5/21/2018 9:53 AM

Velva L. Price
District Clerk
Travis County
CAUSE NO. D-1-GN-18-001885 D-1-GN-18-001885
Melissa Romero

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LORENA LOPEZ-GONZALEZ § IN THE DISTRICT COURT

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and BRYAN HAVEL §
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V. § OF TRAVIS COUNTY, TEXAS
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201ST JUDICIAL DISTRICT

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STONEGATE PHARMACY, LP §

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DEFENDANT STONEGATE PHARMACY, LP’S ORIGINAL ANSWER

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TO THE HONORABLE JUDGE OF SAID COURT:

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COMES NOW, Stonegate Pharmacy, LP (“Defendant” herein), and files its Original

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Answer to Plaintiffs’ Original Petition, respectfully showing as follows:

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GENERAL DENIAL
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Defendant hereby enters a general denial and denies each and every, all and singular, the
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allegations contained in Plaintiffs’ Original Petition, and demands strict proof thereof by a
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preponderance of the credible evidence, as provided by law.

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II.
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AFFIRMATIVE DEFENSES
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Defendant would show that any recovery by Plaintiffs is limited pursuant to Chapter 74,
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Subchapter G of the Texas Civil Practice & Remedies Code, and those limits are affirmatively
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asserted herein. Defendant also intends to rely upon all procedural and substantive provisions of
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Chapter 74 and affirmatively assert said provisions herein.

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III.
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Recovery of punitive or exemplary damages is limited pursuant to TEX. CIV. PRAC. &
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REM. CODE § 41.001 et seq., and those limits, including any additional limitations arising from

this Defendant’s state and federal constitutional rights, are asserted herein.
 IV.

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Defendant affirmatively asserts, and intends to rely upon and invoke, the provisions of

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Tex.Civ.Prac. & Rem. Code, Ch. 74, Subchapter G, Liability Limits as applicable to the claims

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filed herein.

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V.

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Pleading further and in the alternative, Defendant says that the incident made the basis of

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this suit was the result of a new and independent/intervening cause, breaking the chain of

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causation between any act or omission alleged to have occurred on the part of Defendant.

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VI.

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Pursuant to § 41.0105 of the TEX. CIV. PRAC. & REM. CODE, this Defendant affirmatively
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asserts that Plaintiffs are not entitled to seek recovery for medical bills, expenses and services
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that were not actually paid.

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VII.
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Defendant asserts the pre-judgment interest limitation contained in Chapter 74 of the

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TEX. CIV. PRAC. & REM. CODE and Chapter 304 of the Texas Finance Code.
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VIII.
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Defendant assert the pre-judgment interest limitations contained in § 41.007 of the TEX.
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CIV. PRAC. & REM. CODE.

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IX.
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Defendant invokes the inferential rebuttal defenses of sole proximate cause, unavoidable
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accident, and Act of God.

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JURY DEMAND

Defendant hereby demands a trial by jury and has tendered the jury fee.

Defendant’s Original Answer to Plaintiffs’ Original Petition Page 2

 WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiffs take nothing

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by this suit, that Defendant recovers its costs and for such other and further relief to which this

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Defendant may be shown justly entitled.

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Respectfully submitted,

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KEENE & SEIBERT, P.C.

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609 Castle Ridge Rd., Suite 100
Austin, Texas 78746

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Telephone: (512) 343-6248
Fax: (512) 343-0121

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By: /s/ Mark A. Keene
Mark A. Keene

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State Bar No. 00784375

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ATTORNEYS FOR DEFENDANT
STONEGATE PHARMACY, LP
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CERTIFICATE OF SERVICE
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I hereby certify that a true and correct copy of the foregoing instrument has been served
via electronic delivery pursuant to the Texas Rules of Civil Procedure on this the 21st day of
May 2018, to the following:
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Sean E. Breen
HOWRY BREEN & HERMAN, LLP
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1900 Pearl Street

Austin, TX 78705-5408
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Counsel for Plaintiffs

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/s/ Mark A. Keene

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Mark A. Keene
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Defendant’s Original Answer to Plaintiffs’ Original Petition Page 3