FILED

DALLAS COUNTY
8/3/2015 4:13:30 PM
FELICIA PITRE
DISTRICT CLERK

CAUSE NO. DC-15-06728

JOSE BAEZ,
Plaintiff,
V.

KRAISH H. KRAISH, individually and

d/b/a FMK LTD,
HANNAH E. KRAISH, individually
and d/b/a HMK LTD,
KHRAISH DEVELOPMENT GROUP,
LLC & HMK, LTD.
Defendants.

IN THE DISTRICT COURT

191ST JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

DEFENDANTS KRAISH H. KRAISH, HANNAH E. KRAISH, HMK LTD,

KHRAISH DEVELOPMENT GROUP, LLCs ORIGINAL ANSWER AND
REQUEST FOR DISCLOSURE TO PLAINTIFF
MAY IT PLEASE THE COURT:
COME NOW, Defendants KRAISH H. KRAISH, HANNAH E. KRAISH, KHRAISH
DEVELOPMENT GROUP, LLC. & HMK LTD., and file this, their Original Answer, and
Request for Disclosure to Plaintiffs Original Petition and would respectfully show
the Honorable Court the following:
I.
GENERAL DENIAL
1.

Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendants

KRAISH H. KRAISH (hereafter Defendant Khraish), HANNAH E. KRAISH

(hereafter Defendant Hannah Khraish), KHRAISH DEVELOPMENT GROUP
(hereafter Khraish Development), LLC & HMK LTD, (hereafter HMK and
Defendants collectively) deny each and every, all and singular, the material

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.

For further answer, if such be necessary, Defendants allege that the

Defendants are not liable to Plaintiff because of release and ratification.

3.

For further answer, if such be necessary, Defendants allege that

Plaintiffs causes of action, if any, are barred by a two-year limitation period.

4.

For further answer, if such be necessary, Defendants allege that

Plaintiffs causes of action, if any, are barred by a four-year limitation period.

5.

For further answer, if such be necessary, Defendants allege that the

negligence, fault, and/or responsibility of Plaintiff bars in whole, or in part, his

claims for damages. Such negligence, fault, and/or responsibility on the part of
Plaintiff was either the sole, or, at a minimum, a concurring cause of his injuries
and/or damages.
6.

For further answer, if such be necessary, Defendants are not liable to

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.

For further answer, if such be necessary, Defendants allege that

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.

For further answer, if such be necessary, Defendants allege that

Plaintiff may not recover any amount of damages if Plaintiffs percentage of

responsibility is greater than fifty percent (50%), regardless of the theory of
recovery pled.
9.

For further answer, if such be necessary, Defendants respectfully

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.

For further answer, if such be necessary, Defendants allege that in

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.

For further answer, if such be necessary, Defendants allege that the

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.

For further answer, if such be necessary, Defendants allege that the

Defendants are not liable to Plaintiff because Plaintiffs the injuries, if any, were
proximately caused by a wild animal.
13.

For further answer, if such be necessary, Defendants allege that the

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.

For further answer, if such be necessary, Defendants allege that the

Defendants are not liable to Plaintiff because Plaintiffs injuries, if any, were the
result of a new and independent cause.
15.

For further answer, if such be necessary, Defendant Khraish alleges

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.

For further answer, if such be necessary, Defendants Hannah Khraish,

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.

For further answer, if such be necessary, Defendants respectfully

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.

For further answer, if such be necessary, Defendants assert the

affirmative defense that Plaintiffs claims are barred by the equitable doctrines of
waiver and/or estoppel.
19.

For further answer, if such be necessary, Defendants assert the

affirmative defense that Plaintiffs claims are barred by the doctrine of unclean
hands.
20.

For further answer, if such be necessary, Defendants assert the

affirmative defense that any alleged wrongful acts or omissions of Defendants, if

and to the extent such acts and omissions occurred, were legally excused or
justified.
21.

For further answer, if such be necessary, Defendants assert the

affirmative defense of bona fide error.

22.

For further answer, if such be necessary, Defendants invoke the

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.

Defendants deny that all conditions precedent have been performed or

have occurred.
24.

Defendants

Hannah

Khraish,

Khraish

Khraish

and

Khraish

Development deny that Plaintiff is entitled to recover in the capacity in which

Plaintiff has sued Defendants because Defendants are not the owner, operator, or
landlord of the premises that is the subject of this lawsuit and/or where the injury
to Plaintiff allegedly occurred.
25.

Defendants Hannah Khraish and Khraish Khraish deny that they are

doing business as HMK, LTD.

26.

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.

In accordance with Texas Rule of Civil Procedure Rule 193.7, Defendant

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

Plaintiff in response to written discovery requests may be used at any pretrial

proceeding, as well as entered into evidence at the final trial of this cause, and are
considered authenticated as to producing parties by the fact of production itself.
V.
REQUEST FOR DISCLOSURE
30.

Under the authority of Texas Rule of Civil Procedure 194, Defendant

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

/s/ Bernard E. Zwillenberg

Defendant Kraish H. Kraish, , Hannah E. Kraish,, Khraish Development Group, LLC & HMK, Ltd.s
Original Answer and Request for Disclosure to Plaintiff

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