FILED
DALLAS COUNTY
6/23/2017 3:11 PM
FELICIA PITRE
DISTRICT CLERK

DRAFT due June 26th
CAUSE NO. DC-17-06313
JESUS GUZMAN,

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Plaintiff,
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VS.
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JMA PARTNERS, INC. d/b/a GUARDIAN §
PHARMACY SERVICES and JACK R.
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MUNN,
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Defendants.
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IN THE DISTRICT COURT

95TH JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

DEFENDANTS’ ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW Defendants JMA Partners, Inc. d/b/a Guardian Pharmacy Services and Jack
R. Munn (“Defendants”) and file their Original Answer to Plaintiff’s Original Petition and, in
support thereof, would respectfully show:
I.
Defendants assert a general denial as authorized by Rule 92 of the Texas Rules of Civil
Procedure, and Defendants generally deny all of the claims and allegations in Plaintiff’s Petition.
Defendants respectfully request that Plaintiff be required to prove all claims and allegations
against them, including liability, damages, and all elements of all causes of actions by the highest
applicable legal standard as required by the Constitution and laws of the State of Texas.
II.
Defendants deny being negligent or grossly negligent.

Defendants compounded a

preparation which was distributed by the physicians at the Key Whitman Eye Center including

DEFENDANTS’ ORIGINAL ANSWER (470.0051)

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 Dr. Jeffrey Whitman. At all times, Defendants were acting with reasonable care and as a
reasonably prudent pharmacy and pharmacist would have done in compliance with their
standards of care.
III.
Defendants contend that Plaintiff’s claimed injuries and damages were a known,
foreseeable complication or side effect of Plaintiff’s surgical procedure, and were not the result
of negligence on the part of Defendants or anyone. Plaintiff knowingly consented to accept this
risk or hazard, after consultation with his medical providers including his surgeon.
IV.
Defendants assert the negligence of third parties over whom they have no control. Upon
information and belief, other persons or entities may have negligently caused or contributed to
causing the occurrence in question and the Plaintiff’s alleged injuries and damages. Defendants
are still investigating the identity of the specific third parties and how they may have been
negligent.
V.
Defendants deny strict liability to Plaintiff. Defendants compounded a preparation which
was distributed by the physicians at the Key Whitman Eye Center including Dr. Jeffrey
Whitman. Defendants did not design or manufacture any product. The preparation compounded
by Defendants was safe, in compliance with reasonable pharmaceutical standards, and not
unreasonably dangerous as compounded by Defendants.
VI.
Defendants are health care providers, and the claims asserted against them are health care
liability claims. Defendants plead all the procedural and substantive protections of the Texas
Medical Liability Act, Texas Civil Practices and Remedies Code chapter 74.

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 VII.
Defendants deny proximately causing the Plaintiff’s claimed injuries and damages. Upon
information and belief, Defendants assert that the Plaintiff’s injuries were pre-existing conditions
not caused by Defendants.
VIII.
Defendant Jack R. Munn denies under oath that he is liable in the capacity in which he
has been sued. Defendant Jack R. Munn was at all times acting in his capacity as the president
of JMA Partners, Inc. d/b/a Guardian Pharmacy Services and was acting on behalf of JMA
Partners, Inc. d/b/a Guardian Pharmacy Services and not in his individual capacity. Defendant
Jack R. Munn specifically denies that he is liable in his individual capacity.
IX.
Defendants deny under oath that that all conditions precedent have been met by Plaintiff
prior to filing this lawsuit. Defendants deny receiving by certified mail a notice of claim and
medical authorization from the Plaintiff sixty (60) days before this suit was filed.
X.
Defendants assert the protections contained in Chapter 33 of the Texas Civil Practice and
Remedies Code concerning apportionment of responsibility, submission of the responsibility and
percentages of responsibility of all parties to the jury, settlement credits, and any other applicable
provisions.
XI.
Defendants assert protections against Plaintiff’s claims of gross negligence and
exemplary damages under chapter 41 of the Texas Civil Practice & Remedies Code, the due
process clause of the Fourteenth Amendment to the United States Constitution, Article 1,

DEFENDANTS’ ORIGINAL ANSWER (470.0051)

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 Sections 13 and 19 of the Texas Constitution, and the common law and public policies of the
State of Texas.
XII.
Defendants ask that evidence concerning medical expenses be limited to the amount
actually paid or incurred by or on behalf of Plaintiff in compliance with Texas Civil Practice &
Remedies Code §41.0105.
XIII.
Defendants assert the protections contained in Section 18.091 of the Texas Civil Practice
and Remedies Code concerning any claims for lost wages, loss of earnings, loss of earning
capacity, loss of pecuniary contributions, or loss of inheritance.
XIV.
Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Defendants request a jury
trial for all claims and questions of fact.
XV.
Pursuant to Rule 63 of the Texas Rules of Civil Procedure, Defendants reserve the right
to amend this Answer after further investigation.

WHEREFORE, PREMISES CONSIDERED, Defendants JMA Partners, Inc. d/b/a
Guardian Pharmacy Services and Jack R. Munn pray that Plaintiff recovers nothing from them,
that this lawsuit and all claims and allegations contained therein be dismissed with prejudice, that
Defendants recover their costs of court, and for such other and further relief to which Defendants
may be justly entitled, at equity or at law.

DEFENDANTS’ ORIGINAL ANSWER (470.0051)

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 Respectfully submitted,
THE WILLIS LAW GROUP
/s/ Kirk D. Willis
KIRK D. WILLIS
State Bar No. 21648500
WILLIAM J. CLAY
State Bar No. 04332425
AMOS D. PETTIS
State Bar No. 24027730
ROB WRIGHT
State Bar No. 24034184
10440 N. Central Expressway, Suite 520
Dallas, Texas 75231
Telephone: (214) 736-9433
Facsimile: (214) 736-9994
service@thewillislawgroup.com
ATTORNEYS FOR DEFENDANTS JMA
PARTNERS, INC. D/B/A GUARDIAN
PHARMACY SERVICES AND JACK R. MUNN
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing document
has been forwarded to the following counsel of record in a manner consistent with Texas Rules
of Civil Procedure on this 23rd day of June, 2017.
Les Weisbrod (lweisbrod@millerweisbrod.com)
Robert Wolf (rwolf@millerweisbrod.com)
Jennifer Myers (jmyers@millerweisbrod.com)
MILLER WEISBROD, L.L.P.
11551 Forest Central Drive
Forest Central II, Suite 300
Dallas, Texas 75243
/s/ Kirk D. Willis
KIRK D. WILLIS

DEFENDANTS’ ORIGINAL ANSWER (470.0051)

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 VERIFICATION
State of Texas

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County of Dallas

Before me came the undersigned and under oath stated the following:

“ My name is Jack R. Munn, RPh, and I am a named Defendant in this case and the
President of Defendant JMA Partners, Inc. d/b/a Guardian Pharmacy Services. I am competent
to make this Verification, which is based on my personal knowledge. I have read the above

Defendants’ Original Answer, and paragraphs VIII and IX are true and correct.”

Sworn to and signed before me on the Q3nd day of June, 2017.

*

DEBORAH LEE WEL00N
Notary ID # 2526946
My Commission Expires
April 20 2020

Notary Public in and for the State of Texas

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DEFENDANTS’ ORIGINAL ANSWER ( 470.0051)

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