A state district judge ruled Thursday that defense attorneys cannot delay the trial of a widow’s lawsuit against a San Antonio couple whose dogs killed her husband four months ago.
Attorneys for the dog owners, husband and wife Christian Alexander Moreno and Abilene Schneider Moreno, both 31, unsuccessfully sought to delay the discovery pending the resolution of their felony charges of dog abuse.
But attorneys representing her widow, Juanita “Jannie” Najera, said such a delay could be a hindrance and could deny the 75-year-old Leon Valley woman her right to investigate the facts and pursue timely solutions to her husband’s death.
Air Force veteran Ramon Najera Jr., 81, was killed in a dog attack on Feb. 24 after his animals escaped from his West Side yard. Both the Najeras were injured while trying to visit the house of a friend who lives next door. The dogs.
Juanita Najera is seeking more than $1 million in damages for her husband’s wrongful death, negligence, gross negligence, loss of income, loss of companionship and mental anguish, among other claims.
Regional District Judge Antonia Arteaga In a nearly hour-long court hearing, Najera denied the dog owners’ request to delay discovery.
The dog owners were not present at Thursday’s hearing. There was no one in Najera’s family either.
In the year The lawsuit, filed March 9, targets dog owners, including Christian Moreno’s father, Carlos Moreno, a Castroville resident who lived with his son and daughter-in-law, who own the home in the 2800 block of Depla Street.
All three defendants have denied the charges brought against them in the indictment.
Christian Moreno and Abilene Schneider Moreno were each charged with aggravated dog assault causing death and bodily injury to an elderly person. They are now awaiting trial on those charges, but are free after posting bail.
San Antonio attorney Jonathan Lowe, who is representing the dog owners in the Najera case, argued that fact-finding in the civil case should be stayed until the criminal charges against his clients are resolved. His inquiry indicated that dog owners are advised to request their right to avoid incriminating themselves due to pending criminal cases against them.
“As a result of the pending motion to dismiss, defendants face a choice between waiving this important privilege by impeaching themselves in the criminal charge(s) to defend themselves in a civil case or asserting their Fifth Amendment privilege in this case at the risk of prejudicing their defenses,” Law wrote in the motion.
In Thursday’s court hearing, Law said he and his clients were well aware that criminal charges were coming. While Christian Moreno has a criminal defense attorney, Abilene Schneider says Moreno does not.
“We are in no way trying to minimize the plaintiffs’ damages, losses or suffering in this case,” Law told the judge. But the burden on the accused is very high, especially when they are charged.
The high-profile nature of the case and media attention are contributing to that burden, he added.
Dog owners cannot assert their Fifth Amendment rights after criminal cases are settled, the law says.
Thomas J., representing Juanita Najera. Henry Law Firm attorney Brent Farney said the dog owners’ request to delay discovery in the lawsuit ignores the client’s and her husband’s desire to “quickly” find out all the facts that led to her injuries. Death.
David Avila, who lives in the 2800 block of Depla Street on San Antonio’s west side, stands in front of the home where Air Force veteran Ramon Najera Jr., 81, of Leon Valley, was killed by pit bulls. In the year Feb. 24. Those same dogs also injured Najera’s wife, Juanita “Jannie” Najera, now 75.
Carlos Javier Sanchez / pixelref / contributorHe also said both dog owners had already spoken to police investigators about the incidents and that Abilene Schneider Moreno had given at least one public interview to the media.
“So we have a situation where the defendants want to come out and talk about these incidents,” Farney said, “but they don’t want to participate in discovery in a civil case.”
In court filings, Farney pointed to an unrelated federal ruling that says a court should delay a civil case only if there is evidence of “exceptional circumstances” that would cause the defendants to suffer “substantial and irreparable prejudice.” The dog owners have not met this burden of proof and have only offered a baseless hypothesis.
“In this case, the surviving plaintiff is already 75 years old,” Farney wrote of Juanita Najera. “Defendants’ motion to delay discovery indefinitely would deprive this plaintiff of her fundamental rights to have her day in court, and to direct discovery of all possible parties and acts and omissions that caused her husband’s wrongful death. Her own personal injuries.”
After hearing arguments, Arteaga immediately signed a motion to deny the motion to delay discovery in the lawsuit.
In a separate court filing, insurance giant Allstate filed a June 16 motion in federal court seeking a default judgment against the dog owners, who Christian Moreno and Abilene Schneider Moreno did not respond to the insurance company’s request for disclosure or defend themselves.
Christian Moreno’s father, Carlos Moreno, who owns the home where his son and daughter-in-law live with the dogs, bought a homeowners insurance policy for that property before the Allstate fatal dog attack.
Allstate has asked a federal judge to declare that the Illinois-based insurance company has no duty to defend, indemnify or provide coverage to dog owners for attacks on Najera.
Allstate also argued that it was not obligated to provide coverage for injuries and damages sustained by the Najeras under the homeowner’s policy purchased by Carlos Moreno.