Professional Documents
Culture Documents
DALLAS COUNTY
8/3/2015 4:13:30 PM
FELICIA PITRE
DISTRICT CLERK
Defendant Kraish H. Kraish, , Hannah E. Kraish,, Khraish Development Group, LLC & HMK, Ltd.s
Original Answer and Request for Disclosure to Plaintiff
Page 1 of 8
allegations made and contained in Plaintiffs Original Petition and any petition
which Plaintiff may hereinafter file by way of amendment or supplement, and in
accordance with Texas law, demands that Plaintiff prove by a preponderance of the
evidence each and every such allegation made and contained therein.
II.
DEFENSES
2.
Plaintiff on the ground that Plaintiffs claims are barred due to the fact that
Defendants conduct did not cause, solely cause, or solely proximately cause the
injuries or damages claimed by Plaintiff.
Defendant Kraish H. Kraish, , Hannah E. Kraish,, Khraish Development Group, LLC & HMK, Ltd.s
Original Answer and Request for Disclosure to Plaintiff
Page 2 of 8
7.
Plaintiffs claims for damages may be barred in whole or in part, whether under the
doctrine of comparative responsibility or failure to mitigate damages.
8.
request that in accordance with Tex. Civ. Prac. & Rem. Code 33.003, that the jury
determine the percentage of responsibility for causing in any way the harm for
which recovery of damages is sought of the Defendants, each settling person, and
each responsible third party who has been designated under 33.004, Tex. Civ.
Prac. & Rem. Code.
10.
accordance with Section 33.013 of the Texas Civil Practices & Remedies Code, no
Defendant may be held jointly and severally liable for any amount of damages
claimed unless the percentage of responsibility of such Defendant, when compared
with that of each responsible party, each settling person, and each responsible third
party, is greater than fifty percent (50%).
11.
Defendants are not liable to Plaintiff because Plaintiff assumed the risk.
Defendant Kraish H. Kraish, , Hannah E. Kraish,, Khraish Development Group, LLC & HMK, Ltd.s
Original Answer and Request for Disclosure to Plaintiff
Page 3 of 8
12.
Defendants are not liable to Plaintiff because Plaintiffs the injuries, if any, were
proximately caused by a wild animal.
13.
Defendants are not liable to Plaintiff because Plaintiffs injuries, if any, where the
result of the acts or omissions of others for whom Defendants are not liable.
14.
Defendants are not liable to Plaintiff because Plaintiffs injuries, if any, were the
result of a new and independent cause.
15.
that Plaintiffs causes of action, if any, are barred by the doctrine of res judicata. In
Cause No. CC-14-02577-D in County Court at Law No. 4, summary judgment was
granted in favor of Defendant Khraish on all of Plaintiffs claims against Defendant
Khraish for liability as to Plaintiffs claims for negligence as well as with regard to
any liability for any condition of the premises which is the subject of this lawsuit.
16.
Khraish Khraish, and Khraish Development allege that Plaintiffs causes of action,
if any, are barred on the ground that, at all relevant times, Defendants Hannah
Khraish, Khraish Khraish, and Khraish Development were not the owner or
operator of the premises which is the subject of this lawsuit and Plaintiff was not an
invitee
of
Defendants
Hannah
Khraish,
Khraish
Khraish,
and
Khraish
Development.
Defendant Kraish H. Kraish, , Hannah E. Kraish,, Khraish Development Group, LLC & HMK, Ltd.s
Original Answer and Request for Disclosure to Plaintiff
Page 4 of 8
17.
request that in the event at the time of submission Plaintiff seeks recovery for loss
of earnings, loss of earning capacity, loss of contributions of a pecuniary value, etc.,
that in accordance with the statutory requirements imposed by Tex. Civ. Prac. &
Rem. Code 18.091, that the Court instruct the jury as to whether any recovery for
compensatory damages sought by the claimant is subject to federal or state income
taxes.
18.
affirmative defense that Plaintiffs claims are barred by the equitable doctrines of
waiver and/or estoppel.
19.
affirmative defense that Plaintiffs claims are barred by the doctrine of unclean
hands.
20.
limitations set forth in 304.101 of the Texas Finance Code, and Article 5069-1.05,
Defendant Kraish H. Kraish, , Hannah E. Kraish,, Khraish Development Group, LLC & HMK, Ltd.s
Original Answer and Request for Disclosure to Plaintiff
Page 5 of 8
6 of the Tex. Rev. Civ. Stat. Ann. with respect to any pre-judgment interest sought
by Plaintiff.
III.
VERIFIED PLEAS
23.
have occurred.
24.
Defendants
Hannah
Khraish,
Khraish
Khraish
and
Khraish
Defendants Hannah Khraish and Khraish Khraish deny that they are
Defendants
Hannah
Khraish,
Khraish
Khraish
and
Khraish
Development deny they executed the lease upon which Plaintiff bases his claims
against them.
27.
Defendants
Hannah
Khraish,
Khraish
Khraish
and
Khraish
Development plead the lease that is the subject of this lawsuit is without
consideration.
IV.
INTENT TO USE PLAINTIFFS DOCUMENTS
28.
hereby notifies Plaintiffs that any and all documents produced to Defendants by
Defendant Kraish H. Kraish, , Hannah E. Kraish,, Khraish Development Group, LLC & HMK, Ltd.s
Original Answer and Request for Disclosure to Plaintiff
Page 6 of 8
requests that Plaintiffs, disclose within 30 days of the service of this request, the
information and material described in Rule 194.2. Demand is hereby made for the
supplementation of responses to this Request for Disclosure as required by Texas
Rule of Civil Procedure 193.5.
VI.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendants prays that upon
final hearing and/or trial hereof, Plaintiff take nothing by this suit, that Defendants
recover his costs and/or attorneys fees, and that Defendant have such other and
further relief, both at law and in equity, to which it may be justly entitled and/or
which the Court deems proper.
Respectfully submitted,
/s/ Bernard E. Zwillenberg
State Bar No. 22299020
Bezlaw1@msn.com
P.O. Box 670342
Dallas, Texas 75367
214-365-9936 Telephone
(214) 363-9979 Facsimile
Defendant Kraish H. Kraish, , Hannah E. Kraish,, Khraish Development Group, LLC & HMK, Ltd.s
Original Answer and Request for Disclosure to Plaintiff
Page 7 of 8
CERTIFICATE OF SERVICE
On this the 3rd day of August, 2015, a copy of Defendants Kraish H. Kraish,
Hannah E. Kraish, Khraish Development Group, LLC and HMK, Ltd.s Original
Answer and Request for Disclosure to Plaintiff was served in accordance with the
Texas Rules of Civil Procedure on the following counsel of record:
Michael Hindman
VIA: ____ CMRRR #
Rolle, Breeland, Ryan, Landau,
____ First Class Mail
Wingler & Hindman
_X__ Facsimile to (214) 637-6872
2030 Main Street, Suite 200
____ Hand-Delivery
Dallas, Texas 75201
Defendant Kraish H. Kraish, , Hannah E. Kraish,, Khraish Development Group, LLC & HMK, Ltd.s
Original Answer and Request for Disclosure to Plaintiff
Page 8 of 8