On September 20, 2021 a
Party Statement
was filed
involving a dispute between
Rapalo, Delmy,
and
Escobar, Ana Daysi,
Escobar, Noe,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
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FILED
8/18/2022 11:52 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Marissa Gomez DEPUTY
CAUSE NO. DC-21-14009
DELMY RAPALO, IN THE DISTRICT COURT OF
§§§§§§§§
INDIVIDUALLY, AND AS
NEXT FRIEND OF A.A.R., A MINOR
VS. DALLAS COUNTY, TEXAS
ANA DAYSI ESCOBAR AND
NOE ESCOBAR 134TH JUDICIAL DISTRICT
PLAINTIFFS’ SECOND NOTICE OF FILING AF FIDAVITS PURSUANT
RULE 902(10) OF THE TEXAS RULES OF EVIDENCE AND §18.001 ET SEQ.
OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE
TO: Defendants, ANA DAYSI ESCOBAR AND NOE ESCOBAR by and through their attorney
of record, Mark A. Teague, Alexandria K. Carpenter, Selene Dominguez Pena, Molly J.
Kaelin, John W. Breeze, Hillary Luckett Clark, Rhoda D. Holcomb, Blaise S. Wilcott, The
LeCrone Law Firm, PC, Wall Street Plaza, 123 North Crockett Street, Suite 200, Sherman,
Texas 75090.
PLEASE TAKE NOTICE that Plaintiffs have filed these Affidavits with the Court in the
above-referenced cause:
1. Affidavit of Fran Cuzzo, Custodian of Medical Records for City of Dallas (5 pages
of records regarding Ashley Rapalo not attached), pursuant to Rule 902 (10) of the
Texas Rules of Evidence.
Respectfully submitted,
THE NIELSEN LAW FIRM, P.C.
/s/ Elizabeth C. Moran
Eric D. Nielsen (Lead Counsel)
State Bar No. 15021625
Elizabeth C. Moran
State Bar No. 24122167
9800 Northwest Freeway, Suite 314
Houston, Texas 77092
Tel: (713) 524-4800
Fax: (888) 587-9443
service@nielsentriallaw.com
COUNSEL FOR PLAINTIFF
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 this the 18th day of
August 2022.
/s/ Elizabeth C. Moran
Elizabeth C. Moran
Attn: Fax:
AFFIDAVIT OF MEDICAL RECORDS
STATE OF NEW YORK § REQ: 12949297
COUNTY OF WESTCHESTER § AC ID: 1563571
Before me, the undersigned authority, personally appeared Fran Cuzzo, who, being be me
duly sworn, deposed as follows:
My name is Fran Cuzzo, I am of sound mind and capable of making this affidavit.
"I am the custodian of the records of CITY OF DALLAS for the service that CITY OF
DALLAS provided to ASHLEY RAPALO on 10/25/2019.
The attached records are a part of this affidavit."
"Attached hereto are é pages of records from CITY OF DALLAS. These said Q pages of
records are kept by CITY OF DALLAS. In the regular course of business. The information
contained in the records were transmitted to Digitech Computer, LLC. in the regular course
of business by CITY OF DALLAS or an employee or representative of CITY OF DALLAS
who had personal knowledge of the information, act, event, condition, opinion, or
diagnosis, recorded to make the record or transmit information thereof to be included in
such record. The records were made at or near the time or reasonably soon after the time
that the service was provided. The records are the original or an exact duplicate of the
original."
"The service provided was necessary and reasonable at the time and place that the service
was provided.“
Afiant % a -
SWORN TO AND SUBSCRIBED before me on thevday of
, 2022.
Notary Public, State ofNew York
SHARIDA YASSIN
Notary Public, State of New York
Registration No. 01YA631 7868
Qualified in Westchester Coun
Commission Expires June 17, 2023
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.
Daniela Rodriguez on behalf of Elizabeth Moran
Bar No. 24122167
daniela@nielsentriallaw.com
Envelope ID: 67438693
Status as of 8/18/2022 2:45 PM CST
Associated Case Party: DELMY RAPALO
Name BarNumber Email TimestampSubmitted Status
Eric Nielsen eric@nielsentriallaw.com 8/18/2022 2:27:14 PM SENT
Service TNLF service@nielsentriallaw.com 8/18/2022 2:27:14 PM SENT
Elizabeth Moran liz@nielsentriallaw.com 8/18/2022 2:27:14 PM SENT
Daniela Rodriguez daniela@nielsentriallaw.com 8/18/2022 2:27:14 PM SENT
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.
Daniela Rodriguez on behalf of Elizabeth Moran
Bar No. 24122167
daniela@nielsentriallaw.com
Envelope ID: 67438693
Status as of 8/18/2022 2:45 PM CST
Associated Case Party: ANADAYSIESCOBAR
Name BarNumber Email TimestampSubmitted Status
Mark A.Teague eservice@lecronelaw.com 8/18/2022 2:27:14 PM SENT
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.
Daniela Rodriguez on behalf of Elizabeth Moran
Bar No. 24122167
daniela@nielsentriallaw.com
Envelope ID: 67438693
Status as of 8/18/2022 2:45 PM CST
Associated Case Party: NOE ESCOBAR
Name BarNumber Email TimestampSubmitted Status
Mark A.Teague eservice@lecronelaw.com 8/18/2022 2:27:14 PM SENT
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.
Daniela Rodriguez on behalf of Elizabeth Moran
Bar No. 24122167
daniela@nielsentriallaw.com
Envelope ID: 67438693
Status as of 8/18/2022 2:45 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Francine Ly fly@dallascourts.org 8/18/2022 2:27:14 PM SENT
Document Filed Date
August 18, 2022
Case Filing Date
September 20, 2021
Category
OTHER PERSONAL INJURY
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FILED 8/18/2022 11:52 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Marissa Gomez DEPUTY CAUSE NO. DC-21-14009 DELMY RAPALO, IN THE DISTRICT COURT OF §§§§§§§§ INDIVIDUALLY, AND AS NEXT FRIEND OF A.A.R., A MINOR VS. DALLAS COUNTY, TEXAS ANA DAYSI ESCOBAR AND NOE ESCOBAR 134TH JUDICIAL DISTRICT PLAINTIFFS’ SECOND NOTICE OF FILING AF FIDAVITS PURSUANT RULE 902(10) OF THE TEXAS RULES OF EVIDENCE AND §18.001 ET SEQ. OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE TO: Defendants, ANA DAYSI ESCOBAR AND NOE ESCOBAR by and through their attorney of record, Mark A. Teague, Alexandria K. Carpenter, Selene Dominguez Pena, Molly J. Kaelin, John W. Breeze, Hillary Luckett Clark, Rhoda D. Holcomb, Blaise S. Wilcott, The LeCrone Law Firm, PC, Wall Street Plaza, 123 North Crockett Street, Suite 200, Sherman, Texas 75090. PLEASE TAKE NOTICE that Plaintiffs have filed these Affidavits with the Court in the above-referenced cause: 1. Affidavit of Fran Cuzzo, Custodian of Medical Records for City of Dallas (5 pages of records regarding Ashley Rapalo not attached), pursuant to Rule 902 (10) of the Texas Rules of Evidence. Respectfully submitted, THE NIELSEN LAW FIRM, P.C. /s/ Elizabeth C. Moran Eric D. Nielsen (Lead Counsel) State Bar No. 15021625 Elizabeth C. Moran State Bar No. 24122167 9800 Northwest Freeway, Suite 314 Houston, Texas 77092 Tel: (713) 524-4800 Fax: (888) 587-9443 service@nielsentriallaw.com COUNSEL FOR PLAINTIFF 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 this the 18th day of August 2022. /s/ Elizabeth C. Moran Elizabeth C. Moran Attn: Fax: AFFIDAVIT OF MEDICAL RECORDS STATE OF NEW YORK § REQ: 12949297 COUNTY OF WESTCHESTER § AC ID: 1563571 Before me, the undersigned authority, personally appeared Fran Cuzzo, who, being be me duly sworn, deposed as follows: My name is Fran Cuzzo, I am of sound mind and capable of making this affidavit. "I am the custodian of the records of CITY OF DALLAS for the service that CITY OF DALLAS provided to ASHLEY RAPALO on 10/25/2019. The attached records are a part of this affidavit." "Attached hereto are é pages of records from CITY OF DALLAS. These said Q pages of records are kept by CITY OF DALLAS. In the regular course of business. The information contained in the records were transmitted to Digitech Computer, LLC. in the regular course of business by CITY OF DALLAS or an employee or representative of CITY OF DALLAS who had personal knowledge of the information, act, event, condition, opinion, or diagnosis, recorded to make the record or transmit information thereof to be included in such record. The records were made at or near the time or reasonably soon after the time that the service was provided. The records are the original or an exact duplicate of the original." "The service provided was necessary and reasonable at the time and place that the service was provided.“ Afiant % a - SWORN TO AND SUBSCRIBED before me on thevday of , 2022. Notary Public, State ofNew York SHARIDA YASSIN Notary Public, State of New York Registration No. 01YA631 7868 Qualified in Westchester Coun Commission Expires June 17, 2023 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. Daniela Rodriguez on behalf of Elizabeth Moran Bar No. 24122167 daniela@nielsentriallaw.com Envelope ID: 67438693 Status as of 8/18/2022 2:45 PM CST Associated Case Party: DELMY RAPALO Name BarNumber Email TimestampSubmitted Status Eric Nielsen eric@nielsentriallaw.com 8/18/2022 2:27:14 PM SENT Service TNLF service@nielsentriallaw.com 8/18/2022 2:27:14 PM SENT Elizabeth Moran liz@nielsentriallaw.com 8/18/2022 2:27:14 PM SENT Daniela Rodriguez daniela@nielsentriallaw.com 8/18/2022 2:27:14 PM SENT 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. Daniela Rodriguez on behalf of Elizabeth Moran Bar No. 24122167 daniela@nielsentriallaw.com Envelope ID: 67438693 Status as of 8/18/2022 2:45 PM CST Associated Case Party: ANADAYSIESCOBAR Name BarNumber Email TimestampSubmitted Status Mark A.Teague eservice@lecronelaw.com 8/18/2022 2:27:14 PM SENT 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. Daniela Rodriguez on behalf of Elizabeth Moran Bar No. 24122167 daniela@nielsentriallaw.com Envelope ID: 67438693 Status as of 8/18/2022 2:45 PM CST Associated Case Party: NOE ESCOBAR Name BarNumber Email TimestampSubmitted Status Mark A.Teague eservice@lecronelaw.com 8/18/2022 2:27:14 PM SENT 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. Daniela Rodriguez on behalf of Elizabeth Moran Bar No. 24122167 daniela@nielsentriallaw.com Envelope ID: 67438693 Status as of 8/18/2022 2:45 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Francine Ly fly@dallascourts.org 8/18/2022 2:27:14 PM SENT