CAUSE NO. DC-15-09782 MATTHEW SEEBACHAN AND IN THE ...
FILED
DALLAS COUNTY
10/9/2015 2:44:29 PM
FELICIA PITRE
DISTRICT CLERK
David Hernandez
CAUSE NO. DC-15-09782
MATTHEW SEEBACHAN AND
MARCIA SEEBACHAN
¡ì
¡ì
¡ì
¡ì
¡ì
V.
IN THE DISTRICT COURT
192ND JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS
JOHN EAGLE COLLISION CTR, JOHN
EAGLE COLLISION CENTER A/K/A
JOHN EAGLE LINCOLN-MERCURYASTON MARTIN, L.P., HUFFINES
KIA A/K/A HUFFINES DENTON
AUTOS, INC.
DEFENDANT¡¯S SPECIAL EXCEPTIONS, ORIGINAL ANSWER AND REQUEST
FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW EAGLE IMPORTS, LP, misnamed as JOHN EAGLE COLLISION CENTER
AKA JOHN
EAGLE LINCOLN-MERCURY-ASTON MARTIN, L.P. AND JOHN EAGLE COLLISION
CTR., Defendant in the above-styled and numbered cause, and makes and files this its
Special Exceptions, Original Answer to Plaintiffs¡¯ Original Petition on file herein, and
for such answer would respectfully show unto the Court the following:
Special Exceptions
By way of special exception, Defendant pleads that it is misnamed, and requests
that Plaintiff be ordered to re-plead to correctly name the Defendant. Further, and as a
separate Special Exception, Defendant request the Court order Plaintiff to re-plead to
specify the maximum amount claimed, pursuant to TRCP 47(d).
Original Answer
1.
General Denial
Defendant generally denies the allegations contained in Plaintiffs¡¯ Original
Petition and demands strict proof thereof by a preponderance of evidence in the trial of
this cause.
2.
Paid or Incurred
Defendant asks that evidence concerning economic damages be limited to the
amount actually paid or incurred by or on behalf of Plaintiffs, in compliance with Texas
Civil Practice & Remedies Code ¡ì41.0105. Pleading further, Defendants plead the
protections contained in ¡ì18.091 of the Texas Civil Practice & Remedies Code.
3.
Jury Demand
Defendant demands a trial by jury in this cause.
4.
Comparative Negligence
Defendant says that Plaintiffs were guilty of various acts and/or omissions,
including but not limited to failure to keep a proper lookout for their own safety, which
acts and/or omissions were negligent and the sole proximate cause, or alternatively only,
a proximate cause of Plaintiffs¡¯ alleged injuries and damages, if any.
5.
Third Party Negligence
Defendant says that the injuries alleged in Plaintiffs¡¯ Petition were proximately
and solely caused by the negligent acts of third parties over whom Defendant could not,
and did not, exercise any control whatsoever.
6.
Unavoidable Accident
Defendant says that it was not guilty of any negligence that proximately caused or
contributed to the happening of Plaintiffs¡¯ injuries.
In the event Plaintiffs¡¯ own
negligence was not the major producing cause of Plaintiffs¡¯ injuries, then such injuries
and the resulting damages were caused solely by an unavoidable accident.
7.
2|Page
DEFENDANT¡¯S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE
Prior or Subsequent Injuries
Defendant says that some or all of Plaintiffs¡¯ alleged injuries and damages are the
result of pre-existing and/or subsequently occurring bodily injuries, ailments, conditions
or stressors unrelated to the incident that is the basis of this lawsuit.
8.
Failure to Mitigate
Defendant says that Plaintiffs did not use ordinary care in reducing or avoiding
their alleged injuries and damages, and thus failed to mitigate their damages.
9.
Request for Disclosure
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiffs are
requested to disclose, within 30 days of service of this request, the information or
material described in Rule 194.2.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiffs take
nothing by reason of this suit and that Defendant be granted judgment for costs and for
such other and further relief, both general and special, at law or in equity, to which it may
show itself justly entitled.
Respectfully submitted,
/s/ D. Keith Harrison
_________________________________________
D. Keith Harrison
State Bar No. 09114000
LAW OFFICES OF GALLERSON & YATES
2110 Walnut Hill Lane, Suite 200
Irving, TX 75038
Phone: 972-580-1249
Fax: 855-614-6695
Keith.Harrison@
IrvingLegalMail@
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DEFENDANT¡¯S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE
Attorney for Defendant
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been
served in accordance with Rules 21 and 21a of the TEXAS RULES OF CIVIL PROCEDURE on
this 9th day of October, 2015 upon the following attorney(s) of record:
E. Todd Tracy
THE TRACY FIRM
5473 Blair Road, Suite, 200
Dallas, TX 75231
Fax (972) 387-2205
Attorney for Plaintiffs
/s/ D. Keith Harrison
______________________________
D. Keith Harrison
4|Page
DEFENDANT¡¯S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE
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