On October 23, 2017 a
Answer
was filed
involving a dispute between
El, Charles,
and
Johnson, Dedra Lashawn,
for Motor Vehicle Accident
in the District Court of Harris County.
Preview
11/30/2017 2:44 PM
Chris Daniel - District Clerk Harris County
Envelope No. 21000427
By: Jacob Blessing
NO. 2017-71605 Filed: 11/30/2017 2:44 PM
CHARLES EL § IN THE DISTRICT COURT OF
VS. : HARRIS COUNTY, TEXAS
DEDRA LASHAWN JOHNSON 5 1515" JUDICIAL DISTRICT
DEFENDANT’S ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, DEDRA LASHAWN JOHNSON, Defendant in the above entitled
and numbered cause, and files this her Answer to Plaintiff's Original Petition, and would
respectfully show unto the Court the following:
I.
Subject to any stipulations or admissions that may hereafter be made, Defendant
asserts a general denial, as authorized by Rule 92 of the Texas Rules of Civil Procedure, and
respectfully requests that the Plaintiffbe required to prove the charges and allegations against
Defendant by a preponderance of the evidence in accordance with the laws of the State of
Texas.
IL.
Defendant would show that any injuries claimed by the Plaintiff is and has been due
to illness, disease, injury, or accident which either existed before or occurred after the alleged
accident made the basis of this lawsuit, such conditions being in no way related to or caused
by the accident made the basis of this lawsuit.ll.
Defendant would further show that she is entitled to the limitation of damages for
recoverable medical expenses, if any, claimed by Plaintiff pursuant to Section 41.0105 of the
Civil Practices and Remedies Code and that Plaintiff is entitled to recover only the amount
of medical expenses, if any, actually paid by or on behalf of Plaintiff.
IV.
Defendant would further show that she is entitled to the limitation of damages for
recoverable loss of earnings or loss of earning capacity, if any, pursuant to Section 18.091
of the Civil Practice and Remedies Code and that Plaintiff is entitled to recover only the
amount of loss of earnings or loss of earning capacity after reduction for income tax
payments or unpaid tax liability to any income tax law.
VI.
Defendant requests a trial by jury.
VII.
REQUEST FOR DISCLOSURE
Pursuant to Rule 194, you are requested to disclose, within thirty (30) days of service
of this request, the information or material described in Rule 194.2 (a) - (I).
WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take
nothing by reason of this suit, and that Defendant be discharged with her costs and for suchother and further relief, both general and special, at law or in equity, to which Defendant may
show herself justly entitled and for which she will ever pray.
Respectfully submitted,
WHITTING @ von STERNBERG
—
BRUCE M. FEICHTINGER
State Bar No. 06874800
2600 S. Gessner, Suite 300
Houston, Texas 77063
Telephone: (713) 789-8850
Facsimile: (713) 789-0033
Email: bmf@wvstlaw.com
By:
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
| hereby certify that a true and correct copy of the above and foregoing document has
been forwarded to all counsel of record by e-service, facsimile and/or certified mail, return
receipt requested, on this the Se day of, ember, 2017.
BRUCE M. FEICHTINGER
3-
Document Filed Date
November 30, 2017
Case Filing Date
October 23, 2017
Category
Motor Vehicle Accident
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11/30/2017 2:44 PM Chris Daniel - District Clerk Harris County Envelope No. 21000427 By: Jacob Blessing NO. 2017-71605 Filed: 11/30/2017 2:44 PM CHARLES EL § IN THE DISTRICT COURT OF VS. : HARRIS COUNTY, TEXAS DEDRA LASHAWN JOHNSON 5 1515" JUDICIAL DISTRICT DEFENDANT’S ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, DEDRA LASHAWN JOHNSON, Defendant in the above entitled and numbered cause, and files this her Answer to Plaintiff's Original Petition, and would respectfully show unto the Court the following: I. Subject to any stipulations or admissions that may hereafter be made, Defendant asserts a general denial, as authorized by Rule 92 of the Texas Rules of Civil Procedure, and respectfully requests that the Plaintiffbe required to prove the charges and allegations against Defendant by a preponderance of the evidence in accordance with the laws of the State of Texas. IL. Defendant would show that any injuries claimed by the Plaintiff is and has been due to illness, disease, injury, or accident which either existed before or occurred after the alleged accident made the basis of this lawsuit, such conditions being in no way related to or caused by the accident made the basis of this lawsuit.ll. Defendant would further show that she is entitled to the limitation of damages for recoverable medical expenses, if any, claimed by Plaintiff pursuant to Section 41.0105 of the Civil Practices and Remedies Code and that Plaintiff is entitled to recover only the amount of medical expenses, if any, actually paid by or on behalf of Plaintiff. IV. Defendant would further show that she is entitled to the limitation of damages for recoverable loss of earnings or loss of earning capacity, if any, pursuant to Section 18.091 of the Civil Practice and Remedies Code and that Plaintiff is entitled to recover only the amount of loss of earnings or loss of earning capacity after reduction for income tax payments or unpaid tax liability to any income tax law. VI. Defendant requests a trial by jury. VII. REQUEST FOR DISCLOSURE Pursuant to Rule 194, you are requested to disclose, within thirty (30) days of service of this request, the information or material described in Rule 194.2 (a) - (I). WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take nothing by reason of this suit, and that Defendant be discharged with her costs and for suchother and further relief, both general and special, at law or in equity, to which Defendant may show herself justly entitled and for which she will ever pray. Respectfully submitted, WHITTING @ von STERNBERG — BRUCE M. FEICHTINGER State Bar No. 06874800 2600 S. Gessner, Suite 300 Houston, Texas 77063 Telephone: (713) 789-8850 Facsimile: (713) 789-0033 Email: bmf@wvstlaw.com By: ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE | hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all counsel of record by e-service, facsimile and/or certified mail, return receipt requested, on this the Se day of, ember, 2017. BRUCE M. FEICHTINGER 3-