Preview
Electronically Filed
5/11/2022 1:44 PM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
CAUSE NO. C-1025-19-D
JESUS DE LA PENA AND ANTONIO § IN THE DISTRICT COURT
ALFARO, Individually §
§
Plaintiffs, §
§
VS. § HIDALGO COUNTY, TEXAS
§
VIOLETA DAVILA §
§
Defendant. § 206th JUDICIAL DISTRICT
PLAINTIFFS’ PROPOSED CHARGE OF THE COURT
MEMBERS OF THE JURY:
After the closing arguments, you will go to the jury room to decide the case, answer the
questions that are attached, and reach a verdict. You may discuss the case with other jurors only
when you are all together in the jury room.
Remember my previous instructions: Do not discuss the case with anyone else, either in
person or by any other means. Do not do any independent investigation about the case or conduct
any research. Do not look up any words in dictionaries or on the Internet. Do not post information
about the case on the Internet. Do not share any special knowledge or experiences with the other
jurors. Do not use your phone or any other electronic device during your deliberations for any
reason. [I will give you a number where others may contact you in case of an emergency.]
[Any notes you have taken are for your own personal use. You may take your notes back
into the jury room and consult them during deliberations, but do not show or read your notes to
your fellow jurors during your deliberations. Your notes are not evidence. Each of you should rely
on your independent recollection of the evidence and not be influenced by the fact that another
juror has or has not taken notes.]
[You must leave your notes with the bailiff when you are not deliberating. The bailiff will
give your notes to me promptly after collecting them from you. I will make sure your notes are
kept in a safe, secure location and not disclosed to anyone. After you complete your deliberations,
the bailiff will collect your notes. When you are released from jury duty, the bailiff will promptly
destroy your notes so that nobody can read what you wrote.]
Here are the instructions for answering the questions.
1. Do not let bias, prejudice, or sympathy play any part in your decision.
2. Base your answers only on the evidence admitted in court and on the law that is in these
instructions and questions. Do not consider or discuss any evidence that was not admitted
in the courtroom.
3. You are to make up your own minds about the facts. You are the sole judges of the
Electronically Filed
5/11/2022 1:44 PM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
credibility of the witnesses and the weight to give their testimony. But on matters of law,
you must follow all of my instructions.
4. If my instructions use a word in a way that is different from its ordinary meaning, use the
meaning I give you, which will be a proper legal definition.
5. All the questions and answers are important. No one should say that any question or answer
is not important.
6. Answer “yes” or “no” to all questions unless you are told otherwise. A “yes” answer must
be based on a preponderance of the evidence. Whenever a question requires an answer
other than “yes” or “no,” your answer must be based on a preponderance of the evidence.
7. The term “preponderance of the evidence” means the greater weight of credible evidence
presented in this case. If you do not find that a preponderance of the evidence supports a
“yes” answer, then answer “no.” A preponderance of the evidence is not measured by the
number of witnesses or by the number of documents admitted in evidence. For a fact to be
proved by a preponderance of the evidence, you must find that the fact is more likely true
than not true.
8. A fact may be established by direct evidence or by circumstantial evidence or both. A
fact is established by direct evidence when proved by documentary evidence or by
witnesses who saw the act done or heard the words spoken. A fact is established by
circumstantial evidence when it may be fairly and reasonably inferred from other facts
proved.
9. Do not decide who you think should win before you answer the questions and then just
answer the questions to match your decision. Answer each question carefully without
considering who will win. Do not discuss or consider the effect your answers will have.
10. Do not answer questions by drawing straws or by any method of chance.
11. Some questions might ask you for a dollar amount. Do not agree in advance to decide on a
dollar amount by adding up each juror’s amount and then figuring the average.
12. Do not trade your answers. For example, do not say, “I will answer this question your way
if you answer another question my way.”
13. The answers to the questions must be based on the decision of at least ten of the twelve
jurors. The same ten jurors must agree on every answer. Do not agree to be bound by a vote
of anything less than ten jurors, even if it would be a majority.
14. As I have said before if you do not follow these instructions, you will be guilty of juror
misconduct, and I might have to order a new trial and start this process over again. This
would waste your time and the parties’ money and would require the taxpayers of this
county to pay for another trial. If a juror breaks any of these rules, tell that person to stop
and report it to me immediately.
15. “Negligence,” when used with respect to the conduct of Jesus De La Pena and Violeta
Davis, means failure to use ordinary care, that is, failing to do that which a person of
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Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Nancy Delgado
ordinary prudence would have done under the same or similar circumstances or doing
that which a person of ordinary prudence would not have done under the same or similar
circumstances.
16. “Ordinary care” means that degree of care that would be used by a person of ordinary
prudence under the same or similar circumstances.
17. “Proximate cause” means a cause that was a substantial factor in bringing about an event,
and without which cause such event would not have occurred. In order to be a proximate
cause, the act or omission complained of must be such that a person using ordinary care
would have foreseen that the event, or some similar event, might reasonably result
therefrom. There may be more than one proximate cause of an event, but if an act or
omission of any person not a party to the suit was the “sole proximate cause” of an
occurrence, then no act or omission of any party could have been a proximate cause.
After you retire to the jury room, you will select your own presiding juror. The first thing
the presiding juror will do is to have this complete charge read aloud and then you will deliberate
upon your answers to the questions asked.
It is the duty of the presiding juror—
1. to preside during your deliberations,
2. to see that your deliberations are conducted in an orderly manner and in
accordance with the instructions in this charge,
3. to write out and hand to the bailiff any communications concerning the
case that you desire to have delivered to the judge,
4. to vote on the questions,
5. to write your answers to the questions in the spaces provided, and
6. to certify to your verdict in the space provided for the presiding juror’s
signature or to obtain the signatures of all the jurors who agree with the
verdict if your verdict is less than unanimous.
You should not discuss the case with anyone, not even with other members of the jury,
unless all of you are present and assembled in the jury room. Should anyone attempt to talk to
you about the case before the verdict is returned, whether at the courthouse, at your home, or
elsewhere, please inform the judge of this fact.
When you have answered all the questions you are required to answer under the
instructions of the judge and your presiding juror has placed your answers in the spaces provided
and signed the verdict as presiding juror or obtained the signatures, you will inform the bailiff at
the door of the jury room that you have reached a verdict, and then you will return into court
with your verdict.
______________________________________
JUDGE PRESIDING
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Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Nancy Delgado
QUESTION 1
Did the negligence, if any, of those named below proximately cause the occurrence in question?
Answer “Yes” or “No” for each of the following:
a. Jesus De La Pena __________________
c. Violeta Davis __________________
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Hidalgo County District Clerks
Reviewed By: Nancy Delgado
If you answered “Yes” to Question 1 for more than one of those named below, then
answer the following question. Otherwise, do not answer the following question.
Assign percentages of responsibility only to those you found caused or contributed to
cause the occurrence. The percentages you find must total 100 percent. The percentages must be
expressed in whole numbers. The percentage of responsibility attributable to anyone is not
necessarily measured by the number of acts or omissions found. The percentage attributable to
anyone need not be the same percentage attributed to that one in answering another question.
QUESTION 2
With respect to causing or contributing to cause in any way the occurrence, find the
percentage of responsibility, if any, attributable as between or among—
a. Jesus De La Pena __________________
c. Violeta Davis __________________
Total 100 %
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Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Nancy Delgado
Answer Question 3 if you answered “Yes” for Violeta Davis to Question 1 and answered:
1. “No” for Jesus De La Pena to Question 1, or
2. 50 percent or less for Jesus De La Pena to Question 2.
Otherwise, do not answer Question 3.
QUESTION 3
What sum of money, if paid now in cash, would fairly and reasonably compensate Jesus
De La Pena and Antonio Alfaro for their injuries, if any, that resulted from the occurrence in
question?
Consider the elements of damages listed below and none other. Consider each element
separately. Do not award any sum of money on any element if you have otherwise, under some
other element, awarded a sum of money for the same loss. That is, do not compensate twice for
the same loss, if any. Do not include interest on any amount of damages you find.
Do not include any amount for any condition existing before the occurrence in question,
except to the extent, if any, that such other condition was aggravated by any injuries that resulted
from the occurrence in question.
Answer separately, in dollars and cents, for damages, if any. Do not reduce the amounts,
if any, in your answers because of the negligence, if any, of Jesus De La Pena and Antonio
Alfaro. Any recovery will be determined by the court when it applies the law to your answers at
the time of judgment.
1. Physical pain and mental anguish sustained in the past by Jesus De La
Pena.
Answer: _______________
2. Physical pain and mental anguish that, in reasonable probability, Jesus De
La Pena will sustain in the future.
Answer: _______________
3. Physical impairment sustained in the past by Jesus De La Pena.
Answer: _______________
4. Physical impairment that, in reasonable probability, Jesus De La Pena will
sustain in the future.
Answer: _______________
5. Medical care expenses incurred in the past by Jesus De La Pena.
Answer: _______________
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Electronically Filed
5/11/2022 1:44 PM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
6. Medical care expenses that, in reasonable probability, Jesus De La Pena
will incur in the future.
Answer: _______________
7. Physical pain and mental anguish sustained in the past by Antonio Alfaro.
Answer: _______________
8. Physical pain and mental anguish that, in reasonable probability, Antonio
Alfaro will sustain in the future.
Answer: _______________
9. Physical impairment sustained in the past by Antonio Alfaro.
Answer: _______________
10. Physical impairment that, in reasonable probability, Antonio Alfaro will
sustain in the future.
Answer: _______________
11. Medical care expenses incurred in the past by Antonio Alfaro.
Answer: _______________
12. Medical care expenses that, in reasonable probability, Antonio Alfaro will
incur in the future.
Answer: _______________
7
Electronically Filed
5/11/2022 1:44 PM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
Presiding Juror:
1. When you go into the jury room to answer the questions, the first thing you
will need to do is choose a presiding juror.
2. The presiding juror has these duties:
a. have the complete charge read aloud if it will be helpful to your
deliberations;
b. preside over your deliberations, meaning manage the discussions, and
see that you follow these instructions;
c. give written questions or comments to the bailiff who will give them
to the judge;
d. write down the answers you agree on;
e. get the signatures for the verdict certificate; and
f. notify the bailiff that you have reached a verdict.
Do you understand the duties of the presiding juror? If you do not, please tell me now.
Instructions for Signing the Verdict Certificate:
1. You may answer the questions on a vote of ten jurors. The same ten jurors
must agree on every answer in the charge. This means you may not have one group of ten
jurors agree on one answer and a different group of ten jurors agree on another answer.
2. If ten jurors agree on every answer, those ten jurors sign the verdict.
If eleven jurors agree on every answer, those eleven jurors sign the verdict.
If all twelve of you agree on every answer, you are unanimous and only the
presiding juror signs the verdict.
3. All jurors should deliberate on every question. You may end up with all
twelve of you agreeing on some answers, while only ten or eleven of you agree on other
answers. But when you sign the verdict, only those ten who agree on every answer will
sign the verdict.
Do you understand these instructions? If you do not, please tell me now.
____________________________________
JUDGE PRESIDING
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Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Nancy Delgado
Verdict Certificate
Check one:
_____ Our verdict is unanimous. All twelve of us have agreed to each and every answer.
The presiding juror has signed the certificate for all twelve of us.
_________________________________ __________________________________
Signature of Presiding Juror Printed Name of Presiding Juror
_____ Our verdict is not unanimous. Eleven of us have agreed to each and every answer and
have signed the certificate below.
_____ Our verdict is not unanimous. Ten of us have agreed to each and every answer and have
signed the certificate below.
Signature Name Printed
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
9
Electronically Filed
5/11/2022 1:44 PM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
Respectfully submitted,
THE NIELSEN LAW FIRM, P.C.
/s/ Lauren Roberts
Eric D. Nielsen
State Bar No. 15021625
Lauren Roberts
State Bar No. 24113720
9800 Northwest Freeway, Suite 314
Houston, Texas 77092
Telephone: (713) 524-4800
Facsimile: (888) 597-9443
Email: service@nielsentriallaw.com
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument was served upon
all counsel of record pursuant to Rule 21a of the Texas Rules of Civil Procedure on the 11th day
of May 2022.
/s/ Lauren Roberts
Lauren Roberts
10
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Rashida Ahmad on behalf of Lauren Roberts
Bar No. 24113720
rashida@nielsentriallaw.com
Envelope ID: 64420825
Status as of 5/12/2022 8:10 AM CST
Associated Case Party: Jesus De La Pena
Name BarNumber Email TimestampSubmitted Status
Rashida Ahmad rashida@nielsentriallaw.com 5/11/2022 4:55:44 PM SENT
Lauren Roberts Lauren@nielsentriallaw.com 5/11/2022 4:55:44 PM SENT
Associated Case Party: Violeta Davila
Name BarNumber Email TimestampSubmitted Status
Sonia Salinas Cerda sonia.salinascerda@allstate.com 5/11/2022 4:55:44 PM SENT
Sonia Salinas Cerda mcallenlegal@allstate.com 5/11/2022 4:55:44 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jesus Hernandez mcallenlegal@allstate.com 5/11/2022 4:55:44 PM SENT
ERIC NIELSEN ERIC@NIELSENTRIALLAW.COM 5/11/2022 4:55:44 PM SENT
ERIC NIELSEN service@nielsentriallaw.com 5/11/2022 4:55:44 PM SENT
Preview
Electronically Filed 5/11/2022 1:44 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado CAUSE NO. C-1025-19-D JESUS DE LA PENA AND ANTONIO § IN THE DISTRICT COURT ALFARO, Individually § § Plaintiffs, § § VS. § HIDALGO COUNTY, TEXAS § VIOLETA DAVILA § § Defendant. § 206th JUDICIAL DISTRICT PLAINTIFFS’ PROPOSED CHARGE OF THE COURT MEMBERS OF THE JURY: After the closing arguments, you will go to the jury room to decide the case, answer the questions that are attached, and reach a verdict. You may discuss the case with other jurors only when you are all together in the jury room. Remember my previous instructions: Do not discuss the case with anyone else, either in person or by any other means. Do not do any independent investigation about the case or conduct any research. Do not look up any words in dictionaries or on the Internet. Do not post information about the case on the Internet. Do not share any special knowledge or experiences with the other jurors. Do not use your phone or any other electronic device during your deliberations for any reason. [I will give you a number where others may contact you in case of an emergency.] [Any notes you have taken are for your own personal use. You may take your notes back into the jury room and consult them during deliberations, but do not show or read your notes to your fellow jurors during your deliberations. Your notes are not evidence. Each of you should rely on your independent recollection of the evidence and not be influenced by the fact that another juror has or has not taken notes.] [You must leave your notes with the bailiff when you are not deliberating. The bailiff will give your notes to me promptly after collecting them from you. I will make sure your notes are kept in a safe, secure location and not disclosed to anyone. After you complete your deliberations, the bailiff will collect your notes. When you are released from jury duty, the bailiff will promptly destroy your notes so that nobody can read what you wrote.] Here are the instructions for answering the questions. 1. Do not let bias, prejudice, or sympathy play any part in your decision. 2. Base your answers only on the evidence admitted in court and on the law that is in these instructions and questions. Do not consider or discuss any evidence that was not admitted in the courtroom. 3. You are to make up your own minds about the facts. You are the sole judges of the Electronically Filed 5/11/2022 1:44 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado credibility of the witnesses and the weight to give their testimony. But on matters of law, you must follow all of my instructions. 4. If my instructions use a word in a way that is different from its ordinary meaning, use the meaning I give you, which will be a proper legal definition. 5. All the questions and answers are important. No one should say that any question or answer is not important. 6. Answer “yes” or “no” to all questions unless you are told otherwise. A “yes” answer must be based on a preponderance of the evidence. Whenever a question requires an answer other than “yes” or “no,” your answer must be based on a preponderance of the evidence. 7. The term “preponderance of the evidence” means the greater weight of credible evidence presented in this case. If you do not find that a preponderance of the evidence supports a “yes” answer, then answer “no.” A preponderance of the evidence is not measured by the number of witnesses or by the number of documents admitted in evidence. For a fact to be proved by a preponderance of the evidence, you must find that the fact is more likely true than not true. 8. A fact may be established by direct evidence or by circumstantial evidence or both. A fact is established by direct evidence when proved by documentary evidence or by witnesses who saw the act done or heard the words spoken. A fact is established by circumstantial evidence when it may be fairly and reasonably inferred from other facts proved. 9. Do not decide who you think should win before you answer the questions and then just answer the questions to match your decision. Answer each question carefully without considering who will win. Do not discuss or consider the effect your answers will have. 10. Do not answer questions by drawing straws or by any method of chance. 11. Some questions might ask you for a dollar amount. Do not agree in advance to decide on a dollar amount by adding up each juror’s amount and then figuring the average. 12. Do not trade your answers. For example, do not say, “I will answer this question your way if you answer another question my way.” 13. The answers to the questions must be based on the decision of at least ten of the twelve jurors. The same ten jurors must agree on every answer. Do not agree to be bound by a vote of anything less than ten jurors, even if it would be a majority. 14. As I have said before if you do not follow these instructions, you will be guilty of juror misconduct, and I might have to order a new trial and start this process over again. This would waste your time and the parties’ money and would require the taxpayers of this county to pay for another trial. If a juror breaks any of these rules, tell that person to stop and report it to me immediately. 15. “Negligence,” when used with respect to the conduct of Jesus De La Pena and Violeta Davis, means failure to use ordinary care, that is, failing to do that which a person of 2 Electronically Filed 5/11/2022 1:44 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances. 16. “Ordinary care” means that degree of care that would be used by a person of ordinary prudence under the same or similar circumstances. 17. “Proximate cause” means a cause that was a substantial factor in bringing about an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event, but if an act or omission of any person not a party to the suit was the “sole proximate cause” of an occurrence, then no act or omission of any party could have been a proximate cause. After you retire to the jury room, you will select your own presiding juror. The first thing the presiding juror will do is to have this complete charge read aloud and then you will deliberate upon your answers to the questions asked. It is the duty of the presiding juror— 1. to preside during your deliberations, 2. to see that your deliberations are conducted in an orderly manner and in accordance with the instructions in this charge, 3. to write out and hand to the bailiff any communications concerning the case that you desire to have delivered to the judge, 4. to vote on the questions, 5. to write your answers to the questions in the spaces provided, and 6. to certify to your verdict in the space provided for the presiding juror’s signature or to obtain the signatures of all the jurors who agree with the verdict if your verdict is less than unanimous. You should not discuss the case with anyone, not even with other members of the jury, unless all of you are present and assembled in the jury room. Should anyone attempt to talk to you about the case before the verdict is returned, whether at the courthouse, at your home, or elsewhere, please inform the judge of this fact. When you have answered all the questions you are required to answer under the instructions of the judge and your presiding juror has placed your answers in the spaces provided and signed the verdict as presiding juror or obtained the signatures, you will inform the bailiff at the door of the jury room that you have reached a verdict, and then you will return into court with your verdict. ______________________________________ JUDGE PRESIDING 3 Electronically Filed 5/11/2022 1:44 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado QUESTION 1 Did the negligence, if any, of those named below proximately cause the occurrence in question? Answer “Yes” or “No” for each of the following: a. Jesus De La Pena __________________ c. Violeta Davis __________________ 4 Electronically Filed 5/11/2022 1:44 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado If you answered “Yes” to Question 1 for more than one of those named below, then answer the following question. Otherwise, do not answer the following question. Assign percentages of responsibility only to those you found caused or contributed to cause the occurrence. The percentages you find must total 100 percent. The percentages must be expressed in whole numbers. The percentage of responsibility attributable to anyone is not necessarily measured by the number of acts or omissions found. The percentage attributable to anyone need not be the same percentage attributed to that one in answering another question. QUESTION 2 With respect to causing or contributing to cause in any way the occurrence, find the percentage of responsibility, if any, attributable as between or among— a. Jesus De La Pena __________________ c. Violeta Davis __________________ Total 100 % 5 Electronically Filed 5/11/2022 1:44 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado Answer Question 3 if you answered “Yes” for Violeta Davis to Question 1 and answered: 1. “No” for Jesus De La Pena to Question 1, or 2. 50 percent or less for Jesus De La Pena to Question 2. Otherwise, do not answer Question 3. QUESTION 3 What sum of money, if paid now in cash, would fairly and reasonably compensate Jesus De La Pena and Antonio Alfaro for their injuries, if any, that resulted from the occurrence in question? Consider the elements of damages listed below and none other. Consider each element separately. Do not award any sum of money on any element if you have otherwise, under some other element, awarded a sum of money for the same loss. That is, do not compensate twice for the same loss, if any. Do not include interest on any amount of damages you find. Do not include any amount for any condition existing before the occurrence in question, except to the extent, if any, that such other condition was aggravated by any injuries that resulted from the occurrence in question. Answer separately, in dollars and cents, for damages, if any. Do not reduce the amounts, if any, in your answers because of the negligence, if any, of Jesus De La Pena and Antonio Alfaro. Any recovery will be determined by the court when it applies the law to your answers at the time of judgment. 1. Physical pain and mental anguish sustained in the past by Jesus De La Pena. Answer: _______________ 2. Physical pain and mental anguish that, in reasonable probability, Jesus De La Pena will sustain in the future. Answer: _______________ 3. Physical impairment sustained in the past by Jesus De La Pena. Answer: _______________ 4. Physical impairment that, in reasonable probability, Jesus De La Pena will sustain in the future. Answer: _______________ 5. Medical care expenses incurred in the past by Jesus De La Pena. Answer: _______________ 6 Electronically Filed 5/11/2022 1:44 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado 6. Medical care expenses that, in reasonable probability, Jesus De La Pena will incur in the future. Answer: _______________ 7. Physical pain and mental anguish sustained in the past by Antonio Alfaro. Answer: _______________ 8. Physical pain and mental anguish that, in reasonable probability, Antonio Alfaro will sustain in the future. Answer: _______________ 9. Physical impairment sustained in the past by Antonio Alfaro. Answer: _______________ 10. Physical impairment that, in reasonable probability, Antonio Alfaro will sustain in the future. Answer: _______________ 11. Medical care expenses incurred in the past by Antonio Alfaro. Answer: _______________ 12. Medical care expenses that, in reasonable probability, Antonio Alfaro will incur in the future. Answer: _______________ 7 Electronically Filed 5/11/2022 1:44 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado Presiding Juror: 1. When you go into the jury room to answer the questions, the first thing you will need to do is choose a presiding juror. 2. The presiding juror has these duties: a. have the complete charge read aloud if it will be helpful to your deliberations; b. preside over your deliberations, meaning manage the discussions, and see that you follow these instructions; c. give written questions or comments to the bailiff who will give them to the judge; d. write down the answers you agree on; e. get the signatures for the verdict certificate; and f. notify the bailiff that you have reached a verdict. Do you understand the duties of the presiding juror? If you do not, please tell me now. Instructions for Signing the Verdict Certificate: 1. You may answer the questions on a vote of ten jurors. The same ten jurors must agree on every answer in the charge. This means you may not have one group of ten jurors agree on one answer and a different group of ten jurors agree on another answer. 2. If ten jurors agree on every answer, those ten jurors sign the verdict. If eleven jurors agree on every answer, those eleven jurors sign the verdict. If all twelve of you agree on every answer, you are unanimous and only the presiding juror signs the verdict. 3. All jurors should deliberate on every question. You may end up with all twelve of you agreeing on some answers, while only ten or eleven of you agree on other answers. But when you sign the verdict, only those ten who agree on every answer will sign the verdict. Do you understand these instructions? If you do not, please tell me now. ____________________________________ JUDGE PRESIDING 8 Electronically Filed 5/11/2022 1:44 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado Verdict Certificate Check one: _____ Our verdict is unanimous. All twelve of us have agreed to each and every answer. The presiding juror has signed the certificate for all twelve of us. _________________________________ __________________________________ Signature of Presiding Juror Printed Name of Presiding Juror _____ Our verdict is not unanimous. Eleven of us have agreed to each and every answer and have signed the certificate below. _____ Our verdict is not unanimous. Ten of us have agreed to each and every answer and have signed the certificate below. Signature Name Printed 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 9 Electronically Filed 5/11/2022 1:44 PM Hidalgo County District Clerks Reviewed By: Nancy Delgado Respectfully submitted, THE NIELSEN LAW FIRM, P.C. /s/ Lauren Roberts Eric D. Nielsen State Bar No. 15021625 Lauren Roberts State Bar No. 24113720 9800 Northwest Freeway, Suite 314 Houston, Texas 77092 Telephone: (713) 524-4800 Facsimile: (888) 597-9443 Email: service@nielsentriallaw.com ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument was served upon all counsel of record pursuant to Rule 21a of the Texas Rules of Civil Procedure on the 11th day of May 2022. /s/ Lauren Roberts Lauren Roberts 10 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Rashida Ahmad on behalf of Lauren Roberts Bar No. 24113720 rashida@nielsentriallaw.com Envelope ID: 64420825 Status as of 5/12/2022 8:10 AM CST Associated Case Party: Jesus De La Pena Name BarNumber Email TimestampSubmitted Status Rashida Ahmad rashida@nielsentriallaw.com 5/11/2022 4:55:44 PM SENT Lauren Roberts Lauren@nielsentriallaw.com 5/11/2022 4:55:44 PM SENT Associated Case Party: Violeta Davila Name BarNumber Email TimestampSubmitted Status Sonia Salinas Cerda sonia.salinascerda@allstate.com 5/11/2022 4:55:44 PM SENT Sonia Salinas Cerda mcallenlegal@allstate.com 5/11/2022 4:55:44 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Jesus Hernandez mcallenlegal@allstate.com 5/11/2022 4:55:44 PM SENT ERIC NIELSEN ERIC@NIELSENTRIALLAW.COM 5/11/2022 4:55:44 PM SENT ERIC NIELSEN service@nielsentriallaw.com 5/11/2022 4:55:44 PM SENT