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JUSTIN JORDAN, IN THE DISTRICT COURT
VS. OF HARRIS COUNTY, T E X A S
VOPAK TERMINAL DEER PARK INC.
AND VOPAK NORTH AMERICA INC.
(d/b/a VOPAK AMERICAS), 129TH JUDICIAL DISTRICT
DEFENDANTS VOPAK DEER PARK INC.’S AND
VOPAK NORTH AMERICA INC.’S ORIGINAL ANSWER
Defendants Vopak Terminal Deer Park Inc. and Vopak North America Inc. (collectively
“Vopak”) file their Original Answer to the Original Petition filed by Plaintiff Justin Jordan
(“Plaintiff”) as follows:
GENERAL DENIAL
ngular, the material allegations c
of the evidence as is required by the laws of the State of Texas.
II. AFFIRMATIVE DEFENSES
l Procedure, the following affirmative defenses
which, singly or in combination, ba whole or in part, the damages
alleged in its Original Petition:
Plaintiff’s claims are barred, in whole or in part, by the exclusive remedy
Plaintiff’s claims are barred, in whole or in part, by the borrowed-servant
doctrine.
Plaintiff’s claims are barred, in whole or in part, by the doctrine of proportionate
e Texas Civil Practice & Remedies Code.
Plaintiff’s claims are barred, in whole or in part, because Plaintiff failed to
mitigate his damages.
Plaintiff’s claims are barred, in whole or in part, by the contributing, concurring,
comparative, intervening, and/or superseding negligence or fault of persons or entities other than
Plaintiff’s claims are barred, in whole or in part, because Plaintiff’s alleged injury
or illness was a result of an unavoidable accident, and was not due to any negligence or breach of
Plaintiff’s claims are barred, in whole or in part, because any injury, the existence
own acts, omissions, fault,
Plaintiff’s claims for exemplary damages are barred, in whole or in part, by
§41.008 of the Texas Civil Practice & Remedies Code.
Pleading further, and by way of affirmative defense, Vopak asserts that under
§41.008 of the Texas Civil Practice & Remedies Code, any award of exemplary damages is
subject to the cap specified in that statute. Thus, any award of exemplary damages in excess of
that cap must be reduced accordingly.
III. REQUEST FOR DISCLOSURE
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Vopak requests that
Plaintiff disclose, within 30 days of service of this request, the information or material described
.2(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l).
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WHEREFORE, Vopak prays that Plaintiff take nothing by reason of this suit, and that his
claims be dismissed with prejudice. Vopak also prays that it recover its costs of court, attorneys’
in equity, to which it is justly entitled.
Respectfully submitted,
/s/ William A. Moss
Christopher L. Dodson
State Bar No. 24050519
William A. Moss
State Bar No. 24078041
Email:
Email: Will.Moss@bracewell.com
TTORNEY S FOR EFENDANTS
ERMINAL EER
MERICA
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing pleading has been forwarded
e Texas Rules of Civil Procedure on May 23, 2017.
Jim Cole
ILLIAMS P.C.
302 West Forest Street
Facsimile: (361) 575-0986
jcole@colefirmservice.com
William A. Moss
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JUSTIN JORDAN, IN THE DISTRICT COURT VS. OF HARRIS COUNTY, T E X A S VOPAK TERMINAL DEER PARK INC. AND VOPAK NORTH AMERICA INC. (d/b/a VOPAK AMERICAS), 129TH JUDICIAL DISTRICT DEFENDANTS VOPAK DEER PARK INC.’S AND VOPAK NORTH AMERICA INC.’S ORIGINAL ANSWER Defendants Vopak Terminal Deer Park Inc. and Vopak North America Inc. (collectively “Vopak”) file their Original Answer to the Original Petition filed by Plaintiff Justin Jordan (“Plaintiff”) as follows: GENERAL DENIAL ngular, the material allegations c of the evidence as is required by the laws of the State of Texas. II. AFFIRMATIVE DEFENSES l Procedure, the following affirmative defenses which, singly or in combination, ba whole or in part, the damages alleged in its Original Petition: Plaintiff’s claims are barred, in whole or in part, by the exclusive remedy Plaintiff’s claims are barred, in whole or in part, by the borrowed-servant doctrine. Plaintiff’s claims are barred, in whole or in part, by the doctrine of proportionate e Texas Civil Practice & Remedies Code. Plaintiff’s claims are barred, in whole or in part, because Plaintiff failed to mitigate his damages. Plaintiff’s claims are barred, in whole or in part, by the contributing, concurring, comparative, intervening, and/or superseding negligence or fault of persons or entities other than Plaintiff’s claims are barred, in whole or in part, because Plaintiff’s alleged injury or illness was a result of an unavoidable accident, and was not due to any negligence or breach of Plaintiff’s claims are barred, in whole or in part, because any injury, the existence own acts, omissions, fault, Plaintiff’s claims for exemplary damages are barred, in whole or in part, by §41.008 of the Texas Civil Practice & Remedies Code. Pleading further, and by way of affirmative defense, Vopak asserts that under §41.008 of the Texas Civil Practice & Remedies Code, any award of exemplary damages is subject to the cap specified in that statute. Thus, any award of exemplary damages in excess of that cap must be reduced accordingly. III. REQUEST FOR DISCLOSURE Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Vopak requests that Plaintiff disclose, within 30 days of service of this request, the information or material described .2(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l). -2- WHEREFORE, Vopak prays that Plaintiff take nothing by reason of this suit, and that his claims be dismissed with prejudice. Vopak also prays that it recover its costs of court, attorneys’ in equity, to which it is justly entitled. Respectfully submitted, /s/ William A. Moss Christopher L. Dodson State Bar No. 24050519 William A. Moss State Bar No. 24078041 Email: Email: Will.Moss@bracewell.com TTORNEY S FOR EFENDANTS ERMINAL EER MERICA CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing pleading has been forwarded e Texas Rules of Civil Procedure on May 23, 2017. Jim Cole ILLIAMS P.C. 302 West Forest Street Facsimile: (361) 575-0986 jcole@colefirmservice.com William A. Moss -3-