On October 18, 2021 a
Trial Materials
was filed
involving a dispute between
Dillard, Stevie,
and
Orozco, Viridiana,
Ramirez, Sidronio,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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FILED
11/1/2022 5:25 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
CAROLYN SELLERS DEPUTY
# CAUSE NO. DC-21-15316
STEVIE DILLARD, § IN THE DISTRICT COURT
§
Plaintiff, §
§
VS. § 116th JUDICIAL DISTRICT
§
SIDRONIO RAMIREZ AND §
VIRIDIANA OROZCO, §
Defendants. § DALLAS COUNTY, TEXAS
§
PLAINTIFF’S TRIAL BRIEF REGARDING
NEGLIGENT ENTRUSTMENT AND PROPORTIONATE RESPONSIBILITY AS
PRESENTED IN THE JURY CHARGE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Plaintiff Stevie Dillard and submits this Trial Brief Regarding Negligent
Entrustment and Proportionate Responsibility as Presented on the Jury Charge, and would
respectfully show the Court the following:
I.
BACKGROUND & SUMMARY
The case before this Court stems from a motor-vehicle collision. The manner of the
collision is undisputed. Additionally, itis undisputed that Defendant Sidronio Ramirez was an
unlicensed driver at the time of the collision and that Defendant Orozco was aware of this fact.
Because Defendant Orozco’s liability is simply derivative of Defendant Ramirez’s negligence,
including her name in the liability question (the percentage of causation question) causation would
be improper.
II.
ARGUMENT AND AUTHORITIES
Civil Practice and Remedies Code 33.003(b) states that “the trier of fact, as to each cause
of action asserted, shall determine the percentage of responsibility. . .with respect to each person’s
PLAINTIFF’S TRIAL BRIEF REGARDING NEGLIGENT ENTRUSTMENT AND PROPORTIONATE RESPONSIBILITY
PAGE 1
causing. . .the harm” and specifically that “this section does not allow submission to the jury of a
question regarding conduct by any person without sufiicient evidence to support the submission.”
See Tex. Civ. Prac. & Rem. Code § 33. 003(b). Texas Rule of Civil Procedure 277 states that “In
any cause in which the jury is required to apportion the loss among the parties, the court shall
submit a question or questions inquiring what percentage, if any, of the negligence or causation,
as the case may be, that caused the occurrence or injury in question is attributable to each of the
persons found to have been culpable.” See Tex. R. Civ. P. 277.
Regarding Defendant Orozco’s appearance on the charge, the cause of action of negligent
entrustment is that the owner of a vehicle negligently entrusted a vehicle to another person who
the owner knew or should have known was unlicensed, incompetent, or reckless, and that the
driver’s negligence was the proximate cause of the Plaintiff’s injury. There is no additional
proximate causation or negligence to be apportioned to the entrustor beyond the negligence of the
driver. The entrustor’s portion of fault will simply match that of the driver of her vehicle. As in
Plaintiffs proposed charge, presenting first the driver’s negligence as a threshold question and
then inquiring as to whether entrustor entrusted the vehicle to someone who he knew or should
have known was unlicensed is a method of presenting the charge that mirrors the elements of the
cause of action for negligent entrustment.
To permit a fault percentage to be apportioned to Defendant Orozco would confuse the
jury and misrepresent the nature of negligent entrustment as a cause of action. The jury might
inaccurately come to believe that the entrustor could, due to his negligence, peel away some of the
driver’s negligence in determining fault. This would create a dangerous misunderstanding of the
law in the minds of the jury.
PLAINTIFF’s TRIAL BRLEF REGARDING NEGLIGENT ENTRUSTMENT AND PROPORTIONATE RESPONSIBILITY
PAGE 2
Respectfully submitted,
By:
LUKE SC NER
State Bar No. 24117208
E-Mail: lschaffner@1inklawpc.com
FELIPE B. LINK
State Bar No. 24057968
E-Mail: flink@link1awpc.com
LINK & ASSOCIATES
10440 North Central Expy., Ste. 950
Dallas, Texas 75231
Telephone: (214) 214-3001
Facsimile: (214) 521-5871
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing instrument was served upon all counsel of record
in accordance with the Rules of Civil Procedure on November 1, 2022.
Mflw
UKESSCHAFFNER
Via E—Filing
T. Cass Keramidas
Keramidas Law Firm
801 E. Campbell Road, Suite 625
Richardson, TX 75081
ATTORNEY DEFENDANTS
PLAINTIFF’S TRIAL BRLEF REGARDING NEGLIGENT ENTRUSTMENT AND PROPORTIONATE RESPONSIBILITY
PAGE 3
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.
Link & Associates E-Filing service on behalf of Luke Schaffner
Bar No. 24117208
e-filing@linklawpc.com
Envelope ID: 69781170
Status as of 11/2/2022 9:31 AM CST
Associated Case Party: SIDRONIO RAMIREZ
Name BarNumber Email TimestampSubmitted Status
Cass Keramidas cass@keramidaslaw.com 11/1/2022 5:25:13 PM SENT
Associated Case Party: STEVIE DILLARD
Name BarNumber Email TimestampSubmitted Status
Felipe B.Link flink@|inklawpc.com 11/1/2022 5:25:13 PM SENT
Monica Isaac monica@linklawpc.com 11/1/2022 5:25:13 PM SENT
Sara Link sara@linklawpc.com 11/1/2022 5:25:13 PM SENT
Link & Associates E-Filing service e-filing@linklawpc.com 11/1/2022 5:25:13 PM SENT
Luke Schaffner lschaffner@linklawpc.com 11/1/2022 5:25:13 PM SENT
Andres Beteta andres@linklawpc.com 11/1/2022 5:25:13 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Michael Spears mspears@uaig.net 11/1/2022 5:25:13 PM SENT
Document Filed Date
November 01, 2022
Case Filing Date
October 18, 2021
Category
MOTOR VEHICLE ACCIDENT
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FILED 11/1/2022 5:25 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS CAROLYN SELLERS DEPUTY # CAUSE NO. DC-21-15316 STEVIE DILLARD, § IN THE DISTRICT COURT § Plaintiff, § § VS. § 116th JUDICIAL DISTRICT § SIDRONIO RAMIREZ AND § VIRIDIANA OROZCO, § Defendants. § DALLAS COUNTY, TEXAS § PLAINTIFF’S TRIAL BRIEF REGARDING NEGLIGENT ENTRUSTMENT AND PROPORTIONATE RESPONSIBILITY AS PRESENTED IN THE JURY CHARGE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Plaintiff Stevie Dillard and submits this Trial Brief Regarding Negligent Entrustment and Proportionate Responsibility as Presented on the Jury Charge, and would respectfully show the Court the following: I. BACKGROUND & SUMMARY The case before this Court stems from a motor-vehicle collision. The manner of the collision is undisputed. Additionally, itis undisputed that Defendant Sidronio Ramirez was an unlicensed driver at the time of the collision and that Defendant Orozco was aware of this fact. Because Defendant Orozco’s liability is simply derivative of Defendant Ramirez’s negligence, including her name in the liability question (the percentage of causation question) causation would be improper. II. ARGUMENT AND AUTHORITIES Civil Practice and Remedies Code 33.003(b) states that “the trier of fact, as to each cause of action asserted, shall determine the percentage of responsibility. . .with respect to each person’s PLAINTIFF’S TRIAL BRIEF REGARDING NEGLIGENT ENTRUSTMENT AND PROPORTIONATE RESPONSIBILITY PAGE 1 causing. . .the harm” and specifically that “this section does not allow submission to the jury of a question regarding conduct by any person without sufiicient evidence to support the submission.” See Tex. Civ. Prac. & Rem. Code § 33. 003(b). Texas Rule of Civil Procedure 277 states that “In any cause in which the jury is required to apportion the loss among the parties, the court shall submit a question or questions inquiring what percentage, if any, of the negligence or causation, as the case may be, that caused the occurrence or injury in question is attributable to each of the persons found to have been culpable.” See Tex. R. Civ. P. 277. Regarding Defendant Orozco’s appearance on the charge, the cause of action of negligent entrustment is that the owner of a vehicle negligently entrusted a vehicle to another person who the owner knew or should have known was unlicensed, incompetent, or reckless, and that the driver’s negligence was the proximate cause of the Plaintiff’s injury. There is no additional proximate causation or negligence to be apportioned to the entrustor beyond the negligence of the driver. The entrustor’s portion of fault will simply match that of the driver of her vehicle. As in Plaintiffs proposed charge, presenting first the driver’s negligence as a threshold question and then inquiring as to whether entrustor entrusted the vehicle to someone who he knew or should have known was unlicensed is a method of presenting the charge that mirrors the elements of the cause of action for negligent entrustment. To permit a fault percentage to be apportioned to Defendant Orozco would confuse the jury and misrepresent the nature of negligent entrustment as a cause of action. The jury might inaccurately come to believe that the entrustor could, due to his negligence, peel away some of the driver’s negligence in determining fault. This would create a dangerous misunderstanding of the law in the minds of the jury. PLAINTIFF’s TRIAL BRLEF REGARDING NEGLIGENT ENTRUSTMENT AND PROPORTIONATE RESPONSIBILITY PAGE 2 Respectfully submitted, By: LUKE SC NER State Bar No. 24117208 E-Mail: lschaffner@1inklawpc.com FELIPE B. LINK State Bar No. 24057968 E-Mail: flink@link1awpc.com LINK & ASSOCIATES 10440 North Central Expy., Ste. 950 Dallas, Texas 75231 Telephone: (214) 214-3001 Facsimile: (214) 521-5871 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE A true and correct copy of the foregoing instrument was served upon all counsel of record in accordance with the Rules of Civil Procedure on November 1, 2022. Mflw UKESSCHAFFNER Via E—Filing T. Cass Keramidas Keramidas Law Firm 801 E. Campbell Road, Suite 625 Richardson, TX 75081 ATTORNEY DEFENDANTS PLAINTIFF’S TRIAL BRLEF REGARDING NEGLIGENT ENTRUSTMENT AND PROPORTIONATE RESPONSIBILITY PAGE 3 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. Link & Associates E-Filing service on behalf of Luke Schaffner Bar No. 24117208 e-filing@linklawpc.com Envelope ID: 69781170 Status as of 11/2/2022 9:31 AM CST Associated Case Party: SIDRONIO RAMIREZ Name BarNumber Email TimestampSubmitted Status Cass Keramidas cass@keramidaslaw.com 11/1/2022 5:25:13 PM SENT Associated Case Party: STEVIE DILLARD Name BarNumber Email TimestampSubmitted Status Felipe B.Link flink@|inklawpc.com 11/1/2022 5:25:13 PM SENT Monica Isaac monica@linklawpc.com 11/1/2022 5:25:13 PM SENT Sara Link sara@linklawpc.com 11/1/2022 5:25:13 PM SENT Link & Associates E-Filing service e-filing@linklawpc.com 11/1/2022 5:25:13 PM SENT Luke Schaffner lschaffner@linklawpc.com 11/1/2022 5:25:13 PM SENT Andres Beteta andres@linklawpc.com 11/1/2022 5:25:13 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Michael Spears mspears@uaig.net 11/1/2022 5:25:13 PM SENT