CAUSE NO. 2022-DCL-02981
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`FILED - 8/17/2023 4:26 PM
`2022-DCL-02981 / 78656979
`LAURA PEREZ-REYES
`Cameron County District Clerk
`By Brenda M Ramirez Deputy Clerk
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`IN THE DISTRICT COURT OF
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`CAMERON COUNTY, TEXAS
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`357TH JUDICIAL DISTRICT
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`JESUS CASTRO
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`Plaintiff,
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`v.
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`CCC GROUP, INC., SPACE
`EXPLORATION TECHNOLOGIES CORP.,
`DOGLEG PARK, LLC, PLATINUM
`ELECTRICAL SERVICES, INC., and
`JC CONCRETE & SONS, LLC
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`Defendants.
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`DEFENDANT JC CONCRETE & SONS, LLC’S ORIGINAL ANSWER
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`NOW COMES, JC CONCRETE & SONS, LLC, (referred to hereinafter as Defendant)
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`herein, and file this its Original Answer, and for such answer respectively show unto the Court
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`the following:
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`I.
`GENERAL DENIAL
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`Subject to such stipulations and admissions as may hereinafter be made,
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`1.
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`Defendant asserts a general denial as is authorized by Rule 92 of the Texas Rules of Civil
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`Procedure, and respectfully requests that the Court require the Plaintiff to prove the charges and
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`allegations made against this Defendant by a preponderance of the evidence, if Plaintiff can, as is
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`required by the Constitution and laws of the State of Texas.
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`FILED - 8/17/2023 4:26 PM
`2022-DCL-02981 / 78656979
`LAURA PEREZ-REYES
`Cameron County District Clerk
`By Brenda M Ramirez Deputy Clerk
`
`§
`§
`§
`§
`§
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`IN THE DISTRICT COURT OF
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`CAMERON COUNTY, TEXAS
`
`357TH JUDICIAL DISTRICT
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`
`JESUS CASTRO
`
`Plaintiff,
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`
`
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`v.
`
`CCC GROUP, INC., SPACE
`EXPLORATION TECHNOLOGIES CORP.,
`DOGLEG PARK, LLC, PLATINUM
`ELECTRICAL SERVICES, INC., and
`JC CONCRETE & SONS, LLC
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`Defendants.
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`DEFENDANT JC CONCRETE & SONS, LLC’S ORIGINAL ANSWER
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`NOW COMES, JC CONCRETE & SONS, LLC, (referred to hereinafter as Defendant)
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`herein, and file this its Original Answer, and for such answer respectively show unto the Court
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`the following:
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`I.
`GENERAL DENIAL
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`Subject to such stipulations and admissions as may hereinafter be made,
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`1.
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`Defendant asserts a general denial as is authorized by Rule 92 of the Texas Rules of Civil
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`Procedure, and respectfully requests that the Court require the Plaintiff to prove the charges and
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`allegations made against this Defendant by a preponderance of the evidence, if Plaintiff can, as is
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`required by the Constitution and laws of the State of Texas.
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`II.
`DEFENSES
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`Pleading further in the alternative, Defendant would show that the alleged
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`2.
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`occurrence made the basis of this lawsuit was the result of circumstances and/or events that were
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`not of Defendant's own creation or within Defendant’s control.
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`3.
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`Pleading further in the alternative, Defendant specifically pleads and reserves the
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`following rights as guaranteed by Chapter 33, Texas Civil Practice & Remedies Code:
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`The right to elect the application of credit toward any judgment which
`may be obtained in this case;
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`The right to determination by the trier of fact on the issues of the
`percentage of responsibility of each claimant, each defendant, each
`contributing person, each liable defendant and each settling person;
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`a.
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`b.
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`c.
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`d.
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`Pleading further in the alternative, Defendant would state that the occurrence in
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`The right to a full reduction or limitation of any sums which may be
`recovered by the claimant; and
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`The right to contribution from any other person or entity found to be liable
`to the Plaintiff.
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`4.
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`question was the result of and solely caused by persons, factors, instrumentalities, circumstances
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`and conditions over which it had no control or right of control.
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`5.
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`Pleading further in the alternative, Defendant asserts that it did not breach any
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`legal duty they allegedly owed Plaintiff.
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`6.
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`Pleading in the alternative, Defendant would state that the occurrence in question
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`and the alleged damages were the result of a new, independent, and intervening cause which was
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`unforeseeable, was a superseding cause of the alleged injuries, and moreover unknown and/or
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`unknowable to Defendant.
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`2
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`7.
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`Pleading further in the alternative, Defendant alleges that in accordance with
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`Texas Civil Practice and Remedies Code §33.013, a defendant may not be held jointly and
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`severally liable for any amount of damages claimed herein unless the percentage of that
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`defendant's responsibility, when compared with that of each responsible party, settling party and
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`each responsible third party is greater than fifty percent (50%). Accordingly, Defendant
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`specifically denies any claims for the imposition of joint and several liability against it.
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`8.
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`Pleading further in the alternative Defendant alleges that its case is governed by
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`the 1995 Tort Reform Amendments and 2003's HB4. As a consequence, Plaintiff may not
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`recover any amount of damages if her percentage of responsibility is greater than fifty percent
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`(50%), regardless of the theory of recovery pled. Tex. Civ. Prac. & Rem. Code §33.001.
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`9.
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`Pleading further in the alternative, Defendant alleges that the acts, omissions,
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`and/or negligence of the Plaintiff or other third parties was the sole proximate cause or a new and
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`independent cause of the accident and alleged injuries complained of in this lawsuit.
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`10.
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`Defendant asserts that on the occasion in question, Plaintiff, JESUS CASTRO,
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`was himself guilty of acts, wrongs and omissions, each of which constituted negligence, misuse,
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`negligence per se and comparative responsibility, and each of which was the sole cause, and
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`alternatively, a proximate and producing cause of the occurrence in question and the alleged
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`damages. Defendant further alleges that the acts of Plaintiff, in failing to use ordinary care for
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`her safety, was fifty-one percent (51%) of the total cause of the alleged injuries to Plaintiff, if
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`any.
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`11.
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`Pleading further in the alternative, Defendant alleges that it did not create a
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`dangerous condition.
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`3
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`12.
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`Pleading further in the alternative, Defendant alleges that it neither knew nor
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`should have known of the alleged condition (if any) that allegedly posed an unreasonable risk of
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`harm.
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`13.
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`Pleading further in the alternative, Defendant alleges it exercised reasonable care
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`in controlling and/or making safe the premises in question.
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`IV.
`PRAYER
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`WHEREFORE, PREMISES CONSIDERED, Defendant, JC CONCRETE & SONS, LLC
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`respectfully prays for the following:
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`Upon a final hearing or trial hereof, that the Plaintiff recover nothing of and from this
`Defendant;
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`In the unlikely event that liability and/or damages are found against this Defendant, that
`this Defendant, in addition to the relief sought in its answer in this case, have the
`following: (1) responsibility be assigned to Plaintiff in any jury charge submitted in this
`case under Chapter 33 of the Texas Civil Practice and Remedies Code; and (2) recovery
`of costs of suit; and
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`Such other and further relief to which it may show itself justly entitled.
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`Respectfully submitted,
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`GRIFFITH LAW GROUP, LLP
`4228 North McColl
`McAllen, Texas 78504
`(956) 971-9446
`(956) 971-9451 – Facsimile
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`By:
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`/s/ DAVID L. FLORES
`DAVID L. FLORES
`Texas State Bar No. 24040909
`E-Mail: dflores@rgvfirm.com
`JOHN R. GRIFFITH
`Texas State Bar No. 08480750
`E-Mail: jrg@rgvfirm.com
`Attorneys for JC Concrete & Sons,
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`LLC
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`4
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing document was served on all
`parties, or their attorneys of record, in compliance with the Texas Rules of Civil Procedure on
`this 17th day of August, 2023.
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`/s/ David L. Flores
`David Flores
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`5
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`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers must still provide a
`certificate of service that complies with all applicable rules.
`John Griffith on behalf of David L. Flores
`Bar No. 24040909
`jrg@rgvfirm.com
`Envelope ID: 78656979
`Filing Code Description: Original Answer
`Filing Description: Defendant JC Concrete & Sons, LLC's Original Answer
`Status as of 8/17/2023 4:33 PM CST
`
`Associated Case Party: Jesus Castro
`
`Name
`Kyle Calvin
`Adam Milasincic
`Rob Ammons
`Alma Alvarez
`Monica Silva
`Maria MSandoval
`
`BarNumber Email
`kyle@ammonslaw.com
`adam@ammonslaw.com
`rob@ammonslaw.com
`alma@ammonslaw.com
`monica@ammonslaw.com
`maria@ammonslaw.com
`
`TimestampSubmitted
`8/17/2023 4:26:04 PM
`8/17/2023 4:26:04 PM
`8/17/2023 4:26:04 PM
`8/17/2023 4:26:04 PM
`8/17/2023 4:26:04 PM
`8/17/2023 4:26:04 PM
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`Status
`SENT
`SENT
`SENT
`SENT
`SENT
`SENT
`
`Associated Case Party: CCC Group, Inc.
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`Name
`Ian McLin
`Maureen Purcell
`Shawn Selvidge
`
`BarNumber Email
`imclin@langleybanack.com
`mpurcell@langleybanack.com
`sselvidge@langleybanack.com
`
`TimestampSubmitted
`8/17/2023 4:26:04 PM
`8/17/2023 4:26:04 PM
`8/17/2023 4:26:04 PM
`
`Status
`SENT
`SENT
`SENT
`
`Case Contacts
`
`Name
`Anita Malone
`
`BarNumber Email
`records@lexitaslegal.com
`
`TimestampSubmitted
`8/17/2023 4:26:04 PM
`
`Status
`SENT
`
`Associated Case Party: Space Exploration Technologies Corp.
`
`Name
`Jared Wilkerson
`Norma Orozco
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`BarNumber Email
`jared.wilkerson@morganlewis.com
`norma.orozco@morganlewis.com
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`TimestampSubmitted
`8/17/2023 4:26:04 PM
`8/17/2023 4:26:04 PM
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`Status
`SENT
`SENT
`
`
`
`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers must still provide a
`certificate of service that complies with all applicable rules.
`John Griffith on behalf of David L. Flores
`Bar No. 24040909
`jrg@rgvfirm.com
`Envelope ID: 78656979
`Filing Code Description: Original Answer
`Filing Description: Defendant JC Concrete & Sons, LLC's Original Answer
`Status as of 8/17/2023 4:33 PM CST
`
`Associated Case Party: Space Exploration Technologies Corp.
`
`Michelle Pector
`
`michelle.pector@morganlewis.com 8/17/2023 4:26:04 PM SENT
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`Associated Case Party: Platinum Electrical Services, Inc.
`
`Name
`Jose L.Gamez
`Victoria Gonzalez
`Rosa Mendez
`DKW&G-efilesvc DKW&G-efilesvc
`
`BarNumber Email
`jgamez@dakpc.com
`vgonzalez@dakpc.com
`rmendez@dakpc.com
`dakefilesvc@dakpc.com
`
`TimestampSubmitted
`8/17/2023 4:26:04 PM
`8/17/2023 4:26:04 PM
`8/17/2023 4:26:04 PM
`8/17/2023 4:26:04 PM
`
`Status
`SENT
`SENT
`SENT
`SENT
`
`Associated Case Party: JC Concrete & Sons LLC
`
`Name
`David Flores
`
`BarNumber Email
`dflores@rgvfirm.com
`
`TimestampSubmitted
`8/17/2023 4:26:04 PM
`
`Status
`SENT
`
`
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