On April 16, 2021 a
Answer
was filed
involving a dispute between
Evans, Aretha,
Evans, Tony, Sr.,
Perkins, Monique,
Tanksley, Faith,
Williams, Deon,
and
Choudhury , Mmarooful,
Diamond Staffing Services, Llc,
Hawthorn Suites Franchising, Inc.,
Jain , Sanjeev,
Noshahi, Mohammad Sadiq,
Tasacom Real Estate, Llc,
Tasacom Technologies Inc,
Wyndham Hotel Group, Llc,
Wyndham Hotels & Resorts, Inc.,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
Preview
FILED
6/1/2021 8:28 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Margaret Thomas DEPUTY
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA EVANS, § IN THE DISTRICT COURT OF
individually and on behalf of their minor son, §
T.E., deceased. §
§
Plaintiffs, §
§
v. § DALLAS COUNTY, TEXAS
§
TASACOM REAL ESTATE, LLC d/b/a §
HAWTHORN SUITES DALLAS LOVE §
FIELD, §
§
Defendant. §
§
§ 162“” JUDICIAL DISTRICT
TASACOM REAL ESTATE, LLC d/b/a HAWTHORN SUITES DALLAS LOVE
FIELD’S ORIGINAL ANSWER
Defendant Tasacom Real Estate, LLC d/b/a Hawthorn Suites Dallas Love Field
(“Tasacom”) files this Original Answer (“Original Answer”) in response to Plaintiff‘s Original
Petition and Request for Disclosures (the “Petition”), and any amendments or supplements
thereto, filed by Tony Evans, Sr., and Aretha Evans, individually and on behalf of their minor
son, T.E., deceased. (“Plaintiffs”).
I.
GENERAL DENIAL
1. In accordance with Rule 92 of the Texas Rules of Civil Procedure, Tasacom
generally denies each and every allegation contained in Plaintiffs’ Petition and any amendments
or supplements thereto, and demands strict proof thereof. Tasacom further reserves the right to
amend or supplement this answer at a future date in accordance with the Texas Rules of Civil
Procedure.
TASACOM’S ORIGINAL ANSWER
AND REQUEST FOR DISCLOSURES PAGE - 1
II
AFFIRMATIV.E DEFENSES
2. Subject to and Without waiving the foregoing general denial, Tasacom asserts the
following affirmative defenses:
3. Plaintiffs fail to state a claim upon which relief can be granted.
4. The sole proximate cause of the injuries or damages alleged in the Petition, if any,
was the negligence and/or tortious conduct of persons or entities other than Tasacom, and
therefore Plaintiffs are barred from obtaining a recovery herein against Tasacom, or, alternatively,
any such recovery must be reduced in proportion to the negligence and tortious conduct of others,
including all limitations set forth in the Comparative Responsibility Act, Tex. Civ. Prac. & Rem.
Code
§§ 33.001 , et seq., or otherwise under applicable law.
5. Plaintiffs’ alleged damages should be reduced due to the Plaintiffs’ negligence in
failing to properly supervise the minor.
6. The incident which is the subject of Plaintiffs’ Petition was neither caused in fact
nor proximately caused by any fault, negligence, act, omission, conduct, or breach of duty
attributable to Tasacom.
7. The injuries and damages alleged by Plaintiffs were the result of intervening and
superseding causes for which Tasacom cannot be held liable.
8. The decedent assumed the risk of injury and/or failed to exercise due care on his
own behalf and/or voluntarily elected to subject himself to a known risk.
9. Plaintiffs’ alleged injuries and damages, if any exist, were caused in whole or in
part by a new and independent cause.
TASACOM’S ORIGINAL ANSWER
Page - 2
10. Tasacom is entitled to offset, credit, contribution, and submission of comparative
responsibility as to all potentially responsible parties pursuant to Chapters 32 and 33 of the Texas
Civil Practice and Remedies Code.
11. Plaintiffs have failed to join one or more indispensable parties necessary for the
proper adjudication of this action.
12. Plaintiffs’ claims for economic losses are barred or subject to setoff to the extent
Plaintiffs received, or are entitled to receive, payments outside the scope of the collateral source
rule from non-parties.
l3. Any right to recovery by Plaintiffs in this action, and any liability on the part of
Tasacom, which is expressly denied, is limited in accordance with the provisions of the applicable
wrongful death statutes and common law.
14. Any applicable limitations on damages, including but not limited to those set forth
in Section 41.008 of the Texas Civil Practice and Remedies Code, should be applied in this case.
15. Plaintiff’s request for punitive/exemplary damages, if available, is capped by
applicable rule and/or statute and is subject to reduction.
l6. Tasacom reserves the right to amend and supplement its answer to add affnmative
defenses as necessary based on information obtained during investigation or discovery.
IV.
PRAYER
WHEREFORE, Defendant Tasacom Real Estate, LLC d/b/a Hawthorn Suites Dallas Love
Field respectfully requests that upon trial or other final hearing of this matter, Plaintiffs take
nothing and that the Court grant such other and further relief to which Tasacom Real Estate, LLC
d/b/a Hawthorn Suites Dallas Love Field may be justly entitled.
TASACOM’S ORIGINAL ANSWER
Page - 3
Respectfully submitted,
REED SMITH LLP
By: /s/ Keith M. Aurzada
Keith M. Aurzada
Texas State Bar N0. 24009880
Bradley J. Purcell
Texas State Bar N0. 24063965
Devan J. Dal Col
Texas State Bar No. 241 16244
kaurzada@reedsmith.com
bpurcell@reedsmith.com
ddalcol@reedsmith.com
2850 N. Harwood St, Suite 1500
Dallas, Texas 75201
Telephone: (469) 680-4218
Telecopier: (469) 680-4299
Counsel for Tasacom Real Estate, LLC d/b/a
Hawthorn Suites Dallas Love Field
CERTIFICATE OF SERVICE
In accordance with the Texas Rules of Civil Procedure, I hereby certify that a true and
correct copy of the foregoing document has been served upon all counsel of record through the
Texas e-file system on the 15‘ day of June, 2021.
/S/ Keith M Aurzada
Keith M. Aurzada
TASACOM’S ORIGINAL ANSWER
Page - 4
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.
Shikendra Rhea on behalf of Keith Miles Aurzada
Bar No. 24009880
Srhea@ReedSmith.com
Envelope ID: 53999047
Status as of 6/2/2021 9:44 AM CST
Associated Case Party: ARETHA EVANS
Name BarNumber Email TimestampSubmitted Status
Nuru Witherspoon witherspoon@twlglawyers.com 6/1/2021 8:28:16 PM SENT
Emily Taylor taylor@twlglawyers.com 6/1/2021 8:28:16 PM SENT
Associated Case Party: TONY EVANS
Name BarNumber Email TimestampSubmitted Status
Nuru Witherspoon witherspoon@twlglawyers.com 6/1/2021 8:28:16 PM SENT
Emily Taylor taylor@twlglawyers.com 6/1/2021 8:28:16 PM SENT
Associated Case Party: T. E.
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twlglawyers.com 6/1/2021 8:28:16 PM SENT
Nuru Witherspoon witherspoon@twlglawyers.com 6/1/2021 8:28:16 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Bradley J. Purcell bpurcell@reedsmith.com 6/1/2021 8:28:16 PM SENT
Alicia Nixon anixon@reedsmith.com 6/1/2021 8:28:16 PM SENT
Charletta Dawson cdawson@reedsmith.com 6/1/2021 8:28:16 PM SENT
Shikendra Rhea srhea@reedsmith.com 6/1/2021 8:28:16 PM SENT
Janae Johnson johnson@twlglawyers.com 6/1/2021 8:28:16 PM SENT
NURU WITHERSPOON Witherspoon@twlglawyers.com 6/1/2021 8:28:16 PM SENT
Associated Case Party: TASACOM REAL ESTATE, LLC
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.
Shikendra Rhea on behalf of Keith Miles Aurzada
Bar No. 24009880
Srhea@ReedSmith.com
Envelope ID: 53999047
Status as of 6/2/2021 9:44 AM CST
Associated Case Party: TASACOM REAL ESTATE, LLC
Name BarNumber Email TimestampSubmitted Status
Keith M. Aurzada Kaurzada@reedsmith.com 6/1/2021 8:28:16 PM SENT
Preview
FILED 6/1/2021 8:28 PM FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Margaret Thomas DEPUTY CAUSE NO. DC-21-04901 TONY EVANS, SR., and ARETHA EVANS, § IN THE DISTRICT COURT OF individually and on behalf of their minor son, § T.E., deceased. § § Plaintiffs, § § v. § DALLAS COUNTY, TEXAS § TASACOM REAL ESTATE, LLC d/b/a § HAWTHORN SUITES DALLAS LOVE § FIELD, § § Defendant. § § § 162“” JUDICIAL DISTRICT TASACOM REAL ESTATE, LLC d/b/a HAWTHORN SUITES DALLAS LOVE FIELD’S ORIGINAL ANSWER Defendant Tasacom Real Estate, LLC d/b/a Hawthorn Suites Dallas Love Field (“Tasacom”) files this Original Answer (“Original Answer”) in response to Plaintiff‘s Original Petition and Request for Disclosures (the “Petition”), and any amendments or supplements thereto, filed by Tony Evans, Sr., and Aretha Evans, individually and on behalf of their minor son, T.E., deceased. (“Plaintiffs”). I. GENERAL DENIAL 1. In accordance with Rule 92 of the Texas Rules of Civil Procedure, Tasacom generally denies each and every allegation contained in Plaintiffs’ Petition and any amendments or supplements thereto, and demands strict proof thereof. Tasacom further reserves the right to amend or supplement this answer at a future date in accordance with the Texas Rules of Civil Procedure. TASACOM’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURES PAGE - 1 II AFFIRMATIV.E DEFENSES 2. Subject to and Without waiving the foregoing general denial, Tasacom asserts the following affirmative defenses: 3. Plaintiffs fail to state a claim upon which relief can be granted. 4. The sole proximate cause of the injuries or damages alleged in the Petition, if any, was the negligence and/or tortious conduct of persons or entities other than Tasacom, and therefore Plaintiffs are barred from obtaining a recovery herein against Tasacom, or, alternatively, any such recovery must be reduced in proportion to the negligence and tortious conduct of others, including all limitations set forth in the Comparative Responsibility Act, Tex. Civ. Prac. & Rem. Code §§ 33.001 , et seq., or otherwise under applicable law. 5. Plaintiffs’ alleged damages should be reduced due to the Plaintiffs’ negligence in failing to properly supervise the minor. 6. The incident which is the subject of Plaintiffs’ Petition was neither caused in fact nor proximately caused by any fault, negligence, act, omission, conduct, or breach of duty attributable to Tasacom. 7. The injuries and damages alleged by Plaintiffs were the result of intervening and superseding causes for which Tasacom cannot be held liable. 8. The decedent assumed the risk of injury and/or failed to exercise due care on his own behalf and/or voluntarily elected to subject himself to a known risk. 9. Plaintiffs’ alleged injuries and damages, if any exist, were caused in whole or in part by a new and independent cause. TASACOM’S ORIGINAL ANSWER Page - 2 10. Tasacom is entitled to offset, credit, contribution, and submission of comparative responsibility as to all potentially responsible parties pursuant to Chapters 32 and 33 of the Texas Civil Practice and Remedies Code. 11. Plaintiffs have failed to join one or more indispensable parties necessary for the proper adjudication of this action. 12. Plaintiffs’ claims for economic losses are barred or subject to setoff to the extent Plaintiffs received, or are entitled to receive, payments outside the scope of the collateral source rule from non-parties. l3. Any right to recovery by Plaintiffs in this action, and any liability on the part of Tasacom, which is expressly denied, is limited in accordance with the provisions of the applicable wrongful death statutes and common law. 14. Any applicable limitations on damages, including but not limited to those set forth in Section 41.008 of the Texas Civil Practice and Remedies Code, should be applied in this case. 15. Plaintiff’s request for punitive/exemplary damages, if available, is capped by applicable rule and/or statute and is subject to reduction. l6. Tasacom reserves the right to amend and supplement its answer to add affnmative defenses as necessary based on information obtained during investigation or discovery. IV. PRAYER WHEREFORE, Defendant Tasacom Real Estate, LLC d/b/a Hawthorn Suites Dallas Love Field respectfully requests that upon trial or other final hearing of this matter, Plaintiffs take nothing and that the Court grant such other and further relief to which Tasacom Real Estate, LLC d/b/a Hawthorn Suites Dallas Love Field may be justly entitled. TASACOM’S ORIGINAL ANSWER Page - 3 Respectfully submitted, REED SMITH LLP By: /s/ Keith M. Aurzada Keith M. Aurzada Texas State Bar N0. 24009880 Bradley J. Purcell Texas State Bar N0. 24063965 Devan J. Dal Col Texas State Bar No. 241 16244 kaurzada@reedsmith.com bpurcell@reedsmith.com ddalcol@reedsmith.com 2850 N. Harwood St, Suite 1500 Dallas, Texas 75201 Telephone: (469) 680-4218 Telecopier: (469) 680-4299 Counsel for Tasacom Real Estate, LLC d/b/a Hawthorn Suites Dallas Love Field CERTIFICATE OF SERVICE In accordance with the Texas Rules of Civil Procedure, I hereby certify that a true and correct copy of the foregoing document has been served upon all counsel of record through the Texas e-file system on the 15‘ day of June, 2021. /S/ Keith M Aurzada Keith M. Aurzada TASACOM’S ORIGINAL ANSWER Page - 4 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. Shikendra Rhea on behalf of Keith Miles Aurzada Bar No. 24009880 Srhea@ReedSmith.com Envelope ID: 53999047 Status as of 6/2/2021 9:44 AM CST Associated Case Party: ARETHA EVANS Name BarNumber Email TimestampSubmitted Status Nuru Witherspoon witherspoon@twlglawyers.com 6/1/2021 8:28:16 PM SENT Emily Taylor taylor@twlglawyers.com 6/1/2021 8:28:16 PM SENT Associated Case Party: TONY EVANS Name BarNumber Email TimestampSubmitted Status Nuru Witherspoon witherspoon@twlglawyers.com 6/1/2021 8:28:16 PM SENT Emily Taylor taylor@twlglawyers.com 6/1/2021 8:28:16 PM SENT Associated Case Party: T. E. Name BarNumber Email TimestampSubmitted Status Emily Taylor taylor@twlglawyers.com 6/1/2021 8:28:16 PM SENT Nuru Witherspoon witherspoon@twlglawyers.com 6/1/2021 8:28:16 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Bradley J. Purcell bpurcell@reedsmith.com 6/1/2021 8:28:16 PM SENT Alicia Nixon anixon@reedsmith.com 6/1/2021 8:28:16 PM SENT Charletta Dawson cdawson@reedsmith.com 6/1/2021 8:28:16 PM SENT Shikendra Rhea srhea@reedsmith.com 6/1/2021 8:28:16 PM SENT Janae Johnson johnson@twlglawyers.com 6/1/2021 8:28:16 PM SENT NURU WITHERSPOON Witherspoon@twlglawyers.com 6/1/2021 8:28:16 PM SENT Associated Case Party: TASACOM REAL ESTATE, LLC 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. Shikendra Rhea on behalf of Keith Miles Aurzada Bar No. 24009880 Srhea@ReedSmith.com Envelope ID: 53999047 Status as of 6/2/2021 9:44 AM CST Associated Case Party: TASACOM REAL ESTATE, LLC Name BarNumber Email TimestampSubmitted Status Keith M. Aurzada Kaurzada@reedsmith.com 6/1/2021 8:28:16 PM SENT