pet., at p. 1 1] 3 (Plaintiff failing to identify his own County of residence); p. 2, 1] 8
(asserting venue in Dallas County ”because one or more Defendants had its principal office in Dallas County, Texas,
at the time the action accrued”).
DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE
AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 3
to this lawsuit, and therefore Pioneer’s headquarters should not serve as a ”hook” for venue.
Additionally, even assuming arguendo that Dallas County were deemed procedurally
proper, this case should Li“ be transferred to Reagan County for the convenience of the parties
and inthe interest ofjustice. Plaintiff's alleged incident occurred in Reagan County and, upon
information and belief, the relevant property, evidence, and witnesses would allbe located in or
near to Reagan County. In fact, the only claimed connection to Dallas County —
located more
than 300 miles away from Reagan County --
is an implied allegation that Pioneer maintained a
corporate office in Irving. Consequently, the balance of logistical, procedural and equitable
factors weigh strongly in favor of transferring venue to Reagan County.
DEFENDANT PIONEER NATURAL RESOURCES’ ORIGINAL
ANSWER, FILED SUBJECT TO ITS MOTION TO TRANSFER VENUE
Subject to Defendant Pioneer Natural Resources USA, Inc.’s Motion to Transfer Venue,
above, Defendant Pioneer Natural Resources USA, Inc. hereby files its Original Answer to
Plaintiff’s Original Petition, and in support thereof, would respectfully show as follows:
A. GENERAL DENIAL
Defendant Pioneer Natural Resources USA, Inc. denies each and every, alland singular,
the material allegations contained in Plaintiff’s Original Petition. Defendant further demands
strict proof thereof, and to the extent that such matters are questions of fact, says Plaintiff must
prove such facts by a preponderance of the evidence, or by clear and convincing evidence as
required, to a jury, if he can do so.
DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE
AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 4
B. DEFENSES AND LIMITATIONS 0N DAMAGES AND LIABILITY
1. Defendant Pioneer Natural Resources USA, Inc. specifically denies Plaintiff’s claims
that it was negligent in any way or at any time, and Defendant denies that any of its alleged acts
or omissions proximately caused Plaintiff's alleged damages, if any.
2. Defendant Pioneer further denies that it owned, occupied or controlled the
property where the alleged incident isclaimed to have occurred, and Defendant denies that it
owned, operated, employed or controlled any of the equipment or persons involved in the
alleged incident.
3. Pleading further, Defendant Pioneer claims that Plaintiff failed to use that degree
of care and caution as would have been used by a reasonable person under the same or similar
circumstances, thereby producing or proximately causing or contributing to cause Plaintiff’s
alleged injuries and damages, if any. Such acts or omissions of Plaintiff were the sole and/or a
producing and/or a proximate cause of Plaintiff’s damages or injuries, if any.
4. Defendant contends that Plaintiff’s alleged damages or injuries, if any, were caused
by the acts and/or omissions of one or more third persons not under the control of Defendant
Pioneer Natural Resources USA, Inc. and that such acts and/or omissions of said third persons
were the sole and/or a producing and/or a proximate and/or a supervening and/or an intervening
cause of Plaintiff's alleged damages or injuries, if any.
5. Defendant Pioneer contends that Plaintiff’s alleged damages complained of, if any,
may be the result of pre-existing injuries and/or conditions and/or prior accidents, injuries,
illnesses, or incidents and that such prior and pre-existing issues were the sole and/or a
contributing cause of Plaintiff’s damages asserted in this lawsuit.
DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE
AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 5
6. Defendant Pioneer contends that Plaintiff’s alleged damages complained of, if any,
may be the result of subsequent and unrelated injuries, conditions, accidents, injuries, illnesses,
or incidents and that such subsequent and unrelated issues were a new and intervening and/or
contributing new and intervening cause of Plaintiff's damages asserted in this lawsuit.
7. Defendant Pioneer contends that Plaintiff may be malingering and/or exaggerating
the nature and/or severity of his alleged damages and/or injuries in order to inflate damages.
8. Defendant Pioneer contends that any claims for medical or health care expenses is
limited to the amounts actually paid or incurred by or on behalf of Plaintiff, pursuant to Texas
Civil Practice and Remedies Code § 41.0105.
9. Defendant Pioneer contends that, pursuant to Texas Civil Practice & Remedies
Code § 18.091, to the extent Plaintiff is seeking a recovery for lost wages, losses of earning
capacity and/or other losses of contributions of pecuniary value, evidence of such alleged losses
must be presented by Plaintiff in the form of a net loss after reduction for income tax payments,
or unpaid tax liability to any federal income tax law.
10. Defendant Pioneer states that, in the unlikely event an adversejudgment would be
rendered against it in this matter, Defendant respectfully prays for contribution, indemnity
and/or all available credits as provided for in the Texas Civil Practice and Remedies Code and
under Texas law.
11. Defendant Pioneer specifically denies Plaintiff’s claims that Defendant was grossly
negligent, and Defendant denies that Plaintiff has pled or proved a viable cause of action for gross
negligence against Defendant; therefore, Defendant respectfully prays that this Honorable Court
strike such claims in the absence of some evidence produced by Plaintiff in support thereof.
DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE
AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 6
12. Defendant Pioneer further pleads the defense of unconstitutionality and says that
any award of exemplary damages would constitute the imposition of a criminal penalty without
the safeguards guaranteed by the Fifth, Sixth, Eighth, and Fourteenth Amendments of the
Constitution of the United States and the similar provisions of the Texas Constitution.
Furthermore, any imposition of exemplary damages constitutes an excessive fine in violation of
the Eighth Amendment, denies Defendant the equal protection of the laws under the Fourteenth
Amendment, and violates the due process clauses of the Fifth and Fourteenth Amendments. Any
claim by Plaintiffs for exemplary damages should be stricken as unconstitutional and any award
of exemplary damages should be set aside.
C. REQUEST FOR COURT REPORTER.
Defendant Pioneer respectfully requests that a court reporter be present at all
proceedings before this Honorable Court.
III
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant Pioneer Natural Resources USA, Inc.
respectfully prays: (1) upon hearing Defendant’s Motion to Transfer Venue, that this Honorable
Court transfer venue in this matter to Reagan County, Texas, with the costs incurred herein being
taxed against Plaintiff; (2) that Plaintiff take nothing by this cause of action against Defendant;
(3) that Defendant be permitted to recover the costs expended on itsbehalf; and (4) for a|| such
other and further relief to which Defendant may show itselfjustly entitled.
DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE
AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 7
Respectfully submitted,
PEAVLER |
BRISCOE
/s/ Donna C. Peavler
Donna C. Peavler
State Bar No. 00783887
dpeavler@ peavlerbriscoe.com
Nicolas M. Lund
State Bar No. 24084391
n|und@peavlerbriscoe.com
PEAVLER |
BRIsc0E
2215 Westgate Plaza
Grapevine, Texas 76051
(214) 999-0550 (telephone)
(214) 999-0551 (facsimile)
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
The undersigned Counsel for Defendant Pioneer hereby certifies that a true and correct
copy of the foregoing document has been forwarded to all counsel of record, pursuant to and in
accordance with the Texas Rules of Civil Procedure, on April 23, 2021.
/s/ Donna C. Peavler
Donna C. Peavler
DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE
AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 8
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.
Donna Peavler on behalf of Donna Peavler
Bar No. 783887
dpeavler@peavlerbriscoe.com
Envelope ID: 52773645
Status as of 4/26/2021 2:27 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jessica Dean jdean@awtxlaw.com 4/23/2021 1:57:14 PM SENT
Juan P. Reyna 24027649 jr@jreynalawfirm.com 4/23/2021 1:57:14 PM SENT
Muhammad S.Aziz maziz@awtxlaw.com 4/23/2021 1:57:14 PM SENT
Jason F.Muriby jmuriby@awtxlaw.com 4/23/2021 1:57:14 PM SENT
Maria Sandoval msandoval@awtxlaw.com 4/23/2021 1:57:14 PM SENT
Donna Peavler dpeavler@peavlerbriscoe.com 4/23/2021 1:57:14 PM SENT
Nicolas MLund nlund@peavlerbriscoe.com 4/23/2021 1:57:14 PM SENT
Janie Karrington jkarrington@peavlerbriscoe.com 4/23/2021 1:57:14 PM SENT
Sandy Dixon sdixon@peavlerbriscoe.com 4/23/2021 1:57:14 PM SENT
Preview
FILED 4/23/2021 1:57 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Darling Tellez DEPUTY CAUSE NO. DC-21-03869 MICHAEL WALKER, THE DISTRICT COURT §§§§§§§§§ IN Plaintiff, vs. 116T” JUDICIAL DISTRICT PIONEER NATURAL RESOURCES USA, INC., AND POLYPIPE HANDLING SPECIALISTS, INC. D/B/A MIDLAND CARRIERS, Defendants. DALLAS COUNTY, TEXAS DEFENDANT PIONEER NATURAL RESOURCES USA, |NC.'S MOTION TO TRANSFER VENUE AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION T0 THE HONORABLE JUDGE 0F SAID COURT: COMES NOW, Defendant Pioneer Natural Resources USA, lnc., and filesthis, itsMotion to Transfer Venue and, Subject Thereto, OriginalAnswer to Plaintiff’s Original Petition. In support thereof, Defendant Pioneer respectfully shows as follows: I DEFENDANT’S MOTION TO TRANSFER VENUE Dallas County is an improper and inconvenient venue for this personal-injury lawsuit. Therefore, in the interests ofjustice and pursuant to Texas Rule of Civil Procedure 86, et seq., Defendant Pioneer Natural Resources respectfully requests that this case be transferred to Reagan County, Texas. A. SPECIFIC DENIALS In support of this Motion to Transfer Venue, Defendant Pioneer makes the following, specific denials, which establish that Dallas County is not the appropriate venue and that, instead, Reagan County is the proper venue for this lawsuit: (i) Defendant Pioneer Natural Resources USA, Inc. specifically denies that the DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'$ MOTION TO TRANSFER VENUE AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 1 incident made the basis of this lawsuit occurred in Dallas County, Texas. Instead, it is alleged to have occurred in Reagan County. (ii) Defendant Pioneer Natural Resources USA, Inc. specifically denies that it owned, occupied or controlled the property where Plaintiff’s alleged incident occurred. (iii) Defendant Pioneer Natural Resources USA, Inc. specifically denies that it employed or controlled the people involved in Plaintiff’s alleged incident. (iv) Defendant Pioneer Natural Resources USA, Inc. specifically denies that it owned, occupied or controlled the property where Plaintiff’s alleged incident occurred. (v) Defendant Pioneer Natural Resources USA, Inc. specifically denies that the persons with knowledge of the incident made the basis of this lawsuit reside in Dallas County, Texas. (vi) Defendant Pioneer Natural Resources USA, Inc. specifically denies that the non- party witnesses who may have knowledge of or involvement in the incident made the basis of this lawsuit reside in Dallas County, Texas. (vii) Defendant Pioneer Natural Resources USA, Inc. specifically denies that property or physical evidence involved in the incident made the basis of this lawsuit is located in Dallas County, Texas. (viii) Defendant Pioneer Natural Resources USA, Inc. specifically denies that Plaintiff, who has failed to disclose his County of residence, but per his Petition works in or around the incident area, would be prejudiced or burdened by a transfer to the proper county of venue, Reagan County. B. TRANSFER TO REAGAN COUNTY Texas venue law iswell-established. Absent an applicable, mandatory venue provision, Texas Civil Practice & Remedies Code § 15.002(a) provides that "all lawsuits shall be brought: (1) in the county in which allor a substantial part of the events or omissions giving rise to the claim occurred; (2) in the county of defendant’s residence at the time the cause of action accrued if defendant is a natural person; (3) in the county of the defendant's principal office Ithis state, DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 2 if the defendant is not a natural person; or (4) if Subdivisions (1), (2), and (3) do not apply, in the county in which the plaintiff resided at the time of the accrual of the cause of action} "For the convenience of the parties and witnesses and in the interest of justice, a court may transfer an action from a county of proper venue under this subchapter... to any other county of proper venue on motion of a defendant filed and served concurrently with or before the filing of the answer, where the court finds: (1) maintenance of the action in the county of suit would work an injustice to the movant considering the movant’s economic and personal hardship; (2) the balance of interests of all the parties predominates in favor of the action being brought in the other county; and (3) the transfer of the action would not work an injustice to any other party/’2 Plaintiff seeks to obscure the impropriety of his chosen venue, first by failing in his Petition to even disclose the location of the incident and then -- notwithstanding that mystery -- claiming without support that Defendant Pioneer Natural Resources owned, occupied, or controlled that property, thereby setting venue based upon Pioneer’s Texas headquarters.3 In actuality, Plaintiff’s alleged incident appears to have occurred on or near 6000-6598 Ranch Road 33 in Big Lake, Texas, which islocated in Reagan County. Defendant Pioneer did not own that property. Nor did Pioneer own any of the equipment involved in the incident, or employ or control any of the persons involved. Plaintiff has failed to establish that Defendant Pioneer isa proper party 1 Tex. Civ. Prac. & Rem. Code Ann. § 15.0002(a) (West 2021). 2 Tex. Civ. Prac. & Rem. Code Ann. § 15.0002(b) (West 2021). 3 See, generally Pl’s Orig. Pet., at p. 1 1] 3 (Plaintiff failing to identify his own County of residence); p. 2, 1] 8 (asserting venue in Dallas County ”because one or more Defendants had its principal office in Dallas County, Texas, at the time the action accrued”). DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 3 to this lawsuit, and therefore Pioneer’s headquarters should not serve as a ”hook” for venue. Additionally, even assuming arguendo that Dallas County were deemed procedurally proper, this case should Li“ be transferred to Reagan County for the convenience of the parties and inthe interest ofjustice. Plaintiff's alleged incident occurred in Reagan County and, upon information and belief, the relevant property, evidence, and witnesses would allbe located in or near to Reagan County. In fact, the only claimed connection to Dallas County — located more than 300 miles away from Reagan County -- is an implied allegation that Pioneer maintained a corporate office in Irving. Consequently, the balance of logistical, procedural and equitable factors weigh strongly in favor of transferring venue to Reagan County. DEFENDANT PIONEER NATURAL RESOURCES’ ORIGINAL ANSWER, FILED SUBJECT TO ITS MOTION TO TRANSFER VENUE Subject to Defendant Pioneer Natural Resources USA, Inc.’s Motion to Transfer Venue, above, Defendant Pioneer Natural Resources USA, Inc. hereby files its Original Answer to Plaintiff’s Original Petition, and in support thereof, would respectfully show as follows: A. GENERAL DENIAL Defendant Pioneer Natural Resources USA, Inc. denies each and every, alland singular, the material allegations contained in Plaintiff’s Original Petition. Defendant further demands strict proof thereof, and to the extent that such matters are questions of fact, says Plaintiff must prove such facts by a preponderance of the evidence, or by clear and convincing evidence as required, to a jury, if he can do so. DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 4 B. DEFENSES AND LIMITATIONS 0N DAMAGES AND LIABILITY 1. Defendant Pioneer Natural Resources USA, Inc. specifically denies Plaintiff’s claims that it was negligent in any way or at any time, and Defendant denies that any of its alleged acts or omissions proximately caused Plaintiff's alleged damages, if any. 2. Defendant Pioneer further denies that it owned, occupied or controlled the property where the alleged incident isclaimed to have occurred, and Defendant denies that it owned, operated, employed or controlled any of the equipment or persons involved in the alleged incident. 3. Pleading further, Defendant Pioneer claims that Plaintiff failed to use that degree of care and caution as would have been used by a reasonable person under the same or similar circumstances, thereby producing or proximately causing or contributing to cause Plaintiff’s alleged injuries and damages, if any. Such acts or omissions of Plaintiff were the sole and/or a producing and/or a proximate cause of Plaintiff’s damages or injuries, if any. 4. Defendant contends that Plaintiff’s alleged damages or injuries, if any, were caused by the acts and/or omissions of one or more third persons not under the control of Defendant Pioneer Natural Resources USA, Inc. and that such acts and/or omissions of said third persons were the sole and/or a producing and/or a proximate and/or a supervening and/or an intervening cause of Plaintiff's alleged damages or injuries, if any. 5. Defendant Pioneer contends that Plaintiff’s alleged damages complained of, if any, may be the result of pre-existing injuries and/or conditions and/or prior accidents, injuries, illnesses, or incidents and that such prior and pre-existing issues were the sole and/or a contributing cause of Plaintiff’s damages asserted in this lawsuit. DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 5 6. Defendant Pioneer contends that Plaintiff’s alleged damages complained of, if any, may be the result of subsequent and unrelated injuries, conditions, accidents, injuries, illnesses, or incidents and that such subsequent and unrelated issues were a new and intervening and/or contributing new and intervening cause of Plaintiff's damages asserted in this lawsuit. 7. Defendant Pioneer contends that Plaintiff may be malingering and/or exaggerating the nature and/or severity of his alleged damages and/or injuries in order to inflate damages. 8. Defendant Pioneer contends that any claims for medical or health care expenses is limited to the amounts actually paid or incurred by or on behalf of Plaintiff, pursuant to Texas Civil Practice and Remedies Code § 41.0105. 9. Defendant Pioneer contends that, pursuant to Texas Civil Practice & Remedies Code § 18.091, to the extent Plaintiff is seeking a recovery for lost wages, losses of earning capacity and/or other losses of contributions of pecuniary value, evidence of such alleged losses must be presented by Plaintiff in the form of a net loss after reduction for income tax payments, or unpaid tax liability to any federal income tax law. 10. Defendant Pioneer states that, in the unlikely event an adversejudgment would be rendered against it in this matter, Defendant respectfully prays for contribution, indemnity and/or all available credits as provided for in the Texas Civil Practice and Remedies Code and under Texas law. 11. Defendant Pioneer specifically denies Plaintiff’s claims that Defendant was grossly negligent, and Defendant denies that Plaintiff has pled or proved a viable cause of action for gross negligence against Defendant; therefore, Defendant respectfully prays that this Honorable Court strike such claims in the absence of some evidence produced by Plaintiff in support thereof. DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 6 12. Defendant Pioneer further pleads the defense of unconstitutionality and says that any award of exemplary damages would constitute the imposition of a criminal penalty without the safeguards guaranteed by the Fifth, Sixth, Eighth, and Fourteenth Amendments of the Constitution of the United States and the similar provisions of the Texas Constitution. Furthermore, any imposition of exemplary damages constitutes an excessive fine in violation of the Eighth Amendment, denies Defendant the equal protection of the laws under the Fourteenth Amendment, and violates the due process clauses of the Fifth and Fourteenth Amendments. Any claim by Plaintiffs for exemplary damages should be stricken as unconstitutional and any award of exemplary damages should be set aside. C. REQUEST FOR COURT REPORTER. Defendant Pioneer respectfully requests that a court reporter be present at all proceedings before this Honorable Court. III PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant Pioneer Natural Resources USA, Inc. respectfully prays: (1) upon hearing Defendant’s Motion to Transfer Venue, that this Honorable Court transfer venue in this matter to Reagan County, Texas, with the costs incurred herein being taxed against Plaintiff; (2) that Plaintiff take nothing by this cause of action against Defendant; (3) that Defendant be permitted to recover the costs expended on itsbehalf; and (4) for a|| such other and further relief to which Defendant may show itselfjustly entitled. DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 7 Respectfully submitted, PEAVLER | BRISCOE /s/ Donna C. Peavler Donna C. Peavler State Bar No. 00783887 dpeavler@ peavlerbriscoe.com Nicolas M. Lund State Bar No. 24084391 n|und@peavlerbriscoe.com PEAVLER | BRIsc0E 2215 Westgate Plaza Grapevine, Texas 76051 (214) 999-0550 (telephone) (214) 999-0551 (facsimile) ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE The undersigned Counsel for Defendant Pioneer hereby certifies that a true and correct copy of the foregoing document has been forwarded to all counsel of record, pursuant to and in accordance with the Texas Rules of Civil Procedure, on April 23, 2021. /s/ Donna C. Peavler Donna C. Peavler DEFENDANT PIONEER NATURAL RESOURCES USA, INC.'S MOTION TO TRANSFER VENUE AND, SUBJECT THERETO, ORIGINAL ANSWER TO PLAINTIFF'S ORIGINAL PETITION Page 8 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. Donna Peavler on behalf of Donna Peavler Bar No. 783887 dpeavler@peavlerbriscoe.com Envelope ID: 52773645 Status as of 4/26/2021 2:27 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Jessica Dean jdean@awtxlaw.com 4/23/2021 1:57:14 PM SENT Juan P. Reyna 24027649 jr@jreynalawfirm.com 4/23/2021 1:57:14 PM SENT Muhammad S.Aziz maziz@awtxlaw.com 4/23/2021 1:57:14 PM SENT Jason F.Muriby jmuriby@awtxlaw.com 4/23/2021 1:57:14 PM SENT Maria Sandoval msandoval@awtxlaw.com 4/23/2021 1:57:14 PM SENT Donna Peavler dpeavler@peavlerbriscoe.com 4/23/2021 1:57:14 PM SENT Nicolas MLund nlund@peavlerbriscoe.com 4/23/2021 1:57:14 PM SENT Janie Karrington jkarrington@peavlerbriscoe.com 4/23/2021 1:57:14 PM SENT Sandy Dixon sdixon@peavlerbriscoe.com 4/23/2021 1:57:14 PM SENT