CAUSE NO.

29996

H. WALKER ROYALL, § IN THE DISTRICT COURT OF

Plaintiff, §
§
vs. § BRAZORIA COUNTY, TEXAS
§
WRIGHT W. GORE, JR., §
DENNIS HENDERSON, §
WRIGHT W. GORE, III, and §
WESTERN SEAFOOD COMPANY § 239TH JUDICIAL DISTRICT
Defendants. §

SECOND AMENDED ANSWER OF WRIGHT W. GORE, III

DEFENDANT, WRIGHT W. GORE, III files his Second Amended Answer

to Plaintiff’s Second Amended Original Petition, as follows:

1. Pursuant to Rule 92 of the Texas Rules of Civil Procedure,

Defendant hereby generally deny each and every material allegation in

Plaintiff’s Second Amended Original Petition and demand strict proof

thereof.

AFFIRMATIVE DEFENSES

2. Answering further, if same be necessary, Defendant alleges that

Plaintiff’s injuries

and/or damages, if any, were caused in whole or in part by the negligent

acts or omissions of third parties for whom this Defendant exercised no

actual or apparent control.

3. Plaintiff’s causes of action are barred in whole or in part by the

statute applicable of limitations.

4. Defendant further asserts that the alleged statements were

true.

Second Amended Answer to Plaintiff’s 2nd Amended Petition................................................PAGE 1

 5. Pleading further, Defendant asserts Plaintiff consented to the

allege publication.

6. Defendant further asserts that the alleged statements are

protected by common law qualified privilege.

7. Defendant further answers that the occurrence in question and

the alleged damages were the result of a new, independent, and intervening

cause.

8. Answering further, Defendant asserts the alleged statements

are protected by the First Amendment.

WHEREFORE, Wright W. Gore, III prays for judgment of the Court that

Plaintiff take nothing by this suit, for their costs, and for such other and

further relief to which they may be justly entitled.

Respectfully submitted,

COKINOS, BOSIEN & YOUNG

By: __________________________________
Marc A. Young
State Bar No. 22201500
TRACY B. GLENN
State Bar No. 24000063
1500 Woodson Tower
2919 Allen Parkway
Houston, Texas 77019
Telephone: (713) 535-5500
Telecopier: (713) 535-5533

ATTORNEYS FOR WRIGHT W. GORE, III

Second Amended Answer to Plaintiff’s 2nd Amended Petition................................................PAGE 2

 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing

document has been served upon all counsel of record, by certified mail,
return receipt requested, facsimile on this 5th day of April, 2006.

Bruce Gaible
Hays, McConn, Rice & Pickering
400 Two Allen Center
1200 Smith Street
Houston, Texas 77002

Patrick Zummo
Zummo & Mitchell, LLP
Three Allen Center
333 Clay Street, Suite 4500
Houston, Texas 77002

Dennis Henderson, Pro Se

P. O. Box 2490
Fort Myers, Florida 33932

_________________________________________
_
TRACY B. GLENN

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