Preview
FILED
8/17/2023 7:46 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
CAUSE NO. DC-22-01700
RONDA COBB § IN THE DISTRICT COURT
§
§
Plaintiff, §
§
vs. § DALLAS COUNTY, TEXAS
§
RIVERSIDE CCF/CB PARTNERS, L.P. §
D/B/A THE PARK AT CLIFF CREEK §
APARTMENTS; CESAR CHAVEZ §
FOUNDATION; REYNALDO §
RODRIGUEZ D/B/A RODRIGUEZ; §
PAINTING, §
§
Defendants. § 298TH JUDICIAL DISTRICT
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING,
Defendant in the above-entitled and numbered cause, the Defendant herein, requests this Court
submit the following Charge, Questions, Definitions, and Instructions to the jury upon conclusion
of the case, which are properly raised by the pleadings, the evidence, and the law, as provided by
TEX. R. CIV.P. 277 and 278.
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 1 of 15
Respectfully submitted,
RESNICK & LOUIS, P.C.
By: /s/ Stacy H. Thompson
Stacy H. Thompson
Bar No. 24046971
sthompson@rlattorneys.com
2425 N. Central Expressway, Suite 231
Richardson, TX 75080
(972) 833-2977 – Office/Facsimile
For Service: mail@rlattorneys.com
ATTORNEY FOR DEFENDANT
REYNALDO RODRIGUEZ D/B/A
RODRIGUEZ PAINTING
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been forwarded
to all counsel of record in accordance with the Texas Rules of Civil procedure, on this, the 17th
day of August, 2023.
/s/ Stacy H. Thompson
Stacy H. Thompson
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 2 of 15
INSTRUCTION NO. 1:
MEMBERS OF THE JURY:
You have been chosen to serve on this jury. Because of the oath you have taken and your selection
for the jury, you become officials of this court and active participants in our justice system.
You have each received a set of written instructions. I am going to read them with you now. Some
of them you have heard before and some are new.
1. Turn off all phones and other electronic devices. While you are in the courtroom and while you
are deliberating, do not communicate with anyone through any electronic device. For example, do
not communicate by phone, text message, email message, chat room, blog, or social networking
websites such as Facebook, Twitter, or Myspace. I will give you a number where others may
contact you in case of an emergency. Do not post information about the case on the Internet before
these court proceedings end and you are released from jury duty. Do not record or photograph any
part of these court proceedings, because it is prohibited by law.
2. To avoid looking like you are friendly with one side of the case, do not mingle or talk with the
lawyers, witnesses, parties, or anyone else involved in the case. You may exchange casual
greetings like "hello" and "good morning." Other than that, do not talk with them at all. They have
to follow these instructions too, so you should not be offended when they follow the instructions.
3. Do not accept any favors from the lawyers, witnesses, parties, or anyone else involved in the
case, and do not do any favors for them. This includes favors such as giving rides and food.
4. Do not discuss this case with anyone, even your spouse or a friend, either in person or by any
other means including by phone, text message, email message, chat room, blog, or social
networking websites such as Facebook, Twitter, or Myspace. Do not allow anyone to discuss the
case with you or in your hearing. If anyone tries to discuss the case with you or in your hearing,
tell me immediately. We do not want you to be influenced by something other than the evidence
admitted in court.
5. Do not discuss this case with anyone during the trial, not even with the other jurors, until the
end of the trial. You should not discuss the case with your fellow jurors until the end of the trial
so that you do not form opinions about the case before you have heard everything.
After you have heard all the evidence, received all of my instructions, and heard all of the lawyers'
arguments, you will then go to the jury room to discuss the case with the other jurors and reach a
verdict.
6. Do not investigate this case on your own. For example, do not:
a. try to get information about the case, lawyers, witnesses, or issues from outside this
courtroom;
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 3 of 15
b. go to places mentioned in the case to inspect the places;
c. inspect items mentioned in this case unless they are presented as evidence in court;
d. look anything up in a law book, dictionary, or public record to try to learn more about
the case;
e. look anything up on the Internet to try to learn more about the case; or
f. let anyone else do any of these things for you.
This rule is very important because we want a trial based only on evidence admitted in open court.
Your conclusions about this case must be based only on what you see and hear in this courtroom
because the law does not permit you to base your conclusions on information that has not been
presented to you in open court. All the information must be presented in open court so the parties
and their lawyers can test it and object to it. Information from other sources, like the Internet, will
not go through this important process in the courtroom. In addition, information from other sources
could be completely unreliable. As a result, if you investigate this case on your own, you could
compromise the fairness to all parties in this case and jeopardize the results of this trial.
7. Do not tell other jurors about your own experiences or other people's experiences. For example,
you may have special knowledge of something in the case, such as business, technical, or
professional information. You may even have expert knowledge or opinions, or you may know
what happened in this case or another similar case. Do not tell the other jurors about it. Telling
other jurors about it is wrong because it means the jury will be considering things that were not
admitted in court.
8. Do not consider attorneys' fees unless I tell you to. Do not guess about attorneys' fees.
9. Do not consider or guess whether any party is covered by insurance unless I tell you to.
10. During the trial, if taking notes will help focus your attention on the evidence, you may take
notes using the materials the court has provided. Do not use any personal electronic devices to take
notes. If taking notes will distract your attention from the evidence, you should not take notes.
Your notes are for your own personal use. They are not evidence. Do not show or read your notes
to anyone, including other jurors.
You must leave your notes in the jury room or with the bailiff. The bailiff is instructed not to read
your notes and to 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.
You may take your notes back into the jury room and consult them during deliberations. But keep
in mind that your notes are not evidence. When you deliberate, 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. After you complete your deliberations, the bailiff will collect your notes.
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 4 of 15
When you are released from jury duty, the bailiff will promptly destroy your notes so that nobody
can read what you wrote.
11. I will decide matters of law in this case. It is your duty to listen to and consider the evidence
and to determine fact issues that I may submit to you at the end of the trial. After you have heard
all the evidence, I will give you instructions to follow as you make your decision. The instructions
also will have questions for you to answer. You will not be asked and you should not consider
which side will win. Instead, you will need to answer the specific questions I give you.
Every juror must obey my instructions. If you do not follow these instructions, you will be guilty
of juror misconduct, and I may 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.
Do you understand these instructions? If you do not, please tell me now.
Please keep these instructions and review them as we go through this case. If anyone does not
follow these instructions, tell me.
Authority: PJC 1.2
_____ Given
_____ Not Given
_____ Modified
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 5 of 15
INSTRUCTION NO. 2:
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 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.
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 6 of 15
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.
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.
7. 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.
8. Do not answer questions by drawing straws or by any method of chance.
9. 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.
10. Do not trade your answers. For example, do not say, "I will answer this question your way if
you answer another question my way."
11. The answers to the questions must be based on the decision of at least five of the six jurors.
The same five jurors must agree on every answer. Do not agree to be bound by a vote of anything
less than five jurors, even if it would be a majority.
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.
Authority: PJC1.3B
_____ Given
_____ Not Given
_____ Modified
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 7 of 15
INSTRUCTION NO. 3:
"Negligence" when used with respect to the conduct of Ronda Cobb means failure to use ordinary
care, that is, failing to do that which a person of 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.
"Ordinary care" when used with respect to the conduct of Ronda Cobb means that degree of care
that would be used by a person of ordinary prudence under the same or similar circumstances.
Authority: PJC 2.1
___ Given
___ Not Given
___ Modified
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 8 of 15
INSTRUCTION NO. 4:
"Proximate cause" means a cause that was a substantial factor in bringing about an occurrence or
injury, and without which cause such occurrence or injury 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 occurrence or injury, or some similar occurrence or injury, might
reasonably result therefrom. There may be more than one proximate cause of an occurrence or
injury.
Authority: PJC 65.4
____ Given
____ Not Given
____ Modified
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 9 of 15
QUESTION NO. 1:
Did the negligence, if any, of those named below proximately cause the injury in question?
With respect to the condition of the premises, the Defendant in question was negligent if—
1. The paint on the floor of the bathtub posed an unreasonable risk of harm, and
2. The Defendant in question knew or reasonably should have known of the
danger, and
3. The Defendant in question failed to exercise ordinary care to protect RONDA COBB
from danger, by both failing to adequately warn RONDA COBB of the paint on the
floor of the bathtub and failing to make that condition reasonably safe.
“Ordinary care,” when used with respect to the conduct of the Defendant in question as an
owner or occupier of a premises or a party that created the condition complained of, means that
degree of care that would be used by an owner or occupier or creator of a condition of ordinary
prudence under the same or similar circumstances.
Answer “Yes” or “No” for each of the following:
RONDA COBB __________
RIVERSIDE CCF/CB PARTNERS __________
CESAR CHAVEZ FOUNDATION __________
RODRIGUEZ PAINTING __________
PJC 66.4
____ Given
____ Not Given
____ Modified
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 10 of 15
QUESTION NO. 2:
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 or injury. 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.
For each person you found caused or contributed to cause the occurrence or injury, find the
percentage of responsibility attributable to each:
RONDA COBB __________%
RIVERSIDE CCF/CB PARTNERS __________%
CESAR CHAVEZ FOUNDATION __________%
RODRIGUEZ PAINTING __________%
TOTAL 100 %
Authority: PJC 66.11
____ Given
____ Not Given
____ Modified
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 11 of 15
QUESTION NO. 3:
Answer Question 3 if you answered "Yes" for RIVERSIDE CCF/CB PARTNERS, CESAR
CHAVEZ FOUNDATION, and RODRIGUEZ PAINTING to Question 1 and answered:
1. "No" for Plaintiff to Question 1, or
2. 50 percent or less for Plaintiff to Question 2.
Otherwise, do not answer Question 3.
What sum of money, if paid now in cash, would fairly and reasonably compensate Ronda Cobb
for her 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 that did not result from the occurrence in question.
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 Plaintiff. 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.
Answer: ______________
2. Physical pain and mental anguish that will occur in the future.
Answer: ______________
3. Medical care expenses in the past.
Answer: ______________
4. Medical care expenses to be incurred in the future.
Answer: ______________
5. Disfigurement.
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 12 of 15
Answer: ______________
6. Loss of earnings capacity and earning capacity.
Answer: ______________
Authority: PJC 28.3 and 28.8 and 28.9
____ Given
____ Not Given
____ Modified
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 13 of 15
FINAL INSTRUCTIONS:
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.
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 14 of 15
CERTIFICATE
WE, THE JURY, have answered the above and foregoing special issues as herein indicated,
and herewith return same into court as our verdict.
(To be signed by the presiding juror if unanimous.)
_________________________
PRESIDING JUROR
(To be signed by those rendering the verdict if not unanimous.)
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S
REQUESTED JURY CHARGE Page 15 of 15
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.
Kelley Kessler on behalf of Stacy Thompson
Bar No. 24046971
kkessler@rlattorneys.com
Envelope ID: 78664024
Filing Code Description: Proposed Jury Charge
Filing Description: DEFENDANT REYNALDO RODRIGUEZ D/B/A
RODRIGUEZ PAINTINGS REQUESTED JURY CHARGE
Status as of 8/18/2023 6:43 AM CST
Associated Case Party: RONDA COBB
Name BarNumber Email TimestampSubmitted Status
Walker M. Duke wduke@dukeseth.com 8/17/2023 7:46:50 PM SENT
Maureen Gehring mgehring@dukeseth.com 8/17/2023 7:46:50 PM SENT
GAGANDEEP KSETH gkseth@dukeseth.com 8/17/2023 7:46:50 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Patricia McCulloch pmcculloch@tureklawfirm.com 8/17/2023 7:46:50 PM SENT
Douglas DFletcher sheila.landua@fletcherfarley.com 8/17/2023 7:46:50 PM SENT
Douglas Turek dturek@tureklawfirm.com 8/17/2023 7:46:50 PM SENT
Deborah Stick deborah.stick@fletcherfarley.com 8/17/2023 7:46:50 PM SENT
Julia Sinor julia.sinor@fletcherfarley.com 8/17/2023 7:46:50 PM SENT
Joe J.Harrison joe.harrison@fletcherfarley.com 8/17/2023 7:46:50 PM SENT
Isra DBheda isra.bheda@fletcherfarley.com 8/17/2023 7:46:50 PM SENT
Associated Case Party: REYNALDO RODRIGUEZ
Name BarNumber Email TimestampSubmitted Status
E-Service Resnick & Louis mail@rlattorneys.com 8/17/2023 7:46:50 PM SENT
Kelley Kessler kkessler@rlattorneys.com 8/17/2023 7:46:50 PM SENT
Stacy Thompson sthompson@rlattorneys.com 8/17/2023 7:46:50 PM SENT
Jennifer Ernst jernst@rlattorneys.com 8/17/2023 7:46:50 PM SENT
Preview
FILED 8/17/2023 7:46 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY CAUSE NO. DC-22-01700 RONDA COBB § IN THE DISTRICT COURT § § Plaintiff, § § vs. § DALLAS COUNTY, TEXAS § RIVERSIDE CCF/CB PARTNERS, L.P. § D/B/A THE PARK AT CLIFF CREEK § APARTMENTS; CESAR CHAVEZ § FOUNDATION; REYNALDO § RODRIGUEZ D/B/A RODRIGUEZ; § PAINTING, § § Defendants. § 298TH JUDICIAL DISTRICT DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING, Defendant in the above-entitled and numbered cause, the Defendant herein, requests this Court submit the following Charge, Questions, Definitions, and Instructions to the jury upon conclusion of the case, which are properly raised by the pleadings, the evidence, and the law, as provided by TEX. R. CIV.P. 277 and 278. DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 1 of 15 Respectfully submitted, RESNICK & LOUIS, P.C. By: /s/ Stacy H. Thompson Stacy H. Thompson Bar No. 24046971 sthompson@rlattorneys.com 2425 N. Central Expressway, Suite 231 Richardson, TX 75080 (972) 833-2977 – Office/Facsimile For Service: mail@rlattorneys.com ATTORNEY FOR DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been forwarded to all counsel of record in accordance with the Texas Rules of Civil procedure, on this, the 17th day of August, 2023. /s/ Stacy H. Thompson Stacy H. Thompson DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 2 of 15 INSTRUCTION NO. 1: MEMBERS OF THE JURY: You have been chosen to serve on this jury. Because of the oath you have taken and your selection for the jury, you become officials of this court and active participants in our justice system. You have each received a set of written instructions. I am going to read them with you now. Some of them you have heard before and some are new. 1. Turn off all phones and other electronic devices. While you are in the courtroom and while you are deliberating, do not communicate with anyone through any electronic device. For example, do not communicate by phone, text message, email message, chat room, blog, or social networking websites such as Facebook, Twitter, or Myspace. I will give you a number where others may contact you in case of an emergency. Do not post information about the case on the Internet before these court proceedings end and you are released from jury duty. Do not record or photograph any part of these court proceedings, because it is prohibited by law. 2. To avoid looking like you are friendly with one side of the case, do not mingle or talk with the lawyers, witnesses, parties, or anyone else involved in the case. You may exchange casual greetings like "hello" and "good morning." Other than that, do not talk with them at all. They have to follow these instructions too, so you should not be offended when they follow the instructions. 3. Do not accept any favors from the lawyers, witnesses, parties, or anyone else involved in the case, and do not do any favors for them. This includes favors such as giving rides and food. 4. Do not discuss this case with anyone, even your spouse or a friend, either in person or by any other means including by phone, text message, email message, chat room, blog, or social networking websites such as Facebook, Twitter, or Myspace. Do not allow anyone to discuss the case with you or in your hearing. If anyone tries to discuss the case with you or in your hearing, tell me immediately. We do not want you to be influenced by something other than the evidence admitted in court. 5. Do not discuss this case with anyone during the trial, not even with the other jurors, until the end of the trial. You should not discuss the case with your fellow jurors until the end of the trial so that you do not form opinions about the case before you have heard everything. After you have heard all the evidence, received all of my instructions, and heard all of the lawyers' arguments, you will then go to the jury room to discuss the case with the other jurors and reach a verdict. 6. Do not investigate this case on your own. For example, do not: a. try to get information about the case, lawyers, witnesses, or issues from outside this courtroom; DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 3 of 15 b. go to places mentioned in the case to inspect the places; c. inspect items mentioned in this case unless they are presented as evidence in court; d. look anything up in a law book, dictionary, or public record to try to learn more about the case; e. look anything up on the Internet to try to learn more about the case; or f. let anyone else do any of these things for you. This rule is very important because we want a trial based only on evidence admitted in open court. Your conclusions about this case must be based only on what you see and hear in this courtroom because the law does not permit you to base your conclusions on information that has not been presented to you in open court. All the information must be presented in open court so the parties and their lawyers can test it and object to it. Information from other sources, like the Internet, will not go through this important process in the courtroom. In addition, information from other sources could be completely unreliable. As a result, if you investigate this case on your own, you could compromise the fairness to all parties in this case and jeopardize the results of this trial. 7. Do not tell other jurors about your own experiences or other people's experiences. For example, you may have special knowledge of something in the case, such as business, technical, or professional information. You may even have expert knowledge or opinions, or you may know what happened in this case or another similar case. Do not tell the other jurors about it. Telling other jurors about it is wrong because it means the jury will be considering things that were not admitted in court. 8. Do not consider attorneys' fees unless I tell you to. Do not guess about attorneys' fees. 9. Do not consider or guess whether any party is covered by insurance unless I tell you to. 10. During the trial, if taking notes will help focus your attention on the evidence, you may take notes using the materials the court has provided. Do not use any personal electronic devices to take notes. If taking notes will distract your attention from the evidence, you should not take notes. Your notes are for your own personal use. They are not evidence. Do not show or read your notes to anyone, including other jurors. You must leave your notes in the jury room or with the bailiff. The bailiff is instructed not to read your notes and to 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. You may take your notes back into the jury room and consult them during deliberations. But keep in mind that your notes are not evidence. When you deliberate, 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. After you complete your deliberations, the bailiff will collect your notes. DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 4 of 15 When you are released from jury duty, the bailiff will promptly destroy your notes so that nobody can read what you wrote. 11. I will decide matters of law in this case. It is your duty to listen to and consider the evidence and to determine fact issues that I may submit to you at the end of the trial. After you have heard all the evidence, I will give you instructions to follow as you make your decision. The instructions also will have questions for you to answer. You will not be asked and you should not consider which side will win. Instead, you will need to answer the specific questions I give you. Every juror must obey my instructions. If you do not follow these instructions, you will be guilty of juror misconduct, and I may 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. Do you understand these instructions? If you do not, please tell me now. Please keep these instructions and review them as we go through this case. If anyone does not follow these instructions, tell me. Authority: PJC 1.2 _____ Given _____ Not Given _____ Modified DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 5 of 15 INSTRUCTION NO. 2: 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 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. DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 6 of 15 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. 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. 7. 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. 8. Do not answer questions by drawing straws or by any method of chance. 9. 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. 10. Do not trade your answers. For example, do not say, "I will answer this question your way if you answer another question my way." 11. The answers to the questions must be based on the decision of at least five of the six jurors. The same five jurors must agree on every answer. Do not agree to be bound by a vote of anything less than five jurors, even if it would be a majority. 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. Authority: PJC1.3B _____ Given _____ Not Given _____ Modified DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 7 of 15 INSTRUCTION NO. 3: "Negligence" when used with respect to the conduct of Ronda Cobb means failure to use ordinary care, that is, failing to do that which a person of 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. "Ordinary care" when used with respect to the conduct of Ronda Cobb means that degree of care that would be used by a person of ordinary prudence under the same or similar circumstances. Authority: PJC 2.1 ___ Given ___ Not Given ___ Modified DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 8 of 15 INSTRUCTION NO. 4: "Proximate cause" means a cause that was a substantial factor in bringing about an occurrence or injury, and without which cause such occurrence or injury 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 occurrence or injury, or some similar occurrence or injury, might reasonably result therefrom. There may be more than one proximate cause of an occurrence or injury. Authority: PJC 65.4 ____ Given ____ Not Given ____ Modified DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 9 of 15 QUESTION NO. 1: Did the negligence, if any, of those named below proximately cause the injury in question? With respect to the condition of the premises, the Defendant in question was negligent if— 1. The paint on the floor of the bathtub posed an unreasonable risk of harm, and 2. The Defendant in question knew or reasonably should have known of the danger, and 3. The Defendant in question failed to exercise ordinary care to protect RONDA COBB from danger, by both failing to adequately warn RONDA COBB of the paint on the floor of the bathtub and failing to make that condition reasonably safe. “Ordinary care,” when used with respect to the conduct of the Defendant in question as an owner or occupier of a premises or a party that created the condition complained of, means that degree of care that would be used by an owner or occupier or creator of a condition of ordinary prudence under the same or similar circumstances. Answer “Yes” or “No” for each of the following: RONDA COBB __________ RIVERSIDE CCF/CB PARTNERS __________ CESAR CHAVEZ FOUNDATION __________ RODRIGUEZ PAINTING __________ PJC 66.4 ____ Given ____ Not Given ____ Modified DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 10 of 15 QUESTION NO. 2: 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 or injury. 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. For each person you found caused or contributed to cause the occurrence or injury, find the percentage of responsibility attributable to each: RONDA COBB __________% RIVERSIDE CCF/CB PARTNERS __________% CESAR CHAVEZ FOUNDATION __________% RODRIGUEZ PAINTING __________% TOTAL 100 % Authority: PJC 66.11 ____ Given ____ Not Given ____ Modified DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 11 of 15 QUESTION NO. 3: Answer Question 3 if you answered "Yes" for RIVERSIDE CCF/CB PARTNERS, CESAR CHAVEZ FOUNDATION, and RODRIGUEZ PAINTING to Question 1 and answered: 1. "No" for Plaintiff to Question 1, or 2. 50 percent or less for Plaintiff to Question 2. Otherwise, do not answer Question 3. What sum of money, if paid now in cash, would fairly and reasonably compensate Ronda Cobb for her 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 that did not result from the occurrence in question. 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 Plaintiff. 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. Answer: ______________ 2. Physical pain and mental anguish that will occur in the future. Answer: ______________ 3. Medical care expenses in the past. Answer: ______________ 4. Medical care expenses to be incurred in the future. Answer: ______________ 5. Disfigurement. DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 12 of 15 Answer: ______________ 6. Loss of earnings capacity and earning capacity. Answer: ______________ Authority: PJC 28.3 and 28.8 and 28.9 ____ Given ____ Not Given ____ Modified DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 13 of 15 FINAL INSTRUCTIONS: 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. DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 14 of 15 CERTIFICATE WE, THE JURY, have answered the above and foregoing special issues as herein indicated, and herewith return same into court as our verdict. (To be signed by the presiding juror if unanimous.) _________________________ PRESIDING JUROR (To be signed by those rendering the verdict if not unanimous.) _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTING’S REQUESTED JURY CHARGE Page 15 of 15 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. Kelley Kessler on behalf of Stacy Thompson Bar No. 24046971 kkessler@rlattorneys.com Envelope ID: 78664024 Filing Code Description: Proposed Jury Charge Filing Description: DEFENDANT REYNALDO RODRIGUEZ D/B/A RODRIGUEZ PAINTINGS REQUESTED JURY CHARGE Status as of 8/18/2023 6:43 AM CST Associated Case Party: RONDA COBB Name BarNumber Email TimestampSubmitted Status Walker M. Duke wduke@dukeseth.com 8/17/2023 7:46:50 PM SENT Maureen Gehring mgehring@dukeseth.com 8/17/2023 7:46:50 PM SENT GAGANDEEP KSETH gkseth@dukeseth.com 8/17/2023 7:46:50 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Patricia McCulloch pmcculloch@tureklawfirm.com 8/17/2023 7:46:50 PM SENT Douglas DFletcher sheila.landua@fletcherfarley.com 8/17/2023 7:46:50 PM SENT Douglas Turek dturek@tureklawfirm.com 8/17/2023 7:46:50 PM SENT Deborah Stick deborah.stick@fletcherfarley.com 8/17/2023 7:46:50 PM SENT Julia Sinor julia.sinor@fletcherfarley.com 8/17/2023 7:46:50 PM SENT Joe J.Harrison joe.harrison@fletcherfarley.com 8/17/2023 7:46:50 PM SENT Isra DBheda isra.bheda@fletcherfarley.com 8/17/2023 7:46:50 PM SENT Associated Case Party: REYNALDO RODRIGUEZ Name BarNumber Email TimestampSubmitted Status E-Service Resnick & Louis mail@rlattorneys.com 8/17/2023 7:46:50 PM SENT Kelley Kessler kkessler@rlattorneys.com 8/17/2023 7:46:50 PM SENT Stacy Thompson sthompson@rlattorneys.com 8/17/2023 7:46:50 PM SENT Jennifer Ernst jernst@rlattorneys.com 8/17/2023 7:46:50 PM SENT