ALEXIS L. MATHIS, HAYDEN DAVIS vs. HOLT TEXAS, LTD, HOLT TEXAS, LTD. D/B/A HOLT CAT, ARI FLEET LT, A STATUTORY TRUST.et al, CC-21-03580-B, MOTION COMPEL 1-MOTION_COMPEL (Tex. St., Dallas Co., Co. Ct. (2024)

FILED
`6/24/2022 1:51 PM
`JOHN F. WARREN
`COUNTY CLERK
`DALLAS COUNTY
`
`CAUSE NO. CC-21-03580-B
`
`ALEXIS L. MATHISand
`HAYDEN DAVIS,
`Plaintiffs,
`
`V.
`
`HOLT TEXAS, LTD.; HOLT TEXAS,
`LTD. d/b/a HOLT CAT; ARI FLEET LT,
`a
`STATUTORY
`TRUST;
`WILMINGTON TRUST COMPANY AS
`TRUSTEE OF ARI FLEET,LT; and,
`BRANDON L. McDONALD,
`Defendants.
`
`CRWORWORWORURGRWORU2UO?UROP
`
`IN THE COUNTY COURT
`
`AT LAW NO. TWO
`
`DALLAS COUNTY, TEXAS
`
`HOLT TEXAS, LTD.’S MOTION TO COMPEL
`
`COMES NOW HOLT TEXAS, LTD., Defendant herein, and files this, its Motion to
`
`Compelagainst Plaintiffs, ALEXIS L. MATHIS and HAYDEN DAVIS, and, in support thereof,
`
`would respectfully show as follows:
`
`I. Background
`
`1.
`
`Plaintiffs filed suit against Defendants on August 31, 2021 seeking to recover damagesfor
`
`personal injuries they assert they sustained in an auto accident.
`
`2.
`
`3.
`
`This Level 3 discovery case is not presently setfortrial.
`
`On March 25, 2022, Defendant served its First Interrogatories on each Plaintiff and a
`
`Request for Production of Documents to both Plaintiffs. On May 16, 2022, by agreement,
`
`Plaintiffs served their objections and responsesto the discovery. A true and correct copy of Alexis
`
`Mathis’ Responses to Defendant’s First Set of Interrogatories is attached hereto as Exhibit 1. A
`
`true and correct copy of Hayden Davis’ Responses to Defendant’s First Set of Interrogatories is
`
`attached hereto as Exhibit 2. A true and correct copy ofPlaintiffs’ Responses to Defendant’s First
`
`Request for Production is attached hereto as Exhibit 3.
`
`

`

`4.
`
`As shown on Exs. | and 2, Plaintiffs’ interrogatory responses are not verified. Mr. Davis’
`
`did not provide any substantive answers to Interrogatory Nos. 3-5, 8, and 15. See, Ex. 2. Further,
`
`Plaintiffs raised numerousfrivolous or baseless objections to Interrogatory Nos. 9 (Mr. Davis)
`
`and 10 (Ms. Davis). Plaintiffs raised additional groundless objections to Request for Production
`
`Nos. 2, 14, and 17-19. Ex 3.
`
`If]. Argument and Authorities
`
`5.
`
`The purpose of discovery is to seek the truth, so disputes may be decided by whatthe facts
`
`reveal, not by what facts are concealed. Axelson, Inc. v. McIlhany, 798 S.W.2d 550, 555 (Tex.
`
`1990). “Only in certain narrow circumstancesis it appropriate to obstruct the search for truth by
`
`denying discovery.” State v. Lowry, 802 S.W.2d 669, 671 (Tex. 1991).
`
`Interrogatories
`
`6.
`
`Despite two extensionsof time in which to do so, Mr. Davis did not provide any substantive
`
`Answersto Interrogatory Nos. 3-5, 8 and 15, nor did he verify any of his Answers. A party is
`
`required to produce all information requested unless the party asserts a privilege or a timely
`
`objection. Tex. R. Civ. P. 193.2-193.3. Defendant requests the Court to enter an order directing
`
`Hayden Davis to provide full and complete answersto these Interrogatories, without objection, no
`
`later than ten days after entry of an Order granting this Motion.
`
`7.
`
`Answers to Interrogatories must be verified by the responding party. Tex. R. Civ. P. 197.
`
`Defendant requests the Court enter an order directing Plaintiffs to verify their Answers to
`
`Interrogatories, under oath, no later than ten days after entry of an Order granting this Motion.
`
`8.
`
`Both Plaintiffs are in their early twenties; Ms. Mathis currently attends college and plays
`
`volleyball. Neither Plaintiff responded to Interrogatory 10 (Ashley Mathis, Ex. /) or Interrogatory
`
`9 (Hayden Davis, £x. 2), which asks for the disclosure of any student aid or scholarships they may
`
`

`

`be receiving. Both Plaintiffs instead objected, stating the Interrogatory is overbroad and harassing,
`
`not limited in time or scope and is a fishing expedition.
`
`It is not a fishing expedition and the
`
`question is relevant with respect to the damages both Plaintiffs are claiming: past and future
`
`physical impairment; past and future physical disfigurement; past loss of earnings and loss of
`
`earning capacity. Both Plaintiffs are also seeking exemplary damages. If Ms. Mathis’ injuries have
`
`rendered her unable to play volleyball or fulfill any terms of any scholarship she received, or to
`
`continue her college career, or if Mr. Davis for similar reasons believes he is at risk of losing
`
`financial aid (if he is a student), then this economic loss would certainly be included in their
`
`damage model and Defendants have a right to discover the information. As such, the question is
`
`neither overbroad nor unduly burdensomeand is entirely relevant to this case.
`
`9.
`
`Defendant requests the Court overrule Plaintiffs’ objections to these Interrogatories and
`
`enter an order directing them to provide full and complete answers to these Interrogatories no later
`
`than ten days after entry of an Order granting this Motion.
`
`Requests for Production
`
`10.
`
`Both Plaintiffs are claiming loss of past earnings and loss of future earning capacity, as
`
`such, their incomeis relevant and subject to discovery. However, Plaintiffs objected and failed to
`
`produce any documents in response to Request for Production No. 2, which seeks documents
`
`reflecting wages, salaries or lost income, such as paycheck stubs, W-2 forms, or other tax forms
`
`for the five-year period preceding this incident. Documents reflecting incomeare discoverable
`
`and certainly relevant to supporting Plaintiffs’ damage model. Defendants request the Court to
`
`enter an Order compelling the Plaintiffs to amend their response to Request No. 2, withdraw their
`
`objections and produce any responsive documents no later than 10 days after any hearing on this
`
`Motion.
`
`

`

`11.
`
`Request for Production Nos. 14 seeks the production of Ms. Mathis’ driver’s license, to
`
`which she responded,“Plaintiff will supplement.” Request No. 18 seeks the execution and return
`
`of authorizations sent to Plaintiffs authorizing Defendants to obtain copies of their medical,
`
`employment and phone records and Defendants’ expense. Again, Plaintiffs respond that they will
`
`supplement. These two Requests require only a modicum ofeffort to provide a response, yet
`
`neither Plaintiff could troubled to make the effort. A party is required to comply with written
`
`discovery to the extentthat it does not object. Tex. R. Civ. P. 192.6, 193.2(b). Defendants request
`
`the Court to enter an Order compelling the Plaintiffs to amend their response to Request Nos. 14
`
`and 18, and produce any responsive documents and the signed authorizationsno later than 10 days
`
`after any hearing on this Motion.
`
`12.
`
`Similarly, Plaintiffs objected to Request for Production No. 19 (which seeks information
`
`concerning Ms. Mathis’ cell phone on the date of this accident) as being overly broad, harassing
`
`and unlimited in scope. Defendants ask the Court to to enter an Order compelling the Plaintiffs to
`
`amendtheir Responses, withdraw this baseless objection and either produce responsive documents
`
`or provide the cell number and carrier for Ms. Mathis’ phone so Defendants can subpoenathe
`
`information.
`
`REQUEST FOR SANCTIONS
`
`13.
`
`Tex. R. Civ. P. 215 provides for sanctions to be levied against a party resisting or refusing
`
`discovery. Defendant has incurred attorneys’ fees in the amountof $950.00 in drafting and arguing
`
`this motion. Plaintiffs should be ordered to pay these fees within 10 days after entry of any order
`
`granting this motion.
`
`WHEREFORE, PREMISES CONSIDERED, Defendant HOLT TEXAS, LTD.
`
`respectfully request the Court to set this Motion for hearing and at final hearing thereon, enter an
`
`

`

`order directing Plaintiff to amend their Answers Interrogatories 9 (Hayden Davis) and 10 (Ashley
`
`Mathis) and provide full and complete Answers; order Plaintiff Hayden Davis to amend his
`
`Responses and provide substantive Answers to Interrogatory Nos. 3-5, 8 and 15; order both
`
`Plaintiffs to verify their Interrogatory responses under oath, as provided by the Rules; and
`
`withdraw their objections and provide documents responsive to Request for Production Nos. 2, 14
`
`and 18; that Plaintiffs be compelled to cure their deficient discovery responses no later than 10
`
`days after entry of any Order granting this Motion;
`
`that Plaintiffs be ordered to pay Defendant
`
`$950.00 in reasonable & necessary attorney fees incurred in bringing this Motion; and for such
`
`other and further relief to which Defendant showsitself to be justly entitled.
`
`CALDWELL EAST & FINLAYSON PLLC
`One Riverwalk Place, Suite 1825
`700 N. St. Mary’s Street
`San Antonio, Texas 78205
`Telephone: (210) 225-1655
`Facsimile: (210) 225-8999
`
`
` By: a
`
`ZAyCHIARY "FANUCCHI
`
`Sthteertlo, 24028548
`Email: zfanucchi@ceflegalsa.com
`M. EDUARDO RAMIREZ
`
`State Bar No. 24081113
`Email: eramirez@ceflegalsa.com
`
`ATTORNEYSFOR DEFENDANTS
`
`

`

`CERTIFICATE OF CONFERENCE
`
`Counsel for Defendants has personally attempted to contact counsel for Plaintiffs to
`resolve the matters presented as follows:
`
`May17, 2022 — Letter attempting to confer on discovery, attached as Exhibit 4
`June 3, 2022 — Letter attempting to confer on discovery and requesting phone conference,
`attached as Exhibit 5
`June 10, 2022 — Letter requesting discovery conference and attaching draft Motion to
`Compel, attached as Exhibit 6
`
`Defense counsel has caused to be delivered to counsel for Plaintiffs, and counsel for
`Plaintiffs has recetved a copy of the proposed motion. At least one attempt to contact the counsel
`for Plaintiffs followed the receipt by counsel of the proposed Motion. Counsel for respondent has
`failed to respond or attempt to resolve the matters presented.
`
`Certified to this 24th day of June, 2022 by
`
`
`ae
`ZACHARYA
`feeCcHI
`
`CERTIFICATE OF CONFERENCE
`
`
`
`On June 22, 2022, I called counsel for Plaintiff to attempt to discuss our office's attempt
`to confer and resolve this matter. Counsel represented to me he had not seen this office’s May
`17, 2022 attempt to confer, so our office sent him a copy. Asof this date, counsel for Plaintiff
`has failed to respond or attempt to resolve the matters presented.
`
`Certified to this 24" day of June, 2022 by
`
`
`
`M. EDUARDO
`
`IR
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document will be sent to the
`attorneys of record listed below on the 24th day of June, 2022, in accordance with Tex. R. Civ. P.
`21 and 21a.
`
`Brent Goudarzi
`Marty Young
`
`Email: goudarziuyoung@goudarzi-young.com
`Goudarzi & Young, L.L.P.
`3522 Fourth Street
`Longview, Texas 75605
`Facsimile: (903) 843-2026
`
`ATTORNEYS FOR PLAINTIFFS
`
`
`
`

`

`EXHIBIT1
`
`

`

`Electronically Served
`5/16/2022 2:31 PM
`
`CAUSE NO. CC-21-03580-B
`
`IN THE COUNTY COURT
`
`AT LAW NO. 2
`
`DALLAS COUNTY, TEXAS
`
`§ § § § § § § § § § §
`
`ALEXIS L. MATHIS
`AND HAYDEN DAVIS
`
`Vv.
`
`HOLT TEXAS, LTD.;
`HOLT TEXAS, LTD. d/b/a HOLT CAT;
`ARI FLEET LT, A STATUTORY TRUST;
`WILMINGTON TRUST COMPANY,
`AS TRUSTEE OF ARI FLEET LT; AND
`BRANDON L. MCDONALD
`
`PLAINTIFF ALEXIS L. MATHIS’ ANSWERS TO DEFENDANT
`HOLT TEXAS, LTD.’S FIRST SET OF INTERROGATORIES
`
`TO:
`
`Defendant, Holt Texas, LTD., by and throughits attorneys of record, G. Wade Caldwell,
`Zachary J. Fanucchi and M. Eduardo Ramirez, Caldwell East & Finlayson PLLC, One
`Riverwalk Place, Suite 1825, 700 North St. Mary’s Street, San Antonio, Texas 78205.
`
`PlaintiffAlexis L. Mathis, in accordance with the Texas Rules ofCivil Procedure, makes her
`
`answers and objections to interrogatories served by Defendant Holt Texas, LTD.
`
`Answersto Interrogatories
`
`
`Page ]
`
`

`

`Respectfully submitted,
`
`GOUDARZI & YOUNG, L.L.P.
`P, O, Drawer 910
`Gilmer, Texas 75644
`Telephone:
`(903) 843-2544
`Facsimile:
`(903) 843-2026
`E-Serve: goudarziyoung(@goudarzi-young.com
`
`
`
`Brent Gouddrzi
`State Bar No. 00798218
`Marty Young
`State Bar No. 24010502
`
`ATTORNEYS FOR PLAINTIFFS
`
`Answersto Interrogatories
`
`Page 2
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy ofthe foregoing Plaintiff Alexis L. Mathis’
`Answers to Defendant Holt Texas, LTD.’s First Set of Interrogatories was servedto the following
`counsel ofrecord by e-serve this 16" day of May, 2022:
`
`G, Wade Caldwell
`Zachary J. Fanucchi
`M. Eduardo Ramirez
`Caldwell East & Finlayson PLLC
`One Riverwalk Place, Suite 1825
`700 North St. Mary’s Street
`San Antonio, Texas 78205
`
`
`
`
`Brent Goudarzi
`
`Answers to Interrogatories
`
`-
`
`Page 3
`
`

`

`FIRST SET OF INTERROGATORIES
`
`INTERROGATORYNO. 1: Pleasestate your full name, present address, phone number, and age.
`
`ANSWER:
`
`Alexis Loraine Mathis
`3717 Portland Street
`Irving, Texas 75038
`(903) 576-1291
`Age: 19
`
`INTERROGATORYNO. 2: Please state in your own words and in lay terms each and every
`conversation you had with or conversations, statements, or opinions overheard with any of the
`Defendants or any of the Defendants’ employees, representatives, or agents, even if you did not
`participate in any such conversations, setting forth the date, time, location, the persons who were
`aroundat that time, and the person in possession,custody, or control of such statements or opinions,
`if any.
`
`ANSWER:
`
`Plaintiff briefly spoke to Defendant Brandon L. McDonald immediately after the accident.
`
`INTERROGATORYNO.3: If you are claiming lost wages orloss of earning capacity,state the
`
`amountofnet and gross lost wages and the amountofloss of earning capacity damagesthat you are
`claiming.
`
`ANSWER:
`
`As a result of the accident, Plaintiff incurred $24,840.00 in lost earnings, which is calculated by
`multiplying the numberof weeks missed (24) by the weekly rate ($1,035.00).
`
`INTERROGATORYNO.4: Pleaselist the name, address, and phone number of cach and every
`
`employer that you have had in the lastfive (5) years.
`
`ANSWER:
`
`In thelast three years, Plaintiffhas been employed with Chick-Fil-A Restaurant in Longview, Texas
`and Irving, Texas.
`
`
`Answersto Interrogatories
`Page 4
`
`

`

`INTERROGATORYNO.5: Pleaselist the name(s) and address(es) of all healthcare providers,
`including medical doctors, osteopathic doctors, chiropractic doctors, psychiatrists, psychologists,
`physician assistants, nurse practitioners, hospitals, clinics, rehabilitation centers, or other medical
`institutions oftreatmentthat you have seenor been admitted to, whetherin-patientor out-patient, for
`medical examination ortreatmentin the five (5) year period prior to January 26, 2021 and through
`the present.
`
`ANSWER:
`
`Lewis King, M.D.
`602 N. Titus St., Suite 140
`Gilmer, Texas 75644
`
`Legacy ER & Urgent Care
`330 S. Denton Tap Road
`Coppell, Texas 75019
`
`Starcare
`1701 W. Walnut Hill Lane #200
`Irving, Texas 75038
`
`Asaresult of the injuries sustained in the accident madethebasis of this lawsuit, Plaintiffreceived
`treatment from the following:
`
`Comprehensive Spine Center of Dallas
`18601 LBJ Freeway, Suite 310
`Dallas, Texas 75150
`
`DFW Prescriptions
`2701 Osler Drive, Suite 1
`Grand Prairie, Texas 75051
`
`Grennan Chiropractic Injury Rehab
`3215 E. Kirnwood Drive, Suite 113
`Dallas, Texas 75237
`
`Precision Emergency Physicians
`P.O. Box 46061
`Houston, Texas 77210-6061
`
`Hospitality Health ER
`3111 McCann Road
`Longview, Texas 75605
`
`
`Answersto Interrogatories
`Page 5
`
`

`

`MRI Centers of Texas, LLC-ARL
`Post Office Box 224852
`Dallas, Texas 75222-4852
`
`CVS Pharmacy,Inc.
`Attn: Privacy Office
`One CVS Drive
`Woonsocket, RI 02895
`
`Radiology Consultants-North Texas, PLLC
`5424 Rufe Snow, #502
`North Richland Hills, Texas 76180
`
`Have youever been involved in any other legal action, civil or
`INTERROGATORYNO. 6:
`criminal, either as a Plaintiff or as a Defendant? If so, pleasestate:
`
`(a) the date and place each suchaction wasfiled giving the nameof the Court, the name of
`the other party orparties involved, the numberof such actions and the namesofthe attorneys
`representing each party;
`
`(b) a description ofthe nature of each such action; and,
`
`(c) the results of each such action, whetheror not there was an appcal and the result of the
`appeal, and whetheror not such case wasreported, and the name, volume numberand page
`citation of such reporter.
`
`ANSWER:
`
`Plaintiffobjects to this interrogatory onthe basis thatit is overly broad, unduly burdensome and not
`limited in scopeto a reasonable subject matter andtimeinthatit requests information regarding any
`other legal action, civil or criminal, Plaintiff has been a party to at any time during Plaintiff's life.
`
`Subject to and without waiving the foregoing objection, in approximately 2021, Plaintiff was
`charged with possession of marijuana in Tarrant County, Texas.
`
`Plaintiff does not recall any otherlegal action,civil or criminal, in the last ten years otherthan the
`legal action made the basisof this lawsuit.
`
`
`
`Answers to Interrogatories
`Page 6
`
`
`
`

`

`Are youstill attending North Lake College — Dallas? If so,
`INTERROGATORYNO.8:
`please state your major course of study, GPA average, and anticipated date of graduation.
`
`ANSWER:
`
`Plaintiff attends North Lake College — Dallas and her major is Early Childhood Education.
`
`Pleaselist every item/element ofnon-economic damages which
`INTERROGATORYNO.9:
`you are claiming in this lawsuit and provide a brief synopsis of the factual basis of each non-
`economic damagebeing claimed.
`
`ANSWER:
`
`Plaintiff objects to this interrogatory on the basis that it is vague, ambiguous, overbroad and
`harassing,that it requires Plaintiff to marshalall of her evidence, which invades the work product
`doctrine, and constitutes nothing more than a “fishing expedition.” See /nre Alford Chevrolet-Geo,
`997 S.W.2d 173, 181 (Tex. 1999)(holding that no discovery device can be used as a “fishing
`expedition.”).
`
`Subject to and without waiving the foregoing objection: As a direct and proximate result of the
`occutrence madethe basis ofthis lawsuit, Plaintiffs have incurred the following damages:
`
`A,
`
`B.
`
`C.
`
`Dz.
`
`E,
`
`F.
`
`Reasonable medical care and expensesin the past in the amountof $41,246.17 for
`Plaintiff Alexis L. Mathis and $15,838.89 for Plaintiff Hayden Davis. These
`expenses were incurred byPlaintiffs for the necessary care and treatment of the
`injuries resulting from the accident complained of herein and such charges are
`reasonable and were usual and customary charges for such services. As Plaintiffs
`continucto receive medical treatmentfor the injurics sustained in the accident made
`the basis ofthis lawsuit, the medical care expensesincurredin the past will increase.
`
`Reasonable and necessary medical care and expenses which will, in reasonable
`probability, be incurred in the future. Plaintiffs will rely on the testimony of the
`expert witnesses to compute the total compensation for damagesfor reasonable and
`necessary medical care which will, in all reasonable probability, be incurred in the
`future.
`
`Physical pain and suffering in the past.
`
`Physical pain and suffering which,in reasonable probability, will be suffered in the
`future.
`
`Mental anguish in the past.
`
`Mental anguish which, in reasonable probability, will be suffered in the future.
`
`
`Answersto Interrogatories
`Page 7
`
`

`

`G.
`
`H.
`
`IL.
`
`J.
`
`K.
`
`L,
`
`Physical impairmentin the past.
`
`Physical impairment which,in reasonable probability, will be suffered in the future.
`
`Disfigurementin thepast.
`
`Disfigurement which, in reasonable probability, will be suffered in the future.
`
`Loss of earnings in thepast.
`
`poss of earning capacity which, in reasonable probability, will be incurred in the
`
`ture.
`
`M.
`
`Exemplary damages.
`
`Plaintiffs are seeking damages as compensation for the physical pain and suffering, mental
`anguish, physical impairment anddisfigurement suffered in the past and which,in all reasonable
`probability, will be suffered in the future, as a result of the occurrence madethebasis ofthis lawsuit.
`The amount ofthese elements of damageis peculiarly within the province ofthe jury. Additionally,
`the amountwill depend uponthe date this caseis ultimately tried.
`
`Please state whether you are attending college on any
`INTERROGATORY NO,10:
`scholarship, and foreach, please state whether suchis a full or partial scholarship. If there are any
`partial scholarships, pleaselist the expenses the scholarship covers and the expenses for which you
`arc responsible.
`
`ANSWER:
`
`Plaintiff objects to this interrogatory on the basis thatit is overbroad and harassing, not limited in
`scope to a reasonable subject matter and time, constitutes nothing more thanafishing expedition,
`and invades Plaintiff's constitutional and commonlawrights of privacy. Plaintiff further objects to
`this interrogatory onthe basisthatit is outside the scope of discovery, seeks information whichis not
`relevant and is not reasonably calculated to lead to the discovery of admissible information.
`
`INTERROGATORY NO. 11: Please list cvery article, periodical, pamphlet, book or other
`
`authority on a subject of history, medicine,or other scienceorart that you willutilize at the time of
`trial and/or which you will use to establish as an authoritative and reliable source oroffer to use in
`the trial of this case.
`
`ANSWER:
`
`
`
`Plaintiff objects to this interrogatory on the basis that it is vague, ambiguous, overbroad and
`harassing, that it requires Plaintiff to marshalall of her evidence, which invades the work product
`doctrine, and constitutes nothing more than a “fishing expedition.” See in re Alford Chevrolet-Geo,
`
`Answersto Interrogatories
`Page 8
`
`

`

`997 S.W.2d 173, 181 (Tex. 1999)(holding that no discovery device can be used as a “fishing
`expedition.”).
`
`Plaintiff further objects to this interrogatory onthe basis that a party may not request copies of the
`otherparty’s trial exhibits. Texas Tech Univ. Health Sciences Ctr. v. Schild, 828 S.W.2d 502, 504
`(Tex. App - El Paso 1992, orig. proceeding).
`
`INTERROGATORYNO.13: Pleasestate your reasonfortravel on IH-20 at 2:00 a.m. on January
`26, 2021. In your answer,please identify the starting point and address from which you began your
`trip and the ending point and address of your destination.
`
`ANSWER:
`
`Plaintiffhad been in Irving, Texas, traveled to Lindale, Texasto take her father to his home, and was
`en route back to Irving, Texas whenthe accident occurred.
`
`INTERROGATORYNO.14: Pleaselist every criminal conviction, if any, of a party or a party’s
`witnesses, identifying the party or witness, the offense invoIved, the cause numberofthe conviction,
`the county andstate of the conviction, and the date of the conviction.
`
`ANSWER:
`
`Noneat this time.
`
`INTERROGATORYNO.15: Plceascidentify by name,address, and telephone numberany person
`
`who is expected to be called by youto testify attrial.
`
`ANSWER:
`
`Please refer to Plaintiffs’ Rule 194 Initial Disclosures and the personsidentified therein as having
`knowledge of relevantfacts.
`
`INTERROGATORY NO.16: Please identify any andall liens and/or subrogation interest and the
`amount of the same that were incurredin relation to the injurics being claimedin this suit. Please
`include the lien and/or subrogationlicn interest holders name, address, phone number,identification
`number, and the amountof the same.
`
`ANSWER:
`
`Blue Cross/Blue Shield may have a subrogation interest.
`
`
`Answersto Interrogatories
`Page 9
`
`

`

`INTERROGATORY NO.17: Please identify all people presentat the scene of the incident and
`describe all conversations you have had with these people.
`
`ANSWER:
`
`Plaintiffs, Defendant Brandon L. McDonald and Trooper Austin Jones with the Texas Departmentof
`Public Safety/Texas Highway Patrol were presentat the sceneofthe accident. Plaintiffbriefly spoke
`to Defendant Brandon L. McDonald and Trooper Jones regarding the accident.
`
`INTERROGATORYNO.18: Please identify and mechanicaldefects, including non-operating or
`non-functioning lights, present in the vehicle you were operating on the date of the accidentin
`question, but prior to the accident in question occurring.
`
`ANSWER:
`
`Plaintiff was not aware of any mechanical defects present in the vehicle she was operating priorto
`the accident in question.
`
`INTERROGATORYNO.19; Please identify and describe any needed repairs forthe vehicle you
`were operating on the date ofthe accidentin question,butpriorto the accident in question occurring.
`
`ANSWER:
`
`Plaintiffwas not aware of any neededrepairs for the vehicle she was operatingprior to the accident
`in question.
`
`INTERROGATORY NO.20: Please describe yourrelationship to Hayden Davis.
`
`ANSWER:
`
`Plaintiff and Hayden Davis are friends.
`
`
`Answers to Interrogatories
`Page 10
`
`

`

`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 personslisted below. The rules governing
`certificates of service have not changed. Filers muststill provide a
`certificate of service that complies with all applicable rules.
`
`Envelope ID: 64541054
`Status as of 5/16/2022 2:32 PM CST
`
`Associated Case Party: ARI FLEET LT, ASTATUTORY TRUST
`
`Zachary JFanucchi
`
`po zfanucchi@ceflegalsa.com|5/16/2022 2:31:24 PM|SENT
`Julie AnnKeller po jkeller@ceflegalsa.com 5/16/2022 2:31:24 PM|SENT
`
`
`G. Wade Caldwell
`
`Eddie Ramirez
`.
`eramirez@ceflegalsa.com|5/16/2022 2:31:24 PM|SENT
`
`gcaldwell@ceflegalsa.com|5/16/2022 2:31:24 PM|SENT
`
`

`

`EXHIBIT 2
`
`

`

`Electronically Served
`5/16/2022 2:31 PM
`
`CAUSE NO. CC-21-03580-B
`
`IN THE COUNTY COURT
`
`AT LAW NO. 2
`
`DALLAS COUNTY, TEXAS
`
`§ § § § § § § § § § §
`
`ALEXIS L. MATHIS
`AND HAYDEN DAVIS
`
`V.
`
`HOLT TEXAS, LTD.;
`HOLT TEXAS, LTD. d/b/a HOLT CAT;
`ARI FLEET LT, A STATUTORY TRUST;
`WILMINGTON TRUST COMPANY,
`AS TRUSTEE OF ARI FLEET LT; AND
`BRANDON L. MCDONALD
`
`PLAINTIFF HAYDEN DAVIS’ ANSWERS TO DEFENDANT
`HOLT TEXAS, LTD.’S FIRST SET OF INTERROGATORIES
`
`TO:
`
`Defendant, Holt Texas, LTD., by and throughits attorneys of record, G. Wade Caldwell,
`Zachary J. Fanucchi and M. Eduardo Ramirez, Caldwell East & Finlayson PLLC, One
`Riverwalk Place, Suite 1825, 700 North St. Mary’s Street, San Antonio, Texas 78205.
`
`Plaintiff Hayden Davis, in accordance with the Texas Rules of Civil Procedure, makeshis
`
`answers and objections to interrogatories served by Defendant Holt Texas, LTD.
`
`
`
`Answersto Interrogatories
`
`Page |
`
`

`

`Respectfully submitted,
`
`GOUDARZI & YOUNG, L.L.P.
`P. O. Drawer 910
`Gilmer, Texas 75644
`Telephone:
`(903) 843-2544
`Facsimile:
`(903) 843-2026
`E-Serve: goudarziyoung(@goudarzi-young.com
`
`By: Pa =
`Brent Goud arZi
`State Bar No, 00798218
`Marty Young
`State Bar No. 24010502
`
`ATTORNEYS FOR PLAINTIFFS
`
`Answersto Interrogatories
`
`Page 2
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing Plaintiff Hayden Davis’
`Answers to Defendant Holt Texas, LTD.’s First Set of Interrogatories was served to the following
`counsel of record by e-serve this 16"day of May, 2022:
`
`G. Wade Caldwell
`Zachary J. Fanucchi
`M. Eduardo Ramirez
`Caldwell East & Finlayson PLLC
`One Riverwalk Place, Suite 1825
`700 North St. Mary’s Street
`San Antonio, Texas 78205
`
`
`
`Answers to Interrogatories
`
`Page 3
`
`

`

`FIRST SET OF INTERROGATORIES
`
`INTERROGATORYNO. 1: Please state your full name, present address, phone number, and
`age.
`
`ANSWER:
`
`Hayden Davis
`4019 Block Drive #1173
`Irving, Texas 75038
`(469) 943-6658
`Age: 23
`
`INTERROGATORYNO.2: Please state in your own words and in lay terms each and every
`conversation you had with or conversations, statements, or opinions overheard with any of the
`Defendants or any of the Defendants’ employees, representatives, or agents, even if you did not
`participate in any such conversations, setting forth the date, time, location, the persons who were
`aroundatthat time, andthe person in possession, custody, or control ofsuch statements or opinions,
`if any.
`
`ANSWER:
`
`Plaintiff briefly spoke to Defendant Brandon L. McDonald immediately after the accident.
`
`INTERROGATORYNO.3: If you are claiming lost wagesor loss of earning capacity, state the
`amountofnet and gross lost wages and the amountofloss ofearning capacity damagesthat you are
`claiming.
`
`ANSWER:
`
`Plaintiff will supplement.
`
`INTERROGATORY NO. 4: Pleaselist the name, address, and phone numberof cach and every
`employer that you have hadin thelast five (5) years up through the date of your responsesto these
`Interrogatories.
`
`ANSWER:
`
`Plaintiff will supplement.
`
`
`Answersto Interrogatories
`Page 4
`
`

`

`INTERROGATORYNO.5: Pleaselist the name(s) and address(es) of all healthcare providers,
`including medical doctors, osteopathic doctors, chiropractic doctors, psychiatrists, psychologists,
`physician assistants, nurse practitioners, hospitals, clinics, rehabilitation centers, or other medical
`institutions of treatmentthat you have seen or been admitted to, whetherin-patient or out-patient, for
`medical examination or treatmentin the five (5) year period prior to January 26, 2021 and through
`the present.
`
`ANSWER:
`
`Plaintiff will supplement.
`
`Have you everbeen involved in any otherlegal action, civil or
`INTERROGATORYNO. 6:
`criminal, either as a Plaintiff or as a Defendant? If so,please state:
`
`(a) the date and place each suchaction wasfiled giving the name of the Court, the name of
`the other party or parties involved, the numberofsuchactions and the namesofthe attorneys
`representing each party;
`
`(b) a description of the nature of each such action; and,
`
`(c) the results of each such action, whetheror not there was an appealandthe result of the
`appeal, and whetherornot such case was reported, and the name, volume number and page
`citation of such reporter.
`
`ANSWER:
`
`Plaintiff objects to this interrogatory on the basis thatit is overly broad, unduly burdensome andnot
`limited in scope to a reasonable subject matter and timein that it requests information regarding any
`otherlegal action, civil or criminal, Plaintiff has been a party to at any time during Plaintiff's life.
`
`If you are attending any school, trade school, community
`INTERROGATORYNO. 8:
`college, college, or university, please identify such institution state whether youare a full- or part-
`lime student, your major, if any, current GPA, and anticipated date of graduation.
`
`ANSWER:
`
`Plaintiff will supplement.
`
`
`Answers to Interrogatories
`Page 5
`
`

`

`Please state whether you are attending school on any
`INTERROGATORY NO.9:
`scholarship, and for each,please state whethersuchis a full or partial scholarship. If there are any
`partial scholarships, please list the expensesthe scholarship covers and the expenses for which you
`are responsible.
`
`ANSWER:
`
`Plaintiff objects to this interrogatory on the basis that it is overbroad and harassing, not limited in
`scope to a reasonable subject matter and time, constitutes nothing morethan a fishing expedition,
`and invadesPlaintiff’ s constitutional and commonlaw rights ofprivacy. Plaintiff further objects to
`this interrogatory onthe basis thatit is outside the scopeofdiscovery, seeks information whichis not
`relevant and is not reasonably calculated to lead to the discovery of admissible information.
`
`Please list every item/element ofnon-economic damages which
`INTERROGATORYNO.10:
`you are claiming in this lawsuit and provide a brief synopsis of the factual basis of each non-
`economic damage being claimed.
`
`ANSWER:
`
`Plaintiff objects to this interrogatory on the basis that it is vague, ambiguous, overbroad and
`harassing,that it requires Plaintiff to marshalall of his evidence, which invades the work product
`doctrine, and constitutes nothing more than a “fishing expedition.” See Jn re Alford Chevrolet-Geo,
`997 S.W.2d 173, 181 (Tex. 1999)(holding that no discovery device can be used as a “fishing
`expedition.”).
`
`Subject to and without waiving the foregoing objection: Asa direct and proximate result of the
`occurrence madethebasis ofthis lawsuit, Plaintiffs have incurred the following damages:
`
`A,
`
`B.
`
`Reasonable medical care and expenses in the past in the amount of $41,246.17 for
`Plaintiff Alexis L. Mathis and $15,838.89 for Plaintiff Hayden Davis. These
`expenses were incurred by Plaintiffs for the necessary care and treatment of the
`injuries resulting from the accident complained ofherein and such charges are
`reasonable and were usual and customary charges for such services. As Plaintiffs
`continue to receive medicaltreatmentforthe injuries sustained in the accident made
`the basis ofthis lawsuit, the medical care expensesincurred in the past will increase.
`
`Reasonable and necessary medical care and expenses which will, in reasonable
`probability, be incurred in the future. Plaintiffs will rely on the testimony of the
`expert witnesses to compute the total compensation for damagesfor reasonable and
`necessary medical care whichwill, in all reasonable probability, be incurred in the
`future.
`
`C.
`
`Physical pain and suffering in the past.
`
`Physical pain andsuffering which,in reasonable probability, will be suffered in the
`D.
`
`Answersto Interrogatories
`Page 6
`
`

`

`future.
`
`Mental anguish in the past.
`
`Mental anguish which, in reasonable probability, will be suffered in the future.
`
`Physical impairmentin the past.
`
`Physical impairment which,in reasonable probability, will be suffered in the future.
`
`Disfigurementin thepast.
`
`Disfigurement which, in reasonable probability, will be suffered in the future.
`
`Loss of earnin

We are redirecting you
to a mobile optimized page.

ALEXIS L. MATHIS, HAYDEN DAVIS vs. HOLT TEXAS, LTD, HOLT TEXAS, LTD. D/B/A HOLT CAT, ARI FLEET LT, A STATUTORY TRUST.et al, CC-21-03580-B, MOTION COMPEL 1-MOTION_COMPEL (Tex. St., Dallas Co., Co. Ct. (2024)

References

Top Articles
Latest Posts
Recommended Articles
Article information

Author: Chrissy Homenick

Last Updated:

Views: 5822

Rating: 4.3 / 5 (74 voted)

Reviews: 81% of readers found this page helpful

Author information

Name: Chrissy Homenick

Birthday: 2001-10-22

Address: 611 Kuhn Oval, Feltonbury, NY 02783-3818

Phone: +96619177651654

Job: Mining Representative

Hobby: amateur radio, Sculling, Knife making, Gardening, Watching movies, Gunsmithing, Video gaming

Introduction: My name is Chrissy Homenick, I am a tender, funny, determined, tender, glorious, fancy, enthusiastic person who loves writing and wants to share my knowledge and understanding with you.