On April 22, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
Escamilla, Dora Julia,
and
H.E.B., Inc.,
for Injury or Damage - Other (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
11/13/2023 12:00 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
CAUSE NO. C-1450-22-D
DORA JULIA ESCAMILLA, § IN THE DISTRICT COURT
Plaintiff §
§
v. § 206TH JUDICIAL DISTRICT
§
H.E.B., INC. D/B/A §
H.E.B GROCERY COMPANY AND §
JULIO CESAR BENAVIDES §
Defendant § HIDALGO COUNTY, TEXAS
DEFENDANT H-E-B, L. P’S
MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTY
JULIO CESAR BANAVIDES
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, DEFENDANT, H-E-B, L.P, (hereinafter “H-E-B”) and hereby requests
Leave of this numbered cause, and requests Leave of this Court to designate Defendant JULIO
CESAR BENAVIDES as a responsible Third-Party under the Texas Civil Practice and Remedies
Code and Texas Rules of Civil Procedure on the following grounds:
1. Plaintiff DORA JULIA ESCAMILLA brought this suit alleging she sustained
injuries while she was robbed outside H-E-B.
2. Defendant H-E-B, L.P alleges that the conduct of Defendant JULIO CESAR
Benavides caused the injuries as Defendant JULIO CESAR BENAVIDES was the person that
robbed Plaintiff. See Exhibit 1 – McAllen Police Department Records.
3. In the unlikely event that Defendant H-E-B, is found to have any liability to
Plaintiff, Defendant H-E-B, asserts that Defendant JULIO CESAR BENAVIDES caused or
contributed to cause Plaintiff’s alleged injuries and damages, if any; and, therefore, responsibility
of Defendant JULIO CESAR BENAVIDES should be compared and assessed by the jury as set
{52009} Defendant’s Motion for Leave to Designate Responsible Third-Party Page 1
Electronically Filed
11/13/2023 12:00 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
out in chapter 33 of the Texas Civil Practice and Remedies Code. In addition, and based on the
foregoing, Defendant, in that event, asserts its right to contribution from Defendant JULIO
CESAR BENAVIDES, pursuant to chapter 33 of the Civil and Practice and Remedies Code.
4. Defendant reserves the right to supplement or amend this designation of responsible
third party upon the completion of discovery in this matter.
WHEREAS, PREMISES CONSIDERED, Defendant H-E-B, requests that this Court
grant it leave to designate Defendant JULIO CESAR BENAVIDES as a Responsible Third-Party
and grant such other and further relief to which this Defendant may be justly entitled.
Respectfully submitted,
ROERIG, OLIVEIRA & FISHER, L.L.P.
10225 N. Tenth Street
McAllen, Texas 78504
(956) 393-6300 (Telephone)
(956) 386-1625 (Telefax)
By:/s/ Victor V. Vicinaiz
Victor V. Vicinaiz
State Bar No. 20562300
Attorneys for Defendant
Zuleida Lopez-Habbouche
State Bar No. 24050953
ATTORNEYS FOR DEFENDANT
H.E.B. INC. D/B/A H.E.B. GROCERY
COMPANY
{52009} Defendant’s Motion for Leave to Designate Responsible Third-Party Page 2
Electronically Filed
11/13/2023 12:00 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing
DEFENDANT H-E-B, L. P’S MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE
THIRD-PARTY has been forwarded to all counsel of record on this 10th day of November 2023.
Via Electronic Notice
Oscar Alvarez
OSCAR ALVAREZ
512 W. Expressway 83
McAllen, Texas 78501
oscar@alvarezatty.com
Attorney for Plaintiff
/s/ Victor V. Vicinaiz
Victor V. Vicinaiz
{52009} Defendant’s Motion for Leave to Designate Responsible Third-Party Page 3
Document Filed Date
November 13, 2023
Case Filing Date
April 22, 2022
Category
Injury or Damage - Other (OCA)
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Electronically Filed 11/13/2023 12:00 AM Hidalgo County District Clerks Reviewed By: Faith Martinez CAUSE NO. C-1450-22-D DORA JULIA ESCAMILLA, § IN THE DISTRICT COURT Plaintiff § § v. § 206TH JUDICIAL DISTRICT § H.E.B., INC. D/B/A § H.E.B GROCERY COMPANY AND § JULIO CESAR BENAVIDES § Defendant § HIDALGO COUNTY, TEXAS DEFENDANT H-E-B, L. P’S MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTY JULIO CESAR BANAVIDES TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, DEFENDANT, H-E-B, L.P, (hereinafter “H-E-B”) and hereby requests Leave of this numbered cause, and requests Leave of this Court to designate Defendant JULIO CESAR BENAVIDES as a responsible Third-Party under the Texas Civil Practice and Remedies Code and Texas Rules of Civil Procedure on the following grounds: 1. Plaintiff DORA JULIA ESCAMILLA brought this suit alleging she sustained injuries while she was robbed outside H-E-B. 2. Defendant H-E-B, L.P alleges that the conduct of Defendant JULIO CESAR Benavides caused the injuries as Defendant JULIO CESAR BENAVIDES was the person that robbed Plaintiff. See Exhibit 1 – McAllen Police Department Records. 3. In the unlikely event that Defendant H-E-B, is found to have any liability to Plaintiff, Defendant H-E-B, asserts that Defendant JULIO CESAR BENAVIDES caused or contributed to cause Plaintiff’s alleged injuries and damages, if any; and, therefore, responsibility of Defendant JULIO CESAR BENAVIDES should be compared and assessed by the jury as set {52009} Defendant’s Motion for Leave to Designate Responsible Third-Party Page 1 Electronically Filed 11/13/2023 12:00 AM Hidalgo County District Clerks Reviewed By: Faith Martinez out in chapter 33 of the Texas Civil Practice and Remedies Code. In addition, and based on the foregoing, Defendant, in that event, asserts its right to contribution from Defendant JULIO CESAR BENAVIDES, pursuant to chapter 33 of the Civil and Practice and Remedies Code. 4. Defendant reserves the right to supplement or amend this designation of responsible third party upon the completion of discovery in this matter. WHEREAS, PREMISES CONSIDERED, Defendant H-E-B, requests that this Court grant it leave to designate Defendant JULIO CESAR BENAVIDES as a Responsible Third-Party and grant such other and further relief to which this Defendant may be justly entitled. Respectfully submitted, ROERIG, OLIVEIRA & FISHER, L.L.P. 10225 N. Tenth Street McAllen, Texas 78504 (956) 393-6300 (Telephone) (956) 386-1625 (Telefax) By:/s/ Victor V. Vicinaiz Victor V. Vicinaiz State Bar No. 20562300 Attorneys for Defendant Zuleida Lopez-Habbouche State Bar No. 24050953 ATTORNEYS FOR DEFENDANT H.E.B. INC. D/B/A H.E.B. GROCERY COMPANY {52009} Defendant’s Motion for Leave to Designate Responsible Third-Party Page 2 Electronically Filed 11/13/2023 12:00 AM Hidalgo County District Clerks Reviewed By: Faith Martinez CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing DEFENDANT H-E-B, L. P’S MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD-PARTY has been forwarded to all counsel of record on this 10th day of November 2023. Via Electronic Notice Oscar Alvarez OSCAR ALVAREZ 512 W. Expressway 83 McAllen, Texas 78501 oscar@alvarezatty.com Attorney for Plaintiff /s/ Victor V. Vicinaiz Victor V. Vicinaiz {52009} Defendant’s Motion for Leave to Designate Responsible Third-Party Page 3