Preview
NO. 2017-17619
JUSTIN JORDAN IN THE DISTRICT COURT
Plaintiff,
vs.
HARRIS COUNTY, TEXAS
VOPAK TERMINAL DEER PARK INC.
and VOPAK NORTH AMERICA INC.
(d/b/a VOPAK AMERICAS), et al.
Defendants 129TH JUDICIAL DISTRICT
DEFENDANT ARKEMA INC.’SFIRST AMENDEDANSWER
TO THE HONORABLE COURT:
Defendant Arkema Inc. (“Arkema”) files this First Amended Answer to Plaintiff Justin
Jordan’s Petition as follows:
ENERAL ENIAL
Pursuant Rule 92 of the Texas Rules of Civil Procedure, Arkema generally denies
the material allegations against it contained in Plaintiff’s Second Amended Original Complaint.
FFIRMATIVE EFENSES
Plaintiff’s claims are barred, in whole or in part, because Plaintiff’s alleged
damages were caused by Plaintiff’s own acts, omissions, negligence, gross negligence, or willful
misconduct, or the acts, omissions, negligence gross negligence, willful misconduct, or fault of
third parties over whom Arkema exercised no control. Arkema hereby asserts the defenses of
contributory or comparative negligence, comparative causation, and/or proportionate
responsibility and would ask that the Court and/or jury reduce any judgment against Arkema by
the degree of negligence, gross negligence, willful misconduct, causation, or fault attributed to any
person or party other than Arkema, including Plaintiff, defendants, any settling parties, and any
responsible third parties, pursuant to the Texas Civil Practice & Remedies Code.
D50B7A8BE0E88101: 0001
Any potential recovery of medical or healthcare expenses by Plaintiff is limited to
the amount actually paid or incurred by or on behalf of Plaintiff, pursuant to RAC
ODE
Arkema is entitled to a credit or offset equal to the amount of any and all sums that
Plaintiff has received or may receive by way of settlement of his claims with any person or party.
Plaintiff’s claims are barred, in whole or in part, by the doctrine of collateral
estoppel.
Arkema reserves the right to supplement or amend this answer in accordance with
law and the Texas Rules of Civil Procedure.
URY EMAND
Having paid the required fee, Arkema demands a trial by jury of this matter
Pursuant to Rule 216 of the Texas Rules of Civil Procedure
IV. RAYER
WHEREFORE, Defendant Arkema Inc. prays that, upon final trial and hearing in this case,
Plaintiff take nothing by reason of this suit, that Arkema recovers its costs of court and expenses,
and for all other relief to which defendant may be justlyentitled.
D50B7A8BE0E88101: 0001
Respectfully submitted,
SHIPLEY SNELL MONTGOMERY LLP
By: /s/ George T. Shipley
George T. Shipley
TexasBar No. 18267100
Scott M. Kelly
Texas Bar No.
712 Main Street, Suite 1400
Houston, Texas
T: (713) 652
F: (713) 652
gshipley@shipleysnell.com
skelly@shipleysnell.com
TTORNEYS FOR DEFENDANT
ARKEMA INC.
D50B7A8BE0E88101: 0001
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has this day of December
been served according to the Texas Rules of Civil Procedure upon all counsel of record
service, as follows:
Mr. Jim Cole Roger H. Nebel
OLE OLE ASLEY CIBA P.C. Maron Marvel Bradley Anderson & Tardy
302 West Forrest St.
Victoria, Texas 77901 2950 North Loop West, Suite 500
Counsel for Plaintiff Justin Jordan Houston, Texas 77092
ERVICE Counsel for Defendant Vapor
Technologies, Inc.
ERVICE
James D. Smith
Rodney J. Cappel
HE MITH AW IRM
550 Westcott Street, Suite 250
Houston, Texas 77007
Counsel for Defendant Evoqua Water
Technologies LLC
ERVICE
Mr. Christopher L. Dodson
Mr. William A. Moss
RACEWELL
711 Louisiana St., Ste. 2300
Houston, Texas 77002
Counsel for Defendants Vopak Terminal
Deer Park Inc. and
Vopak North America Inc. (d/b/aVopak
Americas)
ERVICE
/s/ George T. Shipley
George T. Shipley
D50B7A8BE0E88101: 0001
Preview
NO. 2017-17619 JUSTIN JORDAN IN THE DISTRICT COURT Plaintiff, vs. HARRIS COUNTY, TEXAS VOPAK TERMINAL DEER PARK INC. and VOPAK NORTH AMERICA INC. (d/b/a VOPAK AMERICAS), et al. Defendants 129TH JUDICIAL DISTRICT DEFENDANT ARKEMA INC.’SFIRST AMENDEDANSWER TO THE HONORABLE COURT: Defendant Arkema Inc. (“Arkema”) files this First Amended Answer to Plaintiff Justin Jordan’s Petition as follows: ENERAL ENIAL Pursuant Rule 92 of the Texas Rules of Civil Procedure, Arkema generally denies the material allegations against it contained in Plaintiff’s Second Amended Original Complaint. FFIRMATIVE EFENSES Plaintiff’s claims are barred, in whole or in part, because Plaintiff’s alleged damages were caused by Plaintiff’s own acts, omissions, negligence, gross negligence, or willful misconduct, or the acts, omissions, negligence gross negligence, willful misconduct, or fault of third parties over whom Arkema exercised no control. Arkema hereby asserts the defenses of contributory or comparative negligence, comparative causation, and/or proportionate responsibility and would ask that the Court and/or jury reduce any judgment against Arkema by the degree of negligence, gross negligence, willful misconduct, causation, or fault attributed to any person or party other than Arkema, including Plaintiff, defendants, any settling parties, and any responsible third parties, pursuant to the Texas Civil Practice & Remedies Code. D50B7A8BE0E88101: 0001 Any potential recovery of medical or healthcare expenses by Plaintiff is limited to the amount actually paid or incurred by or on behalf of Plaintiff, pursuant to RAC ODE Arkema is entitled to a credit or offset equal to the amount of any and all sums that Plaintiff has received or may receive by way of settlement of his claims with any person or party. Plaintiff’s claims are barred, in whole or in part, by the doctrine of collateral estoppel. Arkema reserves the right to supplement or amend this answer in accordance with law and the Texas Rules of Civil Procedure. URY EMAND Having paid the required fee, Arkema demands a trial by jury of this matter Pursuant to Rule 216 of the Texas Rules of Civil Procedure IV. RAYER WHEREFORE, Defendant Arkema Inc. prays that, upon final trial and hearing in this case, Plaintiff take nothing by reason of this suit, that Arkema recovers its costs of court and expenses, and for all other relief to which defendant may be justlyentitled. D50B7A8BE0E88101: 0001 Respectfully submitted, SHIPLEY SNELL MONTGOMERY LLP By: /s/ George T. Shipley George T. Shipley TexasBar No. 18267100 Scott M. Kelly Texas Bar No. 712 Main Street, Suite 1400 Houston, Texas T: (713) 652 F: (713) 652 gshipley@shipleysnell.com skelly@shipleysnell.com TTORNEYS FOR DEFENDANT ARKEMA INC. D50B7A8BE0E88101: 0001 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has this day of December been served according to the Texas Rules of Civil Procedure upon all counsel of record service, as follows: Mr. Jim Cole Roger H. Nebel OLE OLE ASLEY CIBA P.C. Maron Marvel Bradley Anderson & Tardy 302 West Forrest St. Victoria, Texas 77901 2950 North Loop West, Suite 500 Counsel for Plaintiff Justin Jordan Houston, Texas 77092 ERVICE Counsel for Defendant Vapor Technologies, Inc. ERVICE James D. Smith Rodney J. Cappel HE MITH AW IRM 550 Westcott Street, Suite 250 Houston, Texas 77007 Counsel for Defendant Evoqua Water Technologies LLC ERVICE Mr. Christopher L. Dodson Mr. William A. Moss RACEWELL 711 Louisiana St., Ste. 2300 Houston, Texas 77002 Counsel for Defendants Vopak Terminal Deer Park Inc. and Vopak North America Inc. (d/b/aVopak Americas) ERVICE /s/ George T. Shipley George T. Shipley D50B7A8BE0E88101: 0001