CAUSE NO. 048-333132-22 

Tony Jones

Plaintiff,

 V.

City of Fort Worth, et al.

Defendants. 

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IN THE DISTRICT COURT

48th JUDICIAL DISTRICT

TARRANT COUNTY, TEXAS

DEFENDANT CITY OF FORT WORTH’S ORIGINAL ANSWER

COMES NOW Defendant City of Fort Worth, Defendant herein, and files its Original 

Answer to Plaintiffs’ Original Petition and respectfully shows this Honorable Court as follows: 

I. GENERAL DENIAL

 1. Defendant City of Fort Worth generally denies each and every, all and singular, 

allegations contained in Plaintiffs’ Original Petition and demands strict proof thereof by a 

preponderance of the credible evidence. 

II. AFFIRMATIVE DEFENSES 

2. Plaintiff’s Original Petition has failed to state a claim upon which relief may be 

granted. 

3. Defendant City of Fort Worth violated no duty owed to Plaintiff. 

 4. Without waiving any of the foregoing, to the extent that Plaintiff seeks exemplary 

damages under common law from the City, such damages are not allowed for under common law, a 

municipality is immune from exemplary damages.

 5. Without waiving any of the foregoing, the City, a Texas home-rule municipality and 

Case 4:22-cv-00359-O Document 1-8 Filed 04/27/22 Page 1 of 4 PageID 18
Defendant City of Fort Worth’s Original Answer to Plaintiff’s

Original Petition Page 2 of 4

a governmental unit, specifically pleads, and states its intention to rely on the doctrine of 

governmental immunity in this matter and would show that the causes of action alleged against the 

City herein are barred, in whole or in part, by the doctrine of governmental immunity.

6. The City is immune from liability and from attorney’s fees under common law.

7. The City affirmatively pleads that it cannot be held vicariously liable as a matter of 

law for any negligent and/or grossly negligent acts of its employees.

8. Without waiving any of the foregoing, the City, a Texas home-rule municipality and 

a governmental unit, specifically pleads, and incorporates herein by reference, the provisions of TEX. 

CONST. art. 11, § 13, and the provisions of the Texas Tort Claims Act. § 101.001, et seq. TEX. CIV.

PRAC. & REM. CODE. The City specifically states its intention to rely on such provision of the 

Constitution and to further rely on each and every provision of the Texas Tort Claims Act in this 

matter, including, but not limited to, each and every defense, notice requirement, time limit, maximum 

liability limit, exclusion from liability, and prerequisite to suit provided in such Act. 

9. The City affirmatively pleads that it cannot be held liable under the theory of 

respondeat superior for any of Plaintiff’s claims.

10. Without waiving any of the foregoing, the City incorporates by reference and states 

its intention to rely on all provisions of Chapter 33, Texas Civil Practice and Remedies Code, in this 

matter and would specifically show that, in the unlikely event any party is awarded damages against 

this City in this cause, any such award must be reduced in accordance with the provisions of such 

Chapter. 

WHEREFORE, PREMISES CONSIDERED, Defendant City of Fort Worth prays that this 

proceeding be dismissed, that Plaintiff takes nothing by this suit, and that Defendant City of Fort 

Worth be granted such other and further relief, both general and special, at law or in equity, to 

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Defendant City of Fort Worth’s Original Answer to Plaintiff’s 

Original Petition Page 3 of 4 

which it may show itself justly entitled. 

Respectfully submitted,

s/ Lynn M. Winter 

Lynn M. Winter

Senior Assistant City Attorney

State Bar No. 24078135 

lynn.winter@fortworthtexas.gov

Harvey L. Frye Jr.

Senior Assistant City Attorney

State Bar No. 07496500 

harvey.frye@fortworthtexas.gov

CITY OF FORT WORTH

Office of the City Attorney

200 Texas Street

Fort Worth, Texas 76102

P: 817.392.7600

F: 817.392.8359 

 Attorneys for Defendants 

Case 4:22-cv-00359-O Document 1-8 Filed 04/27/22 Page 3 of 4 PageID 20
Defendant City of Fort Worth’s Original Answer to Plaintiff’s 

Original Petition Page 4 of 4 

CERTIFICATE OF SERVICE

This is to certify that on this 21st day of April 2022, a true and correct copy of the foregoing 

document was delivered in accordance with the Texas Rules of Civil Procedure to: 

Warren V. Norred

Norred Law, PLLC

Texas Bar No. 24045094 

515 E. Border 

Arlington, TX 76010 

FORT WORTH, TX 76102

Tel. 817-704-3984 

Fax. 817-524-6686 

Attorney for Plaintiff

s/ Lynn M. Winter 

Lynn M. Winter 

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