On October 18, 2019 a
Answer
was filed
involving a dispute between
Brown, Rodney,
and
Bautista, Irma,
Bautista, Reynaldo,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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FILED
DALLAS COUNTY
11/12/2019 11:53AM
FELICIA PITRE
DISTRICT CLERK
Dorothy Strogen
CAUSE NO. DC-19-16913
RODNEY BROWN § IN THE DISTRICT COURT
Plaintiff, §
§
v. § 116m JUDICIAL DISTRICT
§
§
REYNALDO BAUTISTA AND §
IRMA BAUTISTA §
Defendants. § DALLAS COUNTY, TEXAS
DEFENDANTS’ ORIGINAL ANSWER
AND REQUEST FOR DISCLOSURES
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Reynaldo Bautista and Irma Bautista, (hereinafter “Defendants”) Defendants in
the above-numbered and entitled cause, and in reply t0 Plaintiff” s Original Petition, file this their Original
Answer, and for such would respectfully show the Court the following:
GENERAL DENIAL
Subj ect to such stipulations and admissions as may be made hereafter Defendants hereby enter a
general denial as permitted by Rule 92 0f the Texas Rules 0f Civil Procedure, and request that Plaintiff be
required t0 prove by a preponderance 0f the evidence the charges and allegations Which he has made
against Defendants, t0 d0 so before a jury as is required by the laws and constitution 0f the State of
Texas.
DEFENDANT’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE Page l 0f4
NOTICE UNDER TRCP 193.7
Defendants intend t0 use items produced in discovery against the party producing same.
The authenticity of such items is self—proved per TeX. R. CiV. P. 193.7.
AFFIRMATIVE DEFENSES
If Defendants are found liable for damages, Defendants intend to seek a reduction of
damages under the proportionate responsibility statute.
Defendants are not liable for Plaintiff s injures 0r losses resulting from any condition not
caused by the occurrence made the basis of this lawsuit.
Defendants are not liable t0 Plaintiff because Plaintiff did not mitigate his damages.
Defendants are not liable for any medical or healthcare expenses in excess of those that
Plaintiff actually paid 0r incurred. See Tex. Civ. Prac. & Rem. Code § 41 .0105; Haygood v.De
Escabedo, 356 S.W.3d 390 (TeX. 201 1).
RULE 18.091
Defendants invokes §18.091 of the Texas Civil Practice and Remedies Code
and requests that to the extent that Plaintiff seeks recovery for loss of earnings, loss of earning
capacity, loss 0f contribution 0f a pecuniary value or a loss 0f inheritance, that evidence t0 prove
such loss must be presented in the form 0f a net loss after reduction for income tax payments or
unpaid tax liability. Defendants further request that the Court instruct the jury as to whether any
recovery for compensation damages sought by Plaintiff is subject to federal income taxes.
DEFENDANT’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE Page 2 0f 4
OFFSETS AND REDUCTIONS
Defendants are entitled t0 a reduction of any dollar verdict that may be rendered in this
cause by credit for payments made to Plaintiff 0r other persons 0r entities 0r by percentage
reductions t0 which Defendants would be entitled as a result ofjury findings against Plaintiff or
parties other than Defendants. In this regard, Defendants reserve the right t0 submit issues
against parties and non-parties, including but not limited to Plaintiff, who may be present in this
case or absent from the case at the time the matter ispassed to the jury for fact determinations
JURY DEMAND
Defendants demands a jury trial and tender the appropriate fee with this Answer.
REQUEST FOR DISCLOSURE
Under Texas Rule 0f Civil Procedure 194, Defendants” requests that Plaintiff disclose,
Within 3O days 0f the service 0f this request, the information or material described in Rule 194.2.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendants pray that upon final hearing 0f this
cause, judgment be rendered that Plaintiff takes nothing of and from Defendants, and that Defendants
be permitted t0 g0 hence Without delay, for costs 0f court incurred herein, and for such other and further
relief, both general and special, legal 0r equitable to which Defendants may show themselves justly
entitled.
DEFENDANT’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE Page 3 0f 4
Respectfully submitted,
CHAVEZ LEGAL GROUP
FERNANDO MARTINEZ, JR.
State Bar No. 24070934
11900 N. 26th St, Suite 200
Edinburg TX 78539
(972) 419-3800 Telephone
(972) 239-5046 Facsimile
fmartinezit(aDchavezlegalgroup.com
ATTORNEY FOR THE DEFENDANTS’
CERTIFICATE OF SERVICE
I certify that 0n November 12, 2019, I served a copy of the foregoing document on the
party listed below by electronic service and that the electronic transmission was reported as
complete. My email address is finartinezir@chavezlegalgroupcom.
VLA EFILING: Wduke@duckeseth.com
Walker M. Duke
Duke Seth, P.L.L.C.
325 N. St. Paul Street, Suite 2220
Dallas, Texas 75201
Attorney for the Plaintiff
FERNANDO MARTINEZ, JR.
DEFENDANT’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE Page 4 of 4
Document Filed Date
November 12, 2019
Case Filing Date
October 18, 2019
Category
MOTOR VEHICLE ACCIDENT
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FILED DALLAS COUNTY 11/12/2019 11:53AM FELICIA PITRE DISTRICT CLERK Dorothy Strogen CAUSE NO. DC-19-16913 RODNEY BROWN § IN THE DISTRICT COURT Plaintiff, § § v. § 116m JUDICIAL DISTRICT § § REYNALDO BAUTISTA AND § IRMA BAUTISTA § Defendants. § DALLAS COUNTY, TEXAS DEFENDANTS’ ORIGINAL ANSWER AND REQUEST FOR DISCLOSURES TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Reynaldo Bautista and Irma Bautista, (hereinafter “Defendants”) Defendants in the above-numbered and entitled cause, and in reply t0 Plaintiff” s Original Petition, file this their Original Answer, and for such would respectfully show the Court the following: GENERAL DENIAL Subj ect to such stipulations and admissions as may be made hereafter Defendants hereby enter a general denial as permitted by Rule 92 0f the Texas Rules 0f Civil Procedure, and request that Plaintiff be required t0 prove by a preponderance 0f the evidence the charges and allegations Which he has made against Defendants, t0 d0 so before a jury as is required by the laws and constitution 0f the State of Texas. DEFENDANT’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE Page l 0f4 NOTICE UNDER TRCP 193.7 Defendants intend t0 use items produced in discovery against the party producing same. The authenticity of such items is self—proved per TeX. R. CiV. P. 193.7. AFFIRMATIVE DEFENSES If Defendants are found liable for damages, Defendants intend to seek a reduction of damages under the proportionate responsibility statute. Defendants are not liable for Plaintiff s injures 0r losses resulting from any condition not caused by the occurrence made the basis of this lawsuit. Defendants are not liable t0 Plaintiff because Plaintiff did not mitigate his damages. Defendants are not liable for any medical or healthcare expenses in excess of those that Plaintiff actually paid 0r incurred. See Tex. Civ. Prac. & Rem. Code § 41 .0105; Haygood v.De Escabedo, 356 S.W.3d 390 (TeX. 201 1). RULE 18.091 Defendants invokes §18.091 of the Texas Civil Practice and Remedies Code and requests that to the extent that Plaintiff seeks recovery for loss of earnings, loss of earning capacity, loss 0f contribution 0f a pecuniary value or a loss 0f inheritance, that evidence t0 prove such loss must be presented in the form 0f a net loss after reduction for income tax payments or unpaid tax liability. Defendants further request that the Court instruct the jury as to whether any recovery for compensation damages sought by Plaintiff is subject to federal income taxes. DEFENDANT’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE Page 2 0f 4 OFFSETS AND REDUCTIONS Defendants are entitled t0 a reduction of any dollar verdict that may be rendered in this cause by credit for payments made to Plaintiff 0r other persons 0r entities 0r by percentage reductions t0 which Defendants would be entitled as a result ofjury findings against Plaintiff or parties other than Defendants. In this regard, Defendants reserve the right t0 submit issues against parties and non-parties, including but not limited to Plaintiff, who may be present in this case or absent from the case at the time the matter ispassed to the jury for fact determinations JURY DEMAND Defendants demands a jury trial and tender the appropriate fee with this Answer. REQUEST FOR DISCLOSURE Under Texas Rule 0f Civil Procedure 194, Defendants” requests that Plaintiff disclose, Within 3O days 0f the service 0f this request, the information or material described in Rule 194.2. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants pray that upon final hearing 0f this cause, judgment be rendered that Plaintiff takes nothing of and from Defendants, and that Defendants be permitted t0 g0 hence Without delay, for costs 0f court incurred herein, and for such other and further relief, both general and special, legal 0r equitable to which Defendants may show themselves justly entitled. DEFENDANT’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE Page 3 0f 4 Respectfully submitted, CHAVEZ LEGAL GROUP FERNANDO MARTINEZ, JR. State Bar No. 24070934 11900 N. 26th St, Suite 200 Edinburg TX 78539 (972) 419-3800 Telephone (972) 239-5046 Facsimile fmartinezit(aDchavezlegalgroup.com ATTORNEY FOR THE DEFENDANTS’ CERTIFICATE OF SERVICE I certify that 0n November 12, 2019, I served a copy of the foregoing document on the party listed below by electronic service and that the electronic transmission was reported as complete. My email address is finartinezir@chavezlegalgroupcom. VLA EFILING: Wduke@duckeseth.com Walker M. Duke Duke Seth, P.L.L.C. 325 N. St. Paul Street, Suite 2220 Dallas, Texas 75201 Attorney for the Plaintiff FERNANDO MARTINEZ, JR. DEFENDANT’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE Page 4 of 4