Defendant says wreck was unavoidable

John Suayan, Galveston Bureau Oct. 3, 2011, 3:22pm

GALVESTON - The defendant in a lawsuit claiming she ran over a child has filed an original answer.

Alma Delia Solis-Espinosa submitted her formal response to Luciana Rubio and Felipe Rubio Martinez's allegations before Galveston County Court at Law No. 2 on Sept. 8.

The couple sued Solis-Espinosa on June 20 after she allegedly ran their minor son over on June 21, 2009.

Court papers entered at the time show the boy was crossing the driveway of the mobile home park in the 3620 block of FM 1266 when the incident in question "suddenly, unexpectedly and without warning" occurred.

It further explains that the child's entire body "was pulled under the defendant's vehicle, dragged and ultimately pushed out on the passenger's side near the vehicle's rear wheel/tire."

Solis-Espinosa's answer "affirmatively seeks the protection of any statute and/or law which caps, restricts, limits or modifies the amount of monetary damages which might be awarded against the defendant."

The five-page document additionally contends the plaintiffs' medical expenses exceed the amount actually paid or incurred on their behalf and their claims are "unrelated" to the collision.

Lastly, it insists there was no way the respondent could have avoided the accident.

Welmaker & McAlister is representing Solis-Espinosa.

Cause No. 65,499

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