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
NO. 2017-71605
CHARLES EL § IN THE DISTRICT COURT OF
§
VS. § HARRIS COUNTY, TEXAS
§
DEDRA LASHAWN JOHNSON § 1518" JUDICIAL DISTRICT
DEFENDANT’S FIRST AMENDED 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 First Amended Answer to Plaintiff's Petition, and
would respectfully show unto the Court the following:
1. 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 Plaintiff be 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.
2. Pleading further, Defendant would show that the incident made the basis of this
suit was caused by the negligence on the part of Plaintiff and that said negligence was the
proximate cause, or a proximate cause, of the incident made the basis of this suit.
3. Defendant would show that any injuries claimed by the Plaintiff are and have
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.4. 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.
5. Defendant would further show that she is entitled to the limitation of damages
for recoverable loss of earnings or loss of earning capacity, ifany, 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.
6. This Defendant requests a trial by jury.
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) - (1).
WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take
nothing by reason of this suit, and that Defendant be discharged with her costs and for such
other 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.
2-Respectfully submitted,
WHITTINGTO @ 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
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has
been forwarded to all fisthe TTC. uF record by e-service, facsimile and/or certified mail, return
receipt requested, on this the Ay cay of August,2018.
BRUCEM.FEICHTINGER
-3-
Document Filed Date
August 17, 2018
Case Filing Date
October 23, 2017
Category
Motor Vehicle Accident
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NO. 2017-71605 CHARLES EL § IN THE DISTRICT COURT OF § VS. § HARRIS COUNTY, TEXAS § DEDRA LASHAWN JOHNSON § 1518" JUDICIAL DISTRICT DEFENDANT’S FIRST AMENDED 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 First Amended Answer to Plaintiff's Petition, and would respectfully show unto the Court the following: 1. 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 Plaintiff be 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. 2. Pleading further, Defendant would show that the incident made the basis of this suit was caused by the negligence on the part of Plaintiff and that said negligence was the proximate cause, or a proximate cause, of the incident made the basis of this suit. 3. Defendant would show that any injuries claimed by the Plaintiff are and have 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.4. 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. 5. Defendant would further show that she is entitled to the limitation of damages for recoverable loss of earnings or loss of earning capacity, ifany, 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. 6. This Defendant requests a trial by jury. 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) - (1). WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take nothing by reason of this suit, and that Defendant be discharged with her costs and for such other 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. 2-Respectfully submitted, WHITTINGTO @ 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 ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all fisthe TTC. uF record by e-service, facsimile and/or certified mail, return receipt requested, on this the Ay cay of August,2018. BRUCEM.FEICHTINGER -3-