DEFENDANT AUTOHAUS 24, LLC’S ORIGINAL ANSWER 

0032-100395/4920063 PAGE 1 

IN THE UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF TEXAS 

 SHERMAN DIVISION 

ERIC GILMORE and REBECCA MAHONY, 

Individually and as Next Friends of K.G., a Minor, 

§ 

§

Plaintiffs, §

§

v. § Civil Action No. 4:23-cv-00704-SDJ

§

770 IMPORTS, INC., AUTOHAUS, 24, LLC, 

COTTON VALLEY, LLC d/b/a UNI COT, 

FLOATIE KINDS, IMAGINATION 

OVERDRIVE, INC., and SPIKA PRODUCTS 

INTERNATIONAL, LTD,

§ 

§ 

§ 

§ 

§

Defendants. §

DEFENDANT AUTOHAUS 24, LLC’S ORIGINAL ANSWER 

COMES NOW, Autohaus 24, LLC (hereinafter “Autohaus” or Defendant”) and files this 

Original Answer in response to Plaintiffs’ Original Complaint, and would show the Court as 

follows: 

PARTIES 

1. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 1.1 of the Complaint and therefore must deny same at this time. 

2. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 1.2 of the Complaint and therefore must deny same at this time. 

3. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 1.3 of the Complaint and therefore must deny same at this time. 

4. Autohaus admits the truth of the allegations in Paragraph 1.4 of the Complaint as 

to Autohaus being a California limited liability company but denies that Autohaus does business 

in Texas sufficient to be subject to the jurisdiction of the Court. 

5. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

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DEFENDANT AUTOHAUS 24, LLC’S ORIGINAL ANSWER 

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of the allegations in Paragraph 1.5 of the Complaint and therefore must deny same at this time. 

6. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 1.6 of the Complaint and therefore must deny same at this time. 

7. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 1.7 of the Complaint and therefore must deny same at this time. 

8. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 1.8 of the Complaint and therefore must deny same at this time. 

JURISDICTION AND VENUE 

 9. Autohaus denies the truth of the first sentence of Paragraph 2.1 concerning the 

District Court having jurisdiction over Autohaus. Autohaus admits the truth of the allegations 

pertaining to Autohaus in the sixth sentence of Paragraph 2.1 of the Complaint which state that 

Autohaus is a limited liability company formed under the laws of California, but denies that truth 

of the allegations that Autohaus does business in Texas sufficient to be subject to the jurisdiction 

of the Court. Autohaus has no stores or employees in Texas. Further, Autohaus lacks knowledge 

or information to form a belief about the truth of the allegations in any other sentence of Paragraph 

2.1 of the Complaint and therefore must deny same at this time. 

 10. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 2.2 of the Complaint and therefore must deny same at this time. 

FACTUAL BACKGROUND 

11. Autohaus denies the truth of the allegations in Paragraph 3.1 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

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DEFENDANT AUTOHAUS 24, LLC’S ORIGINAL ANSWER 

0032-100395/4920063 PAGE 3 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

12. Autohaus denies the truth of the allegations in Paragraph 3.2 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

13. Autohaus denies the truth of the allegations in Paragraph 3.3 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

14. Autohaus denies the truth of the allegations in Paragraph 3.4 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

15. Autohaus denies the truth of the allegations in Paragraph 3.5 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

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DEFENDANT AUTOHAUS 24, LLC’S ORIGINAL ANSWER 

0032-100395/4920063 PAGE 4 

16. Autohaus denies the truth of the allegations in Paragraph 3.6 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

PRODUCTS LIABILITY AGAINST AUTOHAUS 

17. The allegations in Paragraph 4.1 of the Complaint do not require Defendant to 

admit or deny. 

18. Autohaus denies the truth of the allegations in Paragraph 4.2 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

19. Autohaus denies the truth of the allegations in Paragraph 4.3 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

20. Autohaus denies the truth of the allegations in Paragraph 4.4 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

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DEFENDANT AUTOHAUS 24, LLC’S ORIGINAL ANSWER 

0032-100395/4920063 PAGE 5 

21. Autohaus denies the truth of the allegations in Paragraph 4.5 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

22. Autohaus denies the truth of the allegations in Paragraph 4.6 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

23. Autohaus denies the truth of the allegations in Paragraph 4.7 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

24. Autohaus denies the truth of the allegations in Paragraph 4.8 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

25. Autohaus denies the truth of the allegations in Paragraph 4.9 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

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DEFENDANT AUTOHAUS 24, LLC’S ORIGINAL ANSWER 

0032-100395/4920063 PAGE 6 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

NEGLIGENCE AGAINST AUTOHAUS 

26. Autohaus denies the truth of the allegations in Paragraph 4.10 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

27. Autohaus denies the truth of the allegations in Paragraph 4.11 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

28. Autohaus denies the truth of the allegations in Paragraph 4.12 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

29. Autohaus denies the truth of the allegations in Paragraph 4.13 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

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DEFENDANT AUTOHAUS 24, LLC’S ORIGINAL ANSWER 

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BREACH OF EXPRESS WARRANTY AGAINT AUTOHAUS 

30. Autohaus denies the truth of the allegations in Paragraph 4.14 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

31. Autohaus denies the truth of the allegations in Paragraph 4.15 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

32. Autohaus denies the truth of the allegations in Paragraph 4.16 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

33. Autohaus denies the truth of the allegations in Paragraph 4.17 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

34. Autohaus denies the truth of the allegations in Paragraph 4.18 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

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DEFENDANT AUTOHAUS 24, LLC’S ORIGINAL ANSWER 

0032-100395/4920063 PAGE 8 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

BREACH OF IMPLIED WARRANTY OF MERCHANTIBILITY 

AGAINST AUTOHAUS 

35. Autohaus denies the truth of the allegations in Paragraph 4.19 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

36. Autohaus denies the truth of the allegations in Paragraph 4.20 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

37. Autohaus denies the truth of the allegations in Paragraph 4.21 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

38. Autohaus denies the truth of the allegations in Paragraph 4.22 of the Complaint, as 

Autohaus did not design, manufacture, produce, import, distribute, sell, or market the Air Track 

Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has no involvement 

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DEFENDANT AUTOHAUS 24, LLC’S ORIGINAL ANSWER 

0032-100395/4920063 PAGE 9 

in any aspect of the design, manufacture, marketing, or sales of products such as the Air Track 

Mat w/Pump. 

DAMAGES 

39. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 5.1 of the Complaint and therefore must deny same at this time. 

40. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 5.2(a) of the Complaint and therefore must deny same at this time. 

41. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 5.2(b) of the Complaint and therefore must deny same at this time. 

42. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 5.2(c) of the Complaint and therefore must deny same at this time. 

43. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 5.2(d) of the Complaint and therefore must deny same at this time. 

44. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Paragraph 5.2(e) of the Complaint and therefore must deny same at this time. 

PRAYER 

45. Autohaus denies the truth of the allegations in Prayer of the Complaint as to liability 

of Autohaus, as Autohaus did not design, manufacture, produce, import, distribute, sell, or market 

the Air Track Mat w/Pump. Further, the business of Autohaus is auto parts sales. Autohaus has 

no involvement in any aspect of the design, manufacture, marketing, or sales of products such as 

the Air Track Mat w/Pump. Autohaus prays that the Court dismiss Plainitff’s claims against 

Autohaus and award costs and attorneys’ fees to Autohaus. 

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DEFENDANT AUTOHAUS 24, LLC’S ORIGINAL ANSWER 

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46. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Prayer of the Complaint concerning damages and therefore must deny same 

at this time. 

47. Autohaus lacks knowledge or information sufficient to form a belief about the truth 

of the allegations in Prayer of the Complaint as to entitlement to recover interest or court costs 

and therefore must deny same at this time. 

AFFIRMATIVE DEFENSES 

48. Defendant contends that Plaintiff’s claims and causes of action are barred by 

applicable statutes of limitations. 

49. Defendant contends that acts or omissions attributed to Defendant by Plaintiffs 

were not the proximate or producing cause of Plaintiffs’ alleged damages. 

 50. Defendant contends that Plaintiffs’ claims are barred, in whole or in part, by a new 

and independent cause and/or superseding cause which was the proximate cause of Plaintiffs’ 

alleged damages. 

 51. Defendant contends that Plaintiffs’ damages were caused, in whole or in part, by 

other parties over whom Defendant had no control and for which Defendant had no responsibility. 

 WHEREFORE, PREMISES CONSIDERED, Defendant Autohaus 24, LLC prays that the 

Court deny Plaintiffs’ claims for relief, that Defendant be awarded its costs, and for such other 

and further relief to which Plaintiffs may be justly entitled. 

Respectfully submitted, 

WALTERS, BALIDO & CRAIN, L.L.P. 

BY: /s/ S. Todd Parks 

S. TODD PARKS – 15526520 

todd.parks@wbclawfirm.com

RANDY J. HALL – 08769320 

Case 4:23-cv-00704-SDJ Document 8 Filed 09/22/23 Page 10 of 11 PageID #: 34
DEFENDANT AUTOHAUS 24, LLC’S ORIGINAL ANSWER 

0032-100395/4920063 PAGE 11 

randy.hall@wbclawfirm.com

400 East Main Street 

Decatur, Texas 76234 

940-626-8254 

214-204-2101 (Facsimile) 

Service of Documents: 

ParksEDocsNotifications@wbclawfirm.com

COUNSEL FOR DEFENDANT 

AUTOHAUS 24, LLC 

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served upon all 

parties of record on the 22nd day of September 2023 in accordance with the Federal Rules of Civil 

Procedure. 

 

/s/ S. Todd Parks 

S. TODD PARKS 

RANDY J. HALL 

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