Document 2jQwVdDD3qj2krxOeJZz8OK1R

OTH Eft OFFICES. WASMINGTON. O. C OALLAS AUSTIN 2/15/88 - c: E. D. DeLoughy R. A. Deckert (Kemper - Long Grove) Margaret Marchie (Kemper - Summit) F. S. Provenzano/N.R. Pittlllio BAKER St BOTTS f: ONE SHELL PLAZA 910 LOUISIANA HOUSTON, TEXAS 77002-4995 G. J. Triplett TELEPHONE <7131 229-123* TEL ECO PI ER: 17131 229-1730 TELEX 7S-3779 G-11,738 UNION CARBIDE CORPORATION (Jerlean Clay v. American Motorists insurance Company, Union Carbide Corporation and Foley Provenzano) Cause No. 87-CV-0488 In the 122nd District Court Galveston County, Texas February 8, 1988 ^ i. v^ I v m FEB 15 7988 G* J. TRJFL17 Hon. R. J. Beninati, Jr. District Clerk Galveston County Courthouse 722 21st Street Galveston, Texas 77550 BY MESSENGER Dear Sir: Enclosed for filing please find Defendant American Motorists Insurance Company's Original Answer. By copy of this letter, all attorneys of record are being advised of this filing. Please indicate date of receipt on the enclosed copy of this letter and return same for our files. Thank you very much for your attention to this matter. KLB:522 Enclosure 035KLBBI/179E01 UCC 070951 NO. 87-CV-0488 JERLEAN CLAY V. AMERICAN MOTORISTS INSURANCE COMPANY, UNION CARBIDE CORPORATION and FOLEY PROVENZANO IN THE DISTRICT COURT OF S GALVESTON COUNTY, TEXAS S s s 122ND JUDICIAL DISTRICT DEFENDANT AMERICAN MOTORISTS INSURANCE COMPANY1S ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW American Motorists Insurance Company, defendant in the above-styled and numbered cause, and in answer to plaintiff's petition on file herein would re spectfully show unto the Court the following: I. Defendant generally denies the material allegations of the plaintiff's petition and requests this Honorable Court to require plaintiff to prove all of her allegations by the laws of the State of Texas. II. Defendant further states that the injuries to Clausby Clay did not arise out of the course and scope of employment of Clausby Clay by Union Carbide Corporation. III. Defendant further states that the injuries to Clausby Clay were solely caused by the pre-existing medical condition of Clausby Clay. 03 5KLBBG/179E01 -1- UCC 070952 IV. Your defendant at this time reserves the right to amend its answer to plaintiff's allegations after it has had an opportunity to more closely investigate these claims, as is its right and privilege under the Rules of Civil Procedure and the laws of the State of Texas. WHEREFORE, PREMISES CONSIDERED, defendant prays that upon final trial and hearing hereof it have judgment in accordance with the law and the facts as determined by this Honorable Court and Jury, that it have its costs in this behalf incurred, and for such other and further relief to which it may show itself justly entitled. Respectfully submitted BAKER & BOTTS State Bar No. 03415300 3000 One Shell Plaza Houston, Texas 77002 (713) 229-1171 ATTORNEYS FOR DEFENDANT, UNION CARBIDE CORPORATION and AMERICAN MOTORISTS INSURANCE COMPANY 035KLBBG/179E01 -2- Ucc 070953 CERTIFICATE OF SERVICE ^ I hereby certify that on this 5T day of February, 198jc I mailed, postage prepaid, certified, return receipt requested, a true and correct copy of the above and foregoing pleading to all counsel of record. Ka^j L. Burkhalter 03 5KLBBG/17 9E 01 -3- UCC 070954