Preview
FILED
DALLAS COUNTY
11/25/2019 2:18PM
FELICIA PITRE
DISTRICT CLERK
Loaidi Grove
CAUSE NO. DC-19-10716
ROSHONDA C. CLEWIS AND § IN THE DISTRICT COURT
SHYONDA T. BOYD §
§
VS. 44TH JUDICIAL DISTRICT
§
§
AURELIO M. AGUILAR § DALLAS COUNTY, TEXAS
DEFENDANT’S ORIGINAL ANSWER AND JURY DEMAND
TO THE HONORABLE JUDGE OF THE COURT:
COMES NOW, AURELIO M. AGUILAR, Defendant in the above entitled and numbered
cause, and files this, Defendant’s Original Answer and Jury Demand, and in support thereof, would
respectfillly show unto the Court as follows:
I.
Defendant generally denies each and every allegation asserted against Defendant as
authorized by Rule 92, Texas Rules 0f Civil Procedure.
II.
Defendant further asserts the defense of comparative causation and requests the jury to
compare the extent t0 Which any person, whether joined in this suit 0r not, may have caused 0r
contributed to cause the injuries of which Plaintiffs complain. Further, pursuant t0 Texas Civil
Practice & Remedies Code §33, et seq., Defendant asks that the Court and Jury determine the
proportionate responsibility of all persons (Whether parties herein, settling parties, or responsible
third parties) causing or contributing to cause in any way the occurrence and/or injury for which
recovery of damages is sought including Plaintiffs, ROSHONDA C. CLEWIS AND SHYONDA T.
BOYD.
III.
Further, or alternatively, when this case is submitted to the jury, Defendant asks the Court t0
submit as instructions the following inferential rebuttal defenses raised by the evidence:
a. The accident was unavoidable.
b. The accident resulted from a sudden emergency.
IV.
Defendant would further show that Plaintiffs’ alleged damages are caused by pre-existing,
intervening or superseding conditions for which Defendant is not liable.
V.
Further, or alternatively, Plaintiffs failed to mitigate their damages.
VI.
Defendant claims and is entitled to all lawful settlements, credits and offsets including but
not limited to those set forth in Texas Civil Practice and Remedies Code §41.0105.
VII.
Defendant pleads the defense set forth in Texas Civil Practice & Remedies Code Section
18.091 requiring Plaintiffs to prove loss of earnings and/or loss of earning capacity in the form
which represents the net loss after reduction for income tax payments or unpaid tax liability on said
loss earnings claim pursuant to any and all federal income tax law(s) or regulation(s). Additionally,
Defendant requests this Court to instruct the jury as to whether any recovery from compensatory
damages, if any, sought by the Plaintiffs, is subject to federal and/or state income taxes.
VIII.
Defendant hereby gives notice of intent to utilize items produced in discovery against the
party producing same. The authenticity of such items is self-proven per Tex. R. Civ. P. 193.7.
IX. IDENTIFYING INFORMATION
Pursuant to Section 30.014 of the Texas Civil Practice and Remedies Code, Defendant,
AURELIO M. AGUILAR provides the following partial identification information:
DOB: 12/20/1961
X.
Defendant hereby requests and demand that Plaintiffs preserve(s) and maintain all evidence
pertaining to any claim or defense related to the incident made the basis of this lawsuit or the
damages resulting therefrom including but not limited to any and all statements, photographs,
videotapes, audio tapes, surveillance or security tapes or information, business or medical records,
incident reports, periodic reports, financial statements, bills, telephone call slips or records,
estimates, invoices, checks, measurements, correspondence, facsimiles, any electronic image or
information, email, voicemail, text messages, applications for disability and supporting
documentation in the possession of Plaintiffs and/or their agents, or any other evidence or
information involving the incident that is the basis of this suit. Failure to maintain such items will
constitute spoliation of evidence.
XI. REQUEST FOR JURY TRIAL
Defendant requests that a Jury be impaneled on final hearing of this cause of action. The jury
fee will be paid.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiffs take nothing by
their suit against Defendant, that Defendant go hence with his costs, and that this cause of action be
dismissed with prejudice, and that Defendant has such other and further relief, whether general or
special, at law or in equity to which Defendant may show himself justly entitled.
Respectfully submitted,
/¢/ W
ARNOLD & TAYLOR, PLLC
MICHAEL E. HEARN
5, WW
TBN: 09342420
Arnold & Taylor, PLLC
3301 West Airport Freeway, Suite 240
Bedford, Texas 76021
Telephone: (8 1 7) 3 58-2766
Facsimile: (8 1 7) 358-2782
e-mail: mheam@zalaw.net
ATTORNEY FOR DEFENDANT,
AURELIO M. AGUILAR
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy 0fthe foregoing document was
forwarded t0 allcounsel ofrecord, pursuant t0 the Texas Rules 0f Civil Procedure 0n the 25TH day 0f
November, 20 1 9.
VIA E-SERVE: eService@benabbott.com
Griffin Sheumack
Ben Abbott & Associates, PLLC
1934 Pendleton Drive
Garland, Texas 75041
/¢/ W
MICHAEL E. HEARN
5, gem
Preview
FILED DALLAS COUNTY 11/25/2019 2:18PM FELICIA PITRE DISTRICT CLERK Loaidi Grove CAUSE NO. DC-19-10716 ROSHONDA C. CLEWIS AND § IN THE DISTRICT COURT SHYONDA T. BOYD § § VS. 44TH JUDICIAL DISTRICT § § AURELIO M. AGUILAR § DALLAS COUNTY, TEXAS DEFENDANT’S ORIGINAL ANSWER AND JURY DEMAND TO THE HONORABLE JUDGE OF THE COURT: COMES NOW, AURELIO M. AGUILAR, Defendant in the above entitled and numbered cause, and files this, Defendant’s Original Answer and Jury Demand, and in support thereof, would respectfillly show unto the Court as follows: I. Defendant generally denies each and every allegation asserted against Defendant as authorized by Rule 92, Texas Rules 0f Civil Procedure. II. Defendant further asserts the defense of comparative causation and requests the jury to compare the extent t0 Which any person, whether joined in this suit 0r not, may have caused 0r contributed to cause the injuries of which Plaintiffs complain. Further, pursuant t0 Texas Civil Practice & Remedies Code §33, et seq., Defendant asks that the Court and Jury determine the proportionate responsibility of all persons (Whether parties herein, settling parties, or responsible third parties) causing or contributing to cause in any way the occurrence and/or injury for which recovery of damages is sought including Plaintiffs, ROSHONDA C. CLEWIS AND SHYONDA T. BOYD. III. Further, or alternatively, when this case is submitted to the jury, Defendant asks the Court t0 submit as instructions the following inferential rebuttal defenses raised by the evidence: a. The accident was unavoidable. b. The accident resulted from a sudden emergency. IV. Defendant would further show that Plaintiffs’ alleged damages are caused by pre-existing, intervening or superseding conditions for which Defendant is not liable. V. Further, or alternatively, Plaintiffs failed to mitigate their damages. VI. Defendant claims and is entitled to all lawful settlements, credits and offsets including but not limited to those set forth in Texas Civil Practice and Remedies Code §41.0105. VII. Defendant pleads the defense set forth in Texas Civil Practice & Remedies Code Section 18.091 requiring Plaintiffs to prove loss of earnings and/or loss of earning capacity in the form which represents the net loss after reduction for income tax payments or unpaid tax liability on said loss earnings claim pursuant to any and all federal income tax law(s) or regulation(s). Additionally, Defendant requests this Court to instruct the jury as to whether any recovery from compensatory damages, if any, sought by the Plaintiffs, is subject to federal and/or state income taxes. VIII. Defendant hereby gives notice of intent to utilize items produced in discovery against the party producing same. The authenticity of such items is self-proven per Tex. R. Civ. P. 193.7. IX. IDENTIFYING INFORMATION Pursuant to Section 30.014 of the Texas Civil Practice and Remedies Code, Defendant, AURELIO M. AGUILAR provides the following partial identification information: DOB: 12/20/1961 X. Defendant hereby requests and demand that Plaintiffs preserve(s) and maintain all evidence pertaining to any claim or defense related to the incident made the basis of this lawsuit or the damages resulting therefrom including but not limited to any and all statements, photographs, videotapes, audio tapes, surveillance or security tapes or information, business or medical records, incident reports, periodic reports, financial statements, bills, telephone call slips or records, estimates, invoices, checks, measurements, correspondence, facsimiles, any electronic image or information, email, voicemail, text messages, applications for disability and supporting documentation in the possession of Plaintiffs and/or their agents, or any other evidence or information involving the incident that is the basis of this suit. Failure to maintain such items will constitute spoliation of evidence. XI. REQUEST FOR JURY TRIAL Defendant requests that a Jury be impaneled on final hearing of this cause of action. The jury fee will be paid. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiffs take nothing by their suit against Defendant, that Defendant go hence with his costs, and that this cause of action be dismissed with prejudice, and that Defendant has such other and further relief, whether general or special, at law or in equity to which Defendant may show himself justly entitled. Respectfully submitted, /¢/ W ARNOLD & TAYLOR, PLLC MICHAEL E. HEARN 5, WW TBN: 09342420 Arnold & Taylor, PLLC 3301 West Airport Freeway, Suite 240 Bedford, Texas 76021 Telephone: (8 1 7) 3 58-2766 Facsimile: (8 1 7) 358-2782 e-mail: mheam@zalaw.net ATTORNEY FOR DEFENDANT, AURELIO M. AGUILAR CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy 0fthe foregoing document was forwarded t0 allcounsel ofrecord, pursuant t0 the Texas Rules 0f Civil Procedure 0n the 25TH day 0f November, 20 1 9. VIA E-SERVE: eService@benabbott.com Griffin Sheumack Ben Abbott & Associates, PLLC 1934 Pendleton Drive Garland, Texas 75041 /¢/ W MICHAEL E. HEARN 5, gem