On August 24, 2021 a
Answer
was filed
involving a dispute between
Sieger, Patty,
Sieger, Raymond,
and
Cox, Kendra,
Cox, Kimberly,
New Vision Transport, Inc,
Spain, Rickey,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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FILED
10/6/2021 3:49 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Eduardo Suarez DEPUTY
CAUSE NO. DC-21-11457
PATTY SIEGER, INDIVIDUALLY AND THE DISTRICT COURT
§§§§§§§§§
IN
AS NEXT FRIEND 0F A.B., A MINOR; AND
RAYMOND SIEGER
vs. 116'“ JUDICIAL DISTRICT
RICKEY SPAIN AIKIA RICKEY SPAIN, SR.;
NEW VISION TRANSPORT, INC. AND
KENDRA SCOTT DALLAS COUNTY, TEXAS
DEFENDANTS’ ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, NEW VISION TRANSPORT, INC. AND RICKEY SPAIN AIKIA RICKEY
SPAIN, SR., Defendants in the above numbered and styled cause, and files this their Original
Answer, and in support thereof would respectfully show unto the Court the following:
I.
Defendants deny each and every, alland singular, the material allegations made against
them in this cause, demand strict proof thereof, and of this puts themselves upon the country.
ll.
Pleading further, Defendants would show that at the time and on the occasion in question
Plaintiffs failed to exercise that degree of care and caution which would have been exercised by
persons of ordinary prudence under the same or similar circumstances. Such acts and
omissions on the part of Plaintiffs constituted negligence and was a direct and proximate cause
of the accident in question and the damages, if any,sustained by Plaintiffs.
Ill.
Pleading further, Defendants would show that the Plaintiffs’recovery, if any, of medical or
health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of
the Plaintiffs as mandated by Texas Civil Practice & Remedies Code Section 41.0105.
IV.
By way of further defense, Defendants would show that Plaintiffs have failed to mitigate
DEFENDANTS’ ORIGINAL ANSWER PAGE 1
their damages.
V.
Defendants further affirmatively show that the occurrence in question was caused, in
whole or in part, by the acts and/or omissions of a third party over whom these Defendants have
no control and for which these Defendants have no liability.
WHEREFORE, PREMISES CONSIDERED, Defendants New Vision Transport, Inc. and
Rickey Spain a/k/a Rickey Spain, Sr. pray that upon final trial and hearing hereof that no recovery
be had from them, that they go hence without day and recover their costs, and for such other and
further relief to which they may be justly entitled and will ever pray.
Respectfully submitted,
WALTERS, BALIDO & CRAIN, L.L.P.
By: /s/ Jerry L. Ewinq
JERRY L. EWING — 06755470
MARLO D.D. SCHAMBER — 24075024
Meadow Park Tower, Suite 1500
10440 North Central Expressway
Dallas, Texas 75231
(214) 749-4805 — Phone
(214) 760-1670 — Facsimile
ewinqvfax@wbclawfirm .com
C_ERTIF|CATE OF SERVICE
This is to certify that on this 6‘“ day of October 2021 a true and correct copy of the foregoing
was served upon all counsel of record in accordance with the TEXAS RULES OF CIVIL PROCEDURE.
/s/ Jerry L. Ewinq
JERRY L. EWING
DEFENDANTS’ ORIGINAL ANSWER PAGE 2
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.
Whitney Pittman on behalf of Jerry Ewing, Jr.
Bar No. 06755470
Whitney.Pittman@wbclawfirm.com
Envelope ID: 57945876
Status as of 10/7/2021 1:43 PM CST
Associated Case Party: PATTY SIEGER
Name BarNumber Email Timestam pSubmitted Status
Brennan Clay brennan.clay@witheritelaw.com 10/6/2021 3:49:21 PM SENT
Associated Case Party: KENDRA COX
Name BarNumber Email TimestampSubmitted Status
Stephen W.Gwinn ntex.law-dallas-service.278008@statefarm.com 10/6/2021 3:49:21 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jerry Ewing andMarlo Schamber ewingvfax@wbclawfirm.com 10/6/2021 3:49:21 PM SENT
Document Filed Date
October 06, 2021
Case Filing Date
August 24, 2021
Category
MOTOR VEHICLE ACCIDENT
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FILED 10/6/2021 3:49 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Eduardo Suarez DEPUTY CAUSE NO. DC-21-11457 PATTY SIEGER, INDIVIDUALLY AND THE DISTRICT COURT §§§§§§§§§ IN AS NEXT FRIEND 0F A.B., A MINOR; AND RAYMOND SIEGER vs. 116'“ JUDICIAL DISTRICT RICKEY SPAIN AIKIA RICKEY SPAIN, SR.; NEW VISION TRANSPORT, INC. AND KENDRA SCOTT DALLAS COUNTY, TEXAS DEFENDANTS’ ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, NEW VISION TRANSPORT, INC. AND RICKEY SPAIN AIKIA RICKEY SPAIN, SR., Defendants in the above numbered and styled cause, and files this their Original Answer, and in support thereof would respectfully show unto the Court the following: I. Defendants deny each and every, alland singular, the material allegations made against them in this cause, demand strict proof thereof, and of this puts themselves upon the country. ll. Pleading further, Defendants would show that at the time and on the occasion in question Plaintiffs failed to exercise that degree of care and caution which would have been exercised by persons of ordinary prudence under the same or similar circumstances. Such acts and omissions on the part of Plaintiffs constituted negligence and was a direct and proximate cause of the accident in question and the damages, if any,sustained by Plaintiffs. Ill. Pleading further, Defendants would show that the Plaintiffs’recovery, if any, of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the Plaintiffs as mandated by Texas Civil Practice & Remedies Code Section 41.0105. IV. By way of further defense, Defendants would show that Plaintiffs have failed to mitigate DEFENDANTS’ ORIGINAL ANSWER PAGE 1 their damages. V. Defendants further affirmatively show that the occurrence in question was caused, in whole or in part, by the acts and/or omissions of a third party over whom these Defendants have no control and for which these Defendants have no liability. WHEREFORE, PREMISES CONSIDERED, Defendants New Vision Transport, Inc. and Rickey Spain a/k/a Rickey Spain, Sr. pray that upon final trial and hearing hereof that no recovery be had from them, that they go hence without day and recover their costs, and for such other and further relief to which they may be justly entitled and will ever pray. Respectfully submitted, WALTERS, BALIDO & CRAIN, L.L.P. By: /s/ Jerry L. Ewinq JERRY L. EWING — 06755470 MARLO D.D. SCHAMBER — 24075024 Meadow Park Tower, Suite 1500 10440 North Central Expressway Dallas, Texas 75231 (214) 749-4805 — Phone (214) 760-1670 — Facsimile ewinqvfax@wbclawfirm .com C_ERTIF|CATE OF SERVICE This is to certify that on this 6‘“ day of October 2021 a true and correct copy of the foregoing was served upon all counsel of record in accordance with the TEXAS RULES OF CIVIL PROCEDURE. /s/ Jerry L. Ewinq JERRY L. EWING DEFENDANTS’ ORIGINAL ANSWER PAGE 2 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. Whitney Pittman on behalf of Jerry Ewing, Jr. Bar No. 06755470 Whitney.Pittman@wbclawfirm.com Envelope ID: 57945876 Status as of 10/7/2021 1:43 PM CST Associated Case Party: PATTY SIEGER Name BarNumber Email Timestam pSubmitted Status Brennan Clay brennan.clay@witheritelaw.com 10/6/2021 3:49:21 PM SENT Associated Case Party: KENDRA COX Name BarNumber Email TimestampSubmitted Status Stephen W.Gwinn ntex.law-dallas-service.278008@statefarm.com 10/6/2021 3:49:21 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Jerry Ewing andMarlo Schamber ewingvfax@wbclawfirm.com 10/6/2021 3:49:21 PM SENT