8/3/2018 12:03 PM
Chris Daniel - District Clerk Harris County
Envelope No. 26495957
By: bradley darnell
Filed: 8/3/2018 12:03 PM

Cause No. 2018-44472
IN THE DISTRICT COURT

§
§
§
§
§
§
§
§
§
§
§

Plaintiff,
v.
CHI ST. LUKE’S HEALTH BAYLOR
COLLEGE OF MEDICINE MEDICAL
CENTER,
Defendant.

HARRIS COUNTY, TEXAS

ist
ric
t C
ler
k

AARON ARIAS,

234TH JUDICIAL DISTRICT

nie

l D

DEFENDANT’S ORIGINAL ANSWER
TO PLAINTIFF’S ORIGINAL PETITION

Da

Defendant CHI St. Luke’s Health Baylor College of Medicine Medical Center

is 

(“Defendant” or “St. Luke’s”) files this Original Answer to the Original Petition filed by Plaintiff

 C

hr

Aaron Arias (“Plaintiff’ or “Arias”), and respectfully shows the Court as follows:

e 

Pursuant to Texas Rule of Civil Procedure 92, Defendant denies generally each

ffic

1.

of

I. GENERAL DENIAL

 O

and every allegation and claim in Plaintiff’S Original Petition, and any amendment or

op
y

supplement thereto, and demands strict proof thereof by a preponderance of the credible

II.

AFFIRMATIVE DEFENSES

fic

ial

 C

evidence.

Un
of

Without prejudice to the denials in its answer, including its denial that Plaintiff was
unlawfully terminated, Defendant interposes the following affirmative defenses and reserves the
right to interpose additional affirmative defenses during the course of this cause.
1.

To the extent Plaintiff has made allegations that relate to claims based upon

matters being more than one hundred eighty (180) days prior to the filing of his lawsuit, such
claims are time-barred.

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION
64702108.1

Page 1

 2.

Defendant is entitled to an offset against or reduction of any monetary award for

back pay or damages, if any, for (i) the total earnings and income, if any, that Plaintiff earned or,
through the exercise of reasonable diligence, could have earned during the period for which lost
wages and benefits are sought by Plaintiff, and (ii) all state and federal benefits, unemployment

ist
ric
t C
ler
k

compensation and other benefits received by Plaintiff, if any, between their dates of termination
and the present.
3.

Plaintiff has failed to set forth sufficient facts to give rise to a claim for exemplary

l D

damages against Defendant.

Defendant pleads that Plaintiff’s request for exemplary damages is limited by

nie

4.

Da

Tex. Civ. Prac. & Rem. Code § 41.008. Additionally, Defendant moves the Court to bifurcate

hr

is 

the determination of the amount of exemplary damages from the remaining issues in accordance

 C

with Tex. Civ. Prac. & Rem. Code § 41.009. Accordingly, no evidence, including, but not

e 

of

limited to, the net worth of St. Luke’s, pertaining to the amount of exemplary damages should be

ffic

admissible at the liability phase of the trial. Tex. Civ. Prac. & Rem. Code § 41.011.

op
y

 O

WHEREFORE, PREMISES CONSIDERED, Defendant CHI St. Luke’s Health Baylor

 C

College of Medicine Medical Center prays that this Court, upon hearing hereof, enter judgment

Dismissing Plaintiff’s Original Petition and any claim therein with

Un
of

fic

a.

ial

as follows:

prejudice as against Defendant;
b.

Awarding Defendant its fees and costs against Plaintiff pursuant to

relevant statutory law; and
c.

Awarding Defendant such other relief to which they may show themselves

justly entitled.

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION
64702108.1

Page 2

 Dated: August 3, 2018

Respectfully submitted,
/s/ Thomas E. Reddin
Thomas E. Reddin
Texas Bar No. 16660950
trdeddin@polsinelli.com
LaToya J. Alexander
Texas Bar No. 24087090
ljalexander@polsinelli.com

ist
ric
t C
ler
k

By:

nie

l D

POLSINELLI PC
2950 N. Harwood Street, Suite 2100
Dallas, Texas 75201
Telephone: 214.397.0030
Facsimile: 214.397.0033

Da

Attorneys for Defendant

hr

is 

CERTIFICATE OF SERVICE

e 

of

 C

The undersigned hereby certifies that a true and correct copy of the above and foregoing
document has been served via electronic mail, upon all counsel of record, as identified below, on
August 3, 2018:

Un
of

fic

ial

 C

Attorneys for Plaintiff

op
y

 O

ffic

Todd Slobin
Dorian Vandenberg-Rodes
SHELLIST LAZARZ SLOBIN LLP
11 Greenway Plaza, Suite 1515
Houston, Texas 77046

/s/ Thomas E. Reddin
Thomas E. Reddin

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION
64702108.1

Page 3