EXHIBIT A

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 1 of 36 PageID 6
UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

KAYLEN TAYLOR 

Plaintiff, 

vs. 

MELTON TRUCK LINES, INC., 

and MATTHEW CHESNUTT, 

Defendants. 

§ 

§ 

§ 

§ 

§ CML ACTION NO. ___ _ 

§ 

§ 

§ 

§ 

§ 

DECLARATION OF RYAN FUNDERBURG 

1. Pursuant to 28 U.S. Code § 17 46, I, Ryan Funderburg declare under penalty of 

perjury that the foregoing is true and correct. 

2. On March 15, 2022, I sent an email to Plaintiffs counsel, Jonathan Rawlins, 

inquiring as to the amount of Plaintiffs alleged damages, and requested whether 

Plaintiff would be willing to stipulate the damages sought are less than $75,000 in 

this matter. 

3. On March 22, 2022, I sent an additional correspondence to Plaintiffs counsel 

following up on my previous email. 

4. Later, on March 22, 2022, Plaintiffs counsel responded by explaining that 

based upon Plaintiffs recommended medical treatment, she will not be able to plead 

or stipulate to damages under $75,000 at this time. 

5. Attached as Exhibit A-1 to this Declaration is a true, correct, and exact copy 

of the email correspondence, dated March 15 and 22, 2022, between Jonathan 

Rawlins and myself as described in this Declaration. 

4:22-cv-203

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 2 of 36 PageID 7
Dated: March 21, 2022 

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 3 of 36 PageID 8
 EXHIBIT A1

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 4 of 36 PageID 9
1

Ryan Funderburg

From: Jonathan Rawlins <jrawlins@rawfirm.com>

Sent: Monday, March 21, 2022 9:33 AM

To: Ryan Funderburg; Taylor Adams

Subject: [EXTERNAL] - RE: Kaylen Taylor v. Melton Truck Lines, et al.

Thank you for following up on this. We have reached out to our client to see if a stipulation like this is possible. Just FYI, 

our client has been recommended to undergo a Right Knee Arthroscopy and Meniscus Debridement as well as been 

recommended to undergo Lumbar Facet Injections at two levels. At this time I am not thinking we will be able to plead 

or stipulate to under $75K in damages. I will let you know as soon as I hear back from Ms. Taylor. 

Regards, 

Jonathan Rawlins 

Rawlins Law Firm, LLC

12801 N. Central Expy, Ste 360 

Dallas, TX 75243 

main: (972) 372-0766 

direct: (214) 919-4215 

fax: (972) 372-0765 

CONFIDENTIAL: This message from Rawlins Law Firm, LLC, may contain information that is privileged, confidential, and/or 

exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are hereby notified that the 

copying, use or distribution of any information or materials transmitted in or with this message is strictly prohibited. If you received this 

message in error, please delete this message and destroy any copies immediately.

From: Ryan Funderburg <rfunderburg@qslwm.com> 

Sent: Monday, March 21, 2022 9:15 AM 

To: Jonathan Rawlins <jrawlins@rawfirm.com>; Taylor Adams <tadams@rawfirm.com> 

Subject: RE: Kaylen Taylor v. Melton Truck Lines, et al. 

Counsel, I am following up on my email below from last week. Thanks 

 

Ryan Funderburg 

Attorney at Law 

Quilling, Selander, Lownds, Winslett & Moser, P.C.

2001 Bryan Street, Suite 1800 

Dallas, TX 75201 

214-871-2100 (Main) 

214-880-1885 (Direct) 

214-871-2111 (Fax) 

From: Ryan Funderburg 

Sent: Tuesday, March 15, 2022 12:20 PM 

To: 'jrawlins@rawfirm.com' <jrawlins@rawfirm.com>; 'tadams@rawfirm.com' <tadams@rawfirm.com> 

Cc: Mark Scudder <mscudder@qslwm.com> 

Subject: Kaylen Taylor v. Melton Truck Lines, et al. 

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 5 of 36 PageID 10
2

Counsel, our firm has been retained to represent Melton Truck Lines and its driver, Matthew Chesnutt in the abovereferenced matter pending in Tarrant County. The parties are diverse in this matter, but you allege $250,000 or less in 

the Original Petition. DoWould you agree to stipulate Plaintiff Kaylen Taylor seeks damages less than $75,000 in this 

matter? If not, we will assume Plaintiff is seeking more than $75,000 in this matter. 

Defendants’ answers should be forthcoming. 

Thanks, 

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 6 of 36 PageID 11
 EXHIBIT B

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 7 of 36 PageID 12
Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 8 of 36 PageID 13
 EXHIBIT C

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 9 of 36 PageID 14
UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

KAYLEN TAYLOR

Plaintiff,

vs.

MELTON TRUCK LINES, INC., 

and MATTHEW CHESNUTT,

Defendants.

§

§

§

§

§

§

§

§

§

§

 

 

CIVIL ACTION NO.____________

(removed from the County Court 

at Law No. 2, Tarrant County, 

Texas)

INDEX OF STATE COURT FILINGS

Exhibit Filing Date Filed in 

State Court

C-1 Plaintiffs’ Original Petition 3/09/22

C-2

 

Letter to Court requesting citations 2/9/22

C-3 Executed Citation – Melton Truck Lines 3/15/22

C-4 Executed Citation – Matthew Chestnutt 3/15/22

C-5 Defendant Melton Truck Lines, Inc.’s 

Original Answer

3/21/22

C-6 Defendant Matthew Chestnutt’s Original 

Answer

3/15/22

4:22-cv-203

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 10 of 36 PageID 15
EXHIBIT C1

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 11 of 36 PageID 16
PLAINTIFF’S ORIGINAL PETITION PAGE 1 OF 7

CAUSE NO. ______________

KAYLEN TAYLOR

Plaintiff,

§

§

§

 §

IN THE COUNTY COURT

§

v. § AT LAW NO. ____

§

MELTON TRUCK LINES, INC., and 

MATTHEW CHESNUTT,

Defendants.

§

§

§ TARANT COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Plaintiff Kaylen Taylor (“Plaintiff”), complaining of and against Melton 

Truck Lines, Inc. (“Defendant Melton Truck Lines”) and Matthew Chesnutt (“Defendant

Delgado”), and would respectfully show unto the Court as follows:

I. DISCOVERY CONTROL PLAN AND REQUIRED DISCLOSURES

Plaintiff intends to conduct expedited discovery under Level 1 pursuant to Rule 190.2 of 

the TEX. R. CIV. P. Plaintiff requests Defendant provide initial disclosures as required under rule 

194.2 within 30 days of filing an answer in this cause. 

II. UTEXAS RULE 47 STATEMENT OF MONETARY RELIEF SOUGHT

Plaintiff affirmatively pleads she is seeking monetary relief aggregating two hundred and 

fifty thousand dollars ($250,000.00) or less, excluding interest, statutory or punitive damages and 

penalties, and attorney fees and costs.

III. PARTIES AND SERVICE

Plaintiff is a resident of Tarrant County, TX. The last three digits of Plaintiff’s Driver’s 

E-FILED

TARRANT COUNTY, TEXAS

3/2/2022 11:53 AM

Mary Louise Nicholson

COUNTY CLERK

BY: CK G

2022-001035-2

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 12 of 36 PageID 17
PLAINTIFF’S ORIGINAL PETITION PAGE 2 OF 7

License is (060)

Defendant Melton Truck Lines, Inc. is a foreign for-profit business corporation with its

principal place of business located in Tulsa, Oklahoma. Defendant Melton Truck Lines may be 

served with citation by serving its registered agent at the following address: 

Michael Dargel

808 N. 161st E. Ave. 

Tulsa, OK 74116

Issuance of citation is requested at this time.

Defendant Matthew Chesnutt is an individual who may be served at his place of residence: 

1709 Oak County Lane, Las Vegas, NV 89144 or wherever Defendant may be found. Issuance 

of citation is requested at this time.

IV. JURISDICTION

This Court has jurisdiction as Plaintiff’s damages are within the jurisdictional limits of this 

Court.

V. VENUE

Venue is proper in Tarrant County, Texas, pursuant to 15.002(a)(1) of the Texas Civil 

Practice and Remedies Code, because the facts that give rise to the causes of action occurred in 

Tarrant County, Texas. 

VI. EMPLOYMENT/AGENCY

At all material times hereto, Defendant Chesnutt was acting within the course and scope of 

his employment with Defendant Melton Truck Lines, so as to make Defendant Melton Truck Lines

liable for the actionable conduct of Defendant Chesnutt under the doctrine of respondent superior. 

All allegations made herein against Defendant Chesnutt are made against Defendant Melton Truck 

Lines insofar as Defendant Chesnutt was acting within the course and scope of his employment. 

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 13 of 36 PageID 18
PLAINTIFF’S ORIGINAL PETITION PAGE 3 OF 7

Accordingly, Plaintiff seeks judgment against Defendant Melton Truck Lines for the negligence 

of Defendant Chesnutt.

In the alternative, at all times material hereto, Defendant Chesnutt was the actual, apparent, 

ostensible, or by estoppel agent of Defendant Melton Truck Lines, acting within the course and 

scope of such agency, so as to make Defendant Melton Truck Lines liable for the actionable 

conduct of Defendant Chesnutt. All allegations made herein against Defendant Chesnutt are made 

against Defendant Melton Truck Lines insofar as Defendant Chesnutt was acting as Defendant 

Melton Truck Lines’ agent. Accordingly, Plaintiff seeks judgment against Defendant Melton 

Truck Lines for the negligence of Defendant Chesnutt.

VII. FACTS

On or about October 16, 2020, Plaintiff was traveling northbound on Interstate-35 South 

Freeway (“I-35”) at or near the 100 block of Sycamore School Road during the incident made the 

basis of this lawsuit. Immediately prior to the incident Plaintiff had entered onto I-35 in heavy 

traffic from an entrance ramp. Specifically, as Plaintiff entered into the highway, stopped (due to 

heavy traffic) and was established in the right-lane of travel, Defendant Chesnutt, without warning, 

collided with the rear driver’s side of Plaintiff’s vehicle and continued impact down the entire 

driver’s side of Plaintiff’s vehicle and front bumper. Defendant Chesnutt’s failure to stop his

vehicle from colliding with Plaintiff’s vehicle; failure to keep a proper lookout; failure to turn the 

vehicle away from Plaintiff’s vehicle; and failure to use due care and maintain proper control of 

the vehicle was the proximate cause of the Plaintiff’s injuries and damages.

VIII. NEGLIGENCE OF DEFENDANTS

Defendants had a duty to exercise due care that a reasonably prudent person would use to 

avoid harm to others under similar circumstances. Plaintiff’s injuries were proximately caused by 

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 14 of 36 PageID 19
PLAINTIFF’S ORIGINAL PETITION PAGE 4 OF 7

Defendants’ negligent, careless, and reckless disregard of said duty. The conduct of Defendants

was the proximate cause of Plaintiff’s injuries in that Defendants’ acts or omissions constituted 

negligence and gross negligence, to wit:

a. failing to keep such a look out as a person of ordinary prudence would have kept 

under similar circumstances;

b. failing to turn the direction of the vehicle away from Plaintiff’s vehicle, in order to 

avoid the collision;

c. failing to use due care to avoid the collision;

d. failing to maintain proper control of Defendants’ vehicle thus causing the collision 

in question; and 

e. failing to stop his vehicle from colliding with Plaintiff’s vehicle.

Each of the above acts and omissions, singularly or in combination with each other, were 

the proximate cause of Plaintiff’s injuries and damages that are described in the Damages section 

of this Petition.

IX. DAMAGES

Due to Defendants’ negligence, Plaintiff suffered injuries and are seeking compensation 

for the following:

a. actual medical bills incurred by Plaintiff for which treatment was necessary and for 

which the amount was reasonable for these types of services in the county Plaintiff

was treated;

b. medical care expenses that, in reasonable probability, Plaintiff will sustain in the 

future;

c. physical pain and mental anguish sustained in the past found to be reasonable and 

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 15 of 36 PageID 20
PLAINTIFF’S ORIGINAL PETITION PAGE 5 OF 7

just by the trier of fact;

d. physical pain and mental anguish that, in reasonable probability, Plaintiff will 

sustain in the future as determined by the trier of fact;

e. physical impairment sustained in the past as determined by the trier of fact;

f. physical impairment that, in reasonable probability, Plaintiff will sustain in the 

future as determined by the trier of fact;

g. lost wages;

h. loss of earning capacity in the past;

i. loss of earning capacity that, in reasonable probability, Plaintiff will sustain in the 

future;

j. property damages;

k. loss of use;

l. pre/post judgment interest; and

m. court costs.

X. CONDITIONS PRECEDENT

All conditions precedent have been performed or have occurred.

XI. NOTICE OF INTENT 

Plaintiff gives notice of intent to utilize any and all items produced in discovery in the trial 

of this matter. The authenticity of such items is self-proven per rule 193.7 of the Texas Rules of 

Civil Procedure. 

XII. U.S. LIFE TABLES

Plaintiff hereby gives notice to Defendants that Plaintiff intends to use the U.S. Life Tables 

as used by the U.S. Department of Health and Human Services.

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 16 of 36 PageID 21
PLAINTIFF’S ORIGINAL PETITION PAGE 6 OF 7

XIII. PRAYER

Plaintiff respectfully requests that Defendants be cited to appear and answer, and that on 

final trial, Plaintiff be awarded judgment against Defendants for the following damages:

a. medical care expenses sustained in the past;

b. medical care expenses that, in reasonable probability, Plaintiff will sustain in the 

future;

c. physical pain and mental anguish sustained in the past;

d. physical pain and mental anguish that, in reasonable probability, Plaintiff will 

sustain in the future;

e. physical impairment sustained in the past;

f. physical impairment that, in reasonable probability, Plaintiff will sustain in the 

future;

g. lost wages;

h. loss of earning capacity in the past;

i. loss of earning capacity in the future;

j. property damages;

k. loss of use;

l. pre/post judgment interest; 

m. court costs; and

n. for such other and further relief, at law or equity, to which Plaintiffs will be justly 

entitled.

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 17 of 36 PageID 22
PLAINTIFF’S ORIGINAL PETITION PAGE 7 OF 7

Respectfully submitted,

_______________________________

Jonathan E. Rawlins

Texas Bar No. 24079184

Email: jrawlins@rawfirm.com

Taylor P. Adams

Texas Bar No. 24096595

Email: tadams@rawfirm.com

RAWLINS LAW FIRM, LLC

12801 N. Central Expy, Ste. 360

Dallas, Texas 75243

Telephone #: 972-372-0766

Fax #: 972-372-0765

E-Service: service@rawfirm.com

COUNSEL FOR PLAINTIFF 

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 18 of 36 PageID 23
EXHIBIT C2

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 19 of 36 PageID 24
12801 N. Central Expy, Ste 360

Dallas, TX 75243

P: 972-372-0766 F: 972-372-0765

tadams@rawfirm.com

March 2, 2022 

VIA: E-File

Tarrant County Clerk’s Office 

100 W. Weatherford 

Fort Worth, Texas 76196 

Re: Taylor v. Melton Truck Lines, Inc. et al 

To whom it may concern: 

Today Plaintiff’s Original Petition was filed, and issuance of citation paid. Please issue 

citation for the named Defendants included in Plaintiff’s Petition. Please return electronically to 

service@rawfirm.com or in the alternative, mailed to: 

Rawlins Law Firm, LLC 

12801 N. Central Expy., Ste. 360 

Dallas, Texas 75243 

Please let me know if you have any questions. 

Regards, 

Taylor P. Adams 

Direct: (972) 600-1280 

tadams@rawfirm.com 

E-FILED

TARRANT COUNTY, TEXAS

3/2/2022 11:53 AM

Mary Louise Nicholson

COUNTY CLERK

BY: CK G

2022-001035-2

Copy from re:SearchTX

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 20 of 36 PageID 25
EXHIBIT C3

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 21 of 36 PageID 26
E-FILED

TARRANT COUNTY, TEXAS

3/15/2022 1:33 PM

MARY LOUISE NICHOLSON

COUNTY CLERK

BY: AE W

Copy from re:SearchTX

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 22 of 36 PageID 27
Copy from re:SearchTX

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 23 of 36 PageID 28
EXHIBIT C

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 24 of 36 PageID 29
E-FILED

TARRANT COUNTY, TEXAS

3/15/2022 8:32 AM

Mary Louise Nicholson

COUNTY CLERK

BY: M. R.

Copy from re:SearchTX

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 25 of 36 PageID 30
Copy from re:SearchTX

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 26 of 36 PageID 31
EXHIBIT C

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 27 of 36 PageID 32
DEFENDANT MELTON’S ORIGINAL ANSWER Page 1

CAUSE NO. 2022-001035-2

KAYLEN TAYLOR

Plaintiff,

vs.

MELTON TRUCK LINES, INC., and 

MATTHEW CHESNUTT,

Defendants.

§

§

§

§

§

§

§

§

§

§

 

 IN THE COUNTY COURT

 AT LAW NO. 2

 TARRANT COUNTY, TEXAS

DEFENDANT MELTON TRUCK LINES, INC.’S ORIGINAL ANSWER

COMES NOW Defendant MELTON TRUCK LINES, INC. and files this, its 

Original Answer in response to Plaintiff’s Original Petition filed against it and in 

support hereof shows the Court the following:

I. GENERAL DENIAL

1. Subject to such stipulations and admissions as may be made hereafter, 

Defendant denies each and every allegation made by Plaintiff and hereby enters a 

general denial as is permitted by Rule 92 of the Texas Rules of Civil Procedure, and 

requests that Plaintiff be required to prove by a preponderance of the evidence the 

charges and allegations which she have made against Defendant.

II. AFFIRMATIVE DEFENSES

2. Further answering, alternatively, and by way of affirmative defense, the 

accident in question and Plaintiff’s alleged resulting damages, if any, were the result 

of negligent and negligent per se acts and/or omissions of others not under the control 

of Defendant, including Plaintiff, whose acts or omissions were a contributing or sole 

E-FILED

TARRANT COUNTY, TEXAS

3/21/2022 1:30 PM

Mary Louise Nicholson

COUNTY CLERK

BY: AE W

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 28 of 36 PageID 33
DEFENDANT MELTON’S ORIGINAL ANSWER Page 2

proximate cause of the accident in question and any alleged damages resulting 

therefrom. Defendant, therefore, invokes the doctrine of comparative causation and 

proportionate responsibility as set forth in Chapter 33 of the Texas Civil Practice & 

Remedies Code.

3. Further answering, alternatively, and by way of affirmative defense, in the 

unlikely event that any liability be found on the part of Defendant, such liability must 

be reduced by the percentage of causation and responsibility found to have resulted 

from the negligence and negligence per se of others.

4. Further answering, alternatively, and by way of affirmative defense, Plaintiff’s 

medical expenses are limited to those actually paid or incurred on behalf of Plaintiff 

pursuant to Texas Civil Practice & Remedies Code § 41.0105.

III.

 PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant MELTON TRUCK 

LINES, INC. request that Plaintiff take nothing by her suit, that Defendant recover 

its costs, and for such other and further relief to which Defendant may be justly 

entitled.

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 29 of 36 PageID 34
DEFENDANT MELTON’S ORIGINAL ANSWER Page 3

Respectfully submitted,

/s/ Mark Scudder

MARK S. SCUDDER

State Bar No. 17936300

RYAN FUNDERBURG

State Bar No. 24101776

QUILLING, SELANDER, LOWNDS, 

WINSLETT & MOSER

2001 Bryan St., Suite 1800

(214) 871-2100

(214) 871-2111 - Fax

mscudder@qslwm.com

rfunderburg@qslwm.com

AND

/s/ Vallie S. Dugas

VALLIE S. DUGAS

State Bar No. 24047614

808 N. 161st E. Ave.

Tulsa, OK 74116

(918) 234-8000

Vallie.dugas@meltontruck.com

ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE

The undersigned counsel certifies that on the 21st day of March 2022 the 

foregoing was served on all known counsel of record in compliance with Rules 21 and 

21a of the Texas Rules of Civil Procedure.

/s/ Mark Scudder

MARK S. SCUDDER

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 30 of 36 PageID 35
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 persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Janet Casares on behalf of Mark S. Scudder

Bar No. 17936300

jcasares@qslwm.com

Envelope ID: 62789835

Status as of 3/21/2022 2:41 PM CST

Case Contacts

Name

Janet Casares

Ryan Funderburg

Kim Price

Mark S.Scudder

Vallie Dugas

Jonathan E.Rawlins

Taylor P.Adams

Rawlins Law Firm .

BarNumber Email

jcasares@qslwm.com

rfunderburg@qslwm.com

kprice@qslwm.com

mscudder@qslwm.com

Vallie.dugas@meltontruck.com

jrawlilns@rawfirm.com

tadams@rawfirm.com

service@rawfirm.com

TimestampSubmitted

3/21/2022 1:30:07 PM

3/21/2022 1:30:07 PM

3/21/2022 1:30:07 PM

3/21/2022 1:30:07 PM

3/21/2022 1:30:07 PM

3/21/2022 1:30:07 PM

3/21/2022 1:30:07 PM

3/21/2022 1:30:07 PM

Status

SENT

SENT

SENT

SENT

SENT

SENT

SENT

SENT

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 31 of 36 PageID 36
EXHIBIT C

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 32 of 36 PageID 37
DEFENDANT MATTHEW CHESNUTT’S ORIGINAL ANSWER Page 1

CAUSE NO. 2022-001035-2

KAYLEN TAYLOR

Plaintiff,

vs.

MELTON TRUCK LINES, INC., and 

MATTHEW CHESNUTT,

Defendants.

§

§

§

§

§

§

§

§

§

§

 

 IN THE COUNTY COURT

 AT LAW NO. 2

 TARRANT COUNTY, TEXAS

DEFENDANT MATTHEW CHESNUTT’S ORIGINAL ANSWER

COMES NOW Defendant MATTHEW CHESNUTT and files this, his 

Original Answer in response to Plaintiff’s Original Petition filed against him and in 

support hereof shows the Court the following:

I. GENERAL DENIAL

1. Subject to such stipulations and admissions as may be made hereafter, 

Defendant denies each and every allegation made by Plaintiff and hereby enters a 

general denial as is permitted by Rule 92 of the Texas Rules of Civil Procedure, and 

requests that Plaintiff be required to prove by a preponderance of the evidence the 

charges and allegations which she have made against Defendant.

II. AFFIRMATIVE DEFENSES

2. Further answering, alternatively, and by way of affirmative defense, the 

accident in question and Plaintiff’s alleged resulting damages, if any, were the result 

of negligent and negligent per se acts and/or omissions of others not under the control 

of Defendant, including Plaintiff, whose acts or omissions were a contributing or sole 

E-FILED

TARRANT COUNTY, TEXAS

3/21/2022 1:40 PM

Mary Louise Nicholson

COUNTY CLERK

BY: AE W

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 33 of 36 PageID 38
DEFENDANT MATTHEW CHESNUTT’S ORIGINAL ANSWER Page 2

proximate cause of the accident in question and any alleged damages resulting 

therefrom. Defendant, therefore, invokes the doctrine of comparative causation and 

proportionate responsibility as set forth in Chapter 33 of the Texas Civil Practice & 

Remedies Code.

3. Further answering, alternatively, and by way of affirmative defense, in the 

unlikely event that any liability be found on the part of Defendant, such liability must 

be reduced by the percentage of causation and responsibility found to have resulted 

from the negligence and negligence per se of others.

4. Further answering, alternatively, and by way of affirmative defense, Plaintiff’s 

medical expenses are limited to those actually paid or incurred on behalf of Plaintiff 

pursuant to Texas Civil Practice & Remedies Code § 41.0105.

III.

 PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant MATTHEW 

CHESNUTT request that Plaintiff take nothing by her suit, that Defendant recover 

his costs, and for such other and further relief to which Defendant may be justly 

entitled.

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 34 of 36 PageID 39
DEFENDANT MATTHEW CHESNUTT’S ORIGINAL ANSWER Page 3

Respectfully submitted,

/s/ Mark Scudder

MARK S. SCUDDER

State Bar No. 17936300

RYAN FUNDERBURG

State Bar No. 24101776

QUILLING, SELANDER, LOWNDS, 

WINSLETT & MOSER

2001 Bryan St., Suite 1800

(214) 871-2100

(214) 871-2111 - Fax

mscudder@qslwm.com

rfunderburg@qslwm.com

AND

/s/ Vallie S. Dugas

VALLIE S. DUGAS

State Bar No. 24047614

808 N. 161st E. Ave.

Tulsa, OK 74116

(918) 234-8000

Vallie.dugas@meltontruck.com

ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE

The undersigned counsel certifies that on the 21st day of March 2022 the 

foregoing was served on all known counsel of record in compliance with Rules 21 and 

21a of the Texas Rules of Civil Procedure.

/s/ Mark Scudder

MARK S. SCUDDER

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 35 of 36 PageID 40
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 persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Janet Casares on behalf of Mark S. Scudder

Bar No. 17936300

jcasares@qslwm.com

Envelope ID: 62790873

Status as of 3/21/2022 2:43 PM CST

Case Contacts

Name

Mark S.Scudder

Janet Casares

Kim Price

Ryan Funderburg

Vallie Dugas

Taylor P.Adams

Jonathan E.Rawlins

Rawlins Law Firm .

BarNumber Email

mscudder@qslwm.com

jcasares@qslwm.com

kprice@qslwm.com

rfunderburg@qslwm.com

Vallie.dugas@meltontruck.com

tadams@rawfirm.com

jrawlilns@rawfirm.com

service@rawfirm.com

TimestampSubmitted

3/21/2022 1:40:38 PM

3/21/2022 1:40:38 PM

3/21/2022 1:40:38 PM

3/21/2022 1:40:38 PM

3/21/2022 1:40:38 PM

3/21/2022 1:40:38 PM

3/21/2022 1:40:38 PM

3/21/2022 1:40:38 PM

Status

SENT

SENT

SENT

SENT

SENT

SENT

ERROR

SENT

Case 4:22-cv-00203-O Document 1-1 Filed 03/21/22 Page 36 of 36 PageID 41