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CAUSE NO. 22-03-03257
AMAIRANY LOPEZ, INDIVIDUALLY & § IN THE DISTRICT COURT OF
A/N/F OF B.L., A.L. & N.H.L., §
MINOR CHILDREN AND GABRIELLA County Court at Law #6
DE LA ROSA GUERRO INDIVIDUALLY
& A/N/F OF A.G.G. & A.M.G.,
MINOR CHILDREN
Vv MONTGOMERY COUNTY, TEXAS
JESSICA LYNN TAYLOR AND
WILLIAM JAMES TAYLOR SoeeeES
Hen aSeReT
DEFENDANTS’ CONTRIBUTION TO THE
TRIAL PREPARATION ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, JESSICA LYNN TAYLOR and WILLIAM JAMES TAYLOR,
Defendants in the above cause, and provide the following
information as required by the Trial Preparation Order, and as
grounds therefore would show this Court as follows:
I. Party/Attorney List
Plaintiffs, AMAIRANY LOPEZ, et al, are represented by
Heriberto Ramos.
Defendants, JESSICA LYNN TAYLOR and WILLIAM JAMES TAYLOR are
represented by Karl D. Drews, Jackson, Drews & Boanerges, P.C.,
9432 Katy Freeway, Suite 100, Houston, Texas 77055. Phone number
713-464-3383. Fax number 713-464-9467.
II. Witness List
Defendants’ Witness List is attached hereto as Exhibit A.
III. Draft Jury Charg
Defendants’ proposed Jury Charge is attached hereto as
Exhibit B.
IV. Exhibits
Defendants’ Exhibit List is attached hereto as Exhibit c.
V. Deposition Excerpts
Defendants do not anticipate offering any deposition excerpts
other than portions of the plaintiffs’ depositions which may be
offered or purposes of impeachment/rebuttal, the necessity of
which cannot be determined at this time.
V. Motion in Limine
Defendants’ Motion in Limine is attached hereto as Exhibit D.
VI. Trial Scheduling
Defendants anticipate that the trial of this matter will last
two to three days, inclusive of jury selection.
Respectfully submitted,
JACKSON, DREWS & BOANERGES, P.C.
Ss Karl D. Drews
KARL D. DREWS TBA:06117470
9432 Katy Freeway, Suite 100
Houston, TX 77055
Telephone #: 713-464-3383
Facsimile #: 713-464-9467
kdd@cjblawfirm.com
ATTORNEY FOR DEFENDANTS
CERTIFICATE OF SERVICE
I hereby certify that I have complied with the provisions
of Rule 21 on this the 224 day of May, 2023.
s/ Karl D. Drews
KARL D. DREWS
CAUSE NO. 22-03-03257
AMAIRANY LOPEZ, INDIVIDUALLY & IN THE DISTRICT COURT OF
A/N/F OF B.L., A.L. & N.H.L.,
MINOR CHILDREN AND GABRIELLA
DE LA ROSA GUERRO INDIVIDUALLY
& A/N/F OF A.G.G. & A.M.G.,
MINOR CHILDREN
Vv MONTGOMERY COUNTY, TEXAS
JESSICA LYNN TAYLOR AND
WILLIAM JAMES TAYLOR 2847 JUDICIAL DISTRICT
DEFENDANTS’ WITNESS LIST
Amairany Lopez
Gabriella De La Rosa Guerrero
Betsabet Lopez
Aaralyn Lopez
Noel Heriberto Lopez
Alessa Guadalup Guerrero
Angelina Marie Guerrero
c/o Michelle Acosta
Two Riverway, Suite 1770
Houston, Texas 77056
Plaintiffs herein
Jessica Lynn Taylor
William James Taylor
c/o Karl D. Drews
9432 Katy
Freeway, Suite 100
Houston, Texas 77055
Defendants herein
Officer Arlen White
Montgomery County Sheriff’s Office
Montgomery, Texas
Investigating police officer
==
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CAUSE NO. 22-03-03257
AMAIRANY LOPEZ, INDIVIDUALLY & IN THE DISTRICT COURT OF
A/N/F OF B.L., A.L. & N.H.L.,
MINOR CHILDREN AND GABRIELLA
DE LA ROSA GUERRO INDIVIDUALLY
& A/N/F OF A.G.G. & A.M.G.,
MINOR CHILDREN
Vv MONTGOMERY COUNTY, TEXAS
JESSICA LYNN TAYLOR AND
WILLIAM JAMES TAYLOR 284T™ JUDICIAL DISTRICT
CHARGE OF THE COURT
Members of the Jury:
After the
closing arguments, you will go to the jury room to decide
the answer
case, 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 no 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.
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 instruction 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.
6 “yes” “no”
Answer or 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 10 ofthe 12 jurors. The same 10 jurors must
agree on every answer. Do not agree to be bound by a vote of
anything less than 10 jurors, even if it would be a majority.
I
As 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.
DEFINITIONS
"ORDINARY CARE" means that degree of care which would be used
by a person of ordinary prudence under the same or similar
circumstances.
"NEGLIGENCE" means failure to use ordinary care; that is to
say, failure 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.
"PROXIMATE CAUSE" means the cause which, in a natural and
continuous sequence, produces an event, and without which cause
such event would not have occurred; and 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.
When a person is confronted by an "EMERGENCY" arising suddenly
and unexpectedly, which was not proximately caused by any
negligence on his part and which, to a reasonable person, requires
immediate action without time for deliberation, his conduct in
such an emergency is not negligence or failure to use ordinary
care if, after such emergency arises, he acts as a person of
ordinary prudence would have acted under the same or similar
circumstances.
An occurrence may be an "UNAVOIDABLE ACCIDENT" that is, an
event not proximately caused by the negligence of any party to it.
QUESTION NO. 1
Did the negligence, if any, of the persons named below
proximately cause the occurrence in question?
Answer "Yes" or "No" for each of the following:
A Amairany Lopez
B. Jessica Taylor
If, in answer to Question No. 1 , you found that the
negligence of more than one of the persons named proximately caused
the occurrence, then answer Question No. 2 Otherwise, do
not answer Question No. 2
QUESTION NO. 2
What percentage of the negligence that caused the occurrence
do you find to be attributable to each of those found by you, in
your answer to Question No. 1 , to have been negligent?
The percentages you find must total 100 percent. The
negligence attributable to a person named below is not necessarily
measured by the number of acts or omissions found.
A Amairany Lopez
B Jessica Taylor
TOTAL 100 %
Answer Question No. 3, if you answered Yes for Jessica Taylor,
and answered No as to Amairany Lopez as to Question No. 1, or 50%
or less for Amairany Lopez to Question No. 2 ’ otherwise, do not
answer Question No. 3.
QUESTION NO. 3
What sum of money, if any, if paid now in cash, would fairly
and reasonably compensate Amairany Lopez for his 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 include damages for one
element in any other element. Do not include interest on any
amount of damages you find. Do not include any amount for any
condition not resulting from the occurrence in question.
Answer in dollars and cents for damages, if any, that were
sustained in the past.
Element a. Past Physical pain and mental anguish
Element b. Past medical expenses
TOTAL
Answer Question No. 4, if you answered Yes for Jessica Taylor
as to Question No. 1, otherwise, do not answer Question No. 4
QUESTION NO. 4
What sum of money, if any, if paid now in cash, would fairly
and reasonably compensate Gabriella De La Rosa Guerro 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 include damages for one
element in any other element. Do not include interest on any
amount of damages you find. Do not include any amount for any
condition not resulting from the occurrence in question.
Answer in dollars and cents for damages, if any, that were
sustained in the past.
Element a. Past Physical pain and mental anguish —__
Element b. Past medical expenses
TOTAL
Answer Question No. 6, if you answered Yes for Jessica Taylor
as to Question No. 1, otherwise, do not answer Question No. 6.
QUESTION NO. 5
What sum of money, if any, if paid now in cash, would fairly
and reasonably compensate Gabriella De La Rosa Guerro 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 include damages for one
element in any other element. Do not include interest on any
amount of damages you find. Do not include any amount for any
condition not resulting from the occurrence in question.
Answer in dollars and cents for damages, if any, that were
sustained in the past.
Element a. Past Physical pain and mental anguish
Element b. Past medical expenses
TOTAL
Answer Question No. 6, if you answered Yes for Jessica Taylor
as to Question No. 1, otherwise, do not answer Question No. 6
QUESTION NO. 6
What sum of money, if any, if paid now in cash, would fairly
and reasonably compensate Betsabet Lopez 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 include damages for one
element in any other element. Do not include interest on any
amount of damages you find. Do not include any amount for any
condition not resulting from the occurrence in question.
Answer in dollars and cents for damages, if any, that were
sustained in the past.
Element a. Past Physical pain and mental anguish —_—
Element b. Past medical expenses
TOTAL
Answer Question No. 7, if you answered Yes for Jessica Taylor
as to Question No. 1, otherwise, do not answer Question No. 7
QUESTION NO. 6
What sum of money, if any, if paid now in cash, would fairly
and reasonably compensate Aaralyn Lopez 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 include damages for one
element in any other element. Do not include interest on any
amount of damages you find. Do not include any amount for any
condition not resulting from the occurrence in question.
Answer in dollars and cents for damages, if any, that were
sustained in the past.
Element a. Past Physical pain and mental anguish
Element b. Past medical expenses
TOTAL
Answer Question No. 8, if you answered Yes for Jessica Taylor
as to Question No. 1, otherwise, do not answer Question No. 8
QUESTION NO. 8
What sum of money, if any, if paid now in cash, would fairly
and reasonably compensate Noel Heriberto Lopez for his 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 include damages for one
element in any other element. Do not include interest on any
amount of damages you find. Do not include any amount for any
condition not resulting from the occurrence in question.
Answer in dollars and cents for damages, if any, that were
sustained in the past.
Element a. Past Physical pain and mental anguish
Element b. Past medical expenses
TOTAL
Answer Question No. 9, if you answered Yes for Jessica Taylor
as to Question No. 1, otherwise, do not answer Question No. 9
QUESTION NO. 9
What sum of money, if any, if paid now in cash, would fairly
and reasonably compensate Alessa Guadalupe Guerrero 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 include damages for one
element in any other element. Do not include interest on any
amount of damages you find. Do not include any amount for any
condition not resulting from the occurrence in question.
Answer in dollars and cents for damages, if any, that were
sustained in the past.
Element a. Past Physical pain and mental anguish —
Element b. Past medical expenses
TOTAL
Answer Question No. 10, if you answered Yes for Jessica Taylor
as to Question No. 1, otherwise, do not answer Question No. 10.
QUESTION NO. 10
What sum of money, if any, if paid now in cash, would fairly
and reasonably compensate Angelina Marie Guerrero 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 include damages for one
element in any other element. Do not include interest on any
amount of damages you find. Do not include any amount for any
condition not resulting from the occurrence in question.
Answer in dollars and cents for damages, if any, that were
sustained in the past.
Element a. Past Physical pain and mental anguish
Element b. Past medical expenses
TOTAL
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;
give written questions or comments to the bailiff
who will give them to the judge;
write down the answers you agree on;
e Give the signatures for the verdict certificate;
and
£ 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 10 jurors. The
same 10 jurors must agree on every answer in the charge.
This means you may not have one group of 10 jurors agree on
one answer and a different group of 10 jurors agree on another
answer.
If 10 jurors agree on every answer, those 10 jurors sign the
verdict. If all 12 of you agree on every answer, you are
unanimous and only the presiding juror signs the verdict
All jurors should deliberate on every question. You may end
up with all 12 of you agreeing on some answers, while only 10
of you agree on other answers. But when you sign the verdict,
only those 10 who agree on every answer will sign the verdict.
Do you understand these instructions? If you do not, please tell
me now.
Judge Presiding
Verdict Certificate
Check one:
Our verdict is unanimous. All 12 of us have agreed to each
and every answer. The presiding juror has signed the
certificate for all 12 of us.
Signature of Presiding Juror Printed name of Presiding Juror
Our verdict is not unanimous. Ten of us have agreed to
each and every answer and have signed the certificate
below.
SIGNATURE NAME PRINTED
4.
7. 7.
10 10.
11 11.
CAUSE NO. 22-03-03257
AMAIRANY LOPEZ, INDIVIDUALLY & § IN THE DISTRICT COURT OF
A/N/F OF B.L., A.L. & N.H.L., §
MINOR CHILDREN AND GABRIELLA
DE LA ROSA GUERRO INDIVIDUALLY
& A/N/F OF A.G.G. & A.M.G.,
MINOR CHILDREN
Vv. MONTGOMERY COUNTY, TEXAS
JESSICA LYNN TAYLOR AND
WILLIAM JAMES TAYLOR 2847 JUDICIAL DISTRICT
DEFENDANTS‘ EXHIBIT LIST
1 Police report
2. Photographs of Plaintiffs’ vehicle.
=
CAUSE NO. 22-03-03257
AMAIRANY LOPEZ, INDIVIDUALLY & IN THE DISTRICT COURT OF
A/N/F OF B.L., A.L. & N.H.L.,
MINOR CHILDREN AND GABRIELLA
DE LA ROSA GUERRO INDIVIDUALLY
& A/N/F OF A.G.G. & A.M.G.,
MINOR CHILDREN
Vv MONTGOMERY COUNTY, TEXAS
JESSICA LYNN TAYLOR AND
WILLIAM JAMES TAYLOR 284 JUDICIAL DISTRICT
DEFENDANTS’ MOTION IN LIMINE
COME NOW, JESSICA LYNN TAYLOR and WILLIAM JAMES TAYLOR,
Defendants in the above entitled and numbered cause and file this
Motion in Limine, requesting exclusion of certain irrelevant,
inadmissible, or prejudicial matters, and as grounds for such
Motion would show unto the Court the following:
Ir
The matters enumerated in the following paragraphs are
irrelevant, inadmissible, highly prejudicial and inflammatory, and
should not be brought before the jury in any form. The injection
of such matters in the trial of this cause by any party, attorney,
or witness would cause irreparable harm to the Defendants that no
instruction by the Court to the jury could cure. Should any of
such matters be brought to the attention of the jury, directly to
indirectly, Defendants would be compelled to make a Motion for
Mistrial. Therefore, in an effort to avoid probable prejudice and
a possible mistrial in this cause, Defendants move the Court in
Mt
is
fi
Limine as set forth below.
Defendants move the court to instruct all attorneys in this
cause, and order them in turn to instruct all witnesses that they
place upon the stand, not to question, mention, argue or make any
statements or references to any of the following matters of facts
within the hearing of the jury or the jury panel, without first
obtaining the Court's express permission, outside of the hearing
of the jury or jury panel, to do so; and not to read any pleadings
or other papers concerning such matters without such prior
permissions of the Court.
A That Defendants made or did not make any settlement
offers in connection with Plaintiffs’ claims. This evidence is
expressly inadmissible pursuant to Rule 408 of the Texas Rules of
Evidence.
B Any evidence regarding the relative wealth of the
parties, the wealth of the Defendants, or any similar information.
Such evidence is clearly not relevant to the issues in this
lawsuit.
c Any evidence, comments , statements, or references
calculated to lead to the inference or suggestion that the
Defendants were insured against liability for the conduct and
damages alleged by the Defendants. Such evidence is expressly
inadmissible pursuant to Rule 411 of the Texas Rules of Evidence.
D To interrogate perspective jurors on the panel during
voir dire examination as to any connection with the insurance
industry. Counsel can determine such connection by asking the
jurors if they have any experience handling or investigating
claims.
E. Requesting material from Defendants’ file or from the
file of their attorney, or asking for the production of any
documents in open Court before the jury.
F That this Motion addressed to the Court was filed by the
Defendant, or that it sought from the Court the protection or the
relief set forth herein.
G Any evidence or mention of Plaintiffs’ medical expenses
unless and until such expenses have been properly proven up as
reasonable and necessary by 18.001 affidavit or by competent expert
testimony.
H. Any evidence regarding any criminal conviction of any
witness unless and until a finding has been made outside the
presence of the jury that said conviction is admissible under Rule
609 of the Rules of Evidence.
I Any evidence of the fact the Defendants received a
citation as a result of the accident.
a Any testimony from any expert who has not been timely
and properly disclosed.
K, Any expert opinion that has not been timely and properly
disclosed.
L Any evidence regarding any economic damages that has not
been timely and properly disclosed.
WHEREFORE, PREMISES CONSIDERED, Defendants pray that this
Motion be in all things sustained and have all such other and
further relief to which it may be justly entitled.
Respectfully submitted,
JACKSON, DREWS & BOANERGES,P.C.
/s/ Karl D. Drews
KARL D. DREWS TBA #06117470
9432 Katy Freeway, Suite 100
Houston, Texas 77055
Tel: 713/464-3383
Fax: 713/464-9467
kddecjblawfirm.com
ATTORNEY FOR DEFENDANTS
CERTIFICATE OF SERVICE
I hereby certify that I have complied with the provisions of
Rule 21 on this 22"4 day of May, 2023.
/s/ Karl D. Drews
KARL D. DREWS
CAUSE NO. 22-03-03257
AMAIRANY LOPEZ, INDIVIDUALLY & IN THE DISTRICT COURT OF
A/N/F OF B.L., A.L. & N.H.L.,
MINOR CHILDREN AND GABRIELLA
DE LA ROSA GUERRO INDIVIDUALLY
& A/N/F OF A.G.G. & A.M.G.,
MINOR CHILDREN
Vv MONTGOMERY COUNTY, TEXAS
JESSICA LYNN TAYLOR AND
WILLIAM JAMES TAYLOR 284™ JUDICIAL DISTRICT
ORDER
BE IT REMEMBERED that on this day, came on to be heard
Defendants’ Motion in Limine and after hearing the Motion the Court
is of the opinion that Paragraph A should be granted.
SIGNED on this day of t 2023.
JUDGE PRESIDING
APPROVED:
/s/ Karl D. Drews
KARL D. DREWS TBA #: 06117470
9432 Katy Freeway, Suite 100
Houston, Texas 77055
Tel: 713/464-3383
Fax: 713/464-9467
kdd@cjblawfirm.com
ATTORNEY FOR DEFENDANTS
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CAUSE NO. 22-03-03257 AMAIRANY LOPEZ, INDIVIDUALLY & § IN THE DISTRICT COURT OF A/N/F OF B.L., A.L. & N.H.L., § MINOR CHILDREN AND GABRIELLA County Court at Law #6 DE LA ROSA GUERRO INDIVIDUALLY & A/N/F OF A.G.G. & A.M.G., MINOR CHILDREN Vv MONTGOMERY COUNTY, TEXAS JESSICA LYNN TAYLOR AND WILLIAM JAMES TAYLOR SoeeeES Hen aSeReT DEFENDANTS’ CONTRIBUTION TO THE TRIAL PREPARATION ORDER TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, JESSICA LYNN TAYLOR and WILLIAM JAMES TAYLOR, Defendants in the above cause, and provide the following information as required by the Trial Preparation Order, and as grounds therefore would show this Court as follows: I. Party/Attorney List Plaintiffs, AMAIRANY LOPEZ, et al, are represented by Heriberto Ramos. Defendants, JESSICA LYNN TAYLOR and WILLIAM JAMES TAYLOR are represented by Karl D. Drews, Jackson, Drews & Boanerges, P.C., 9432 Katy Freeway, Suite 100, Houston, Texas 77055. Phone number 713-464-3383. Fax number 713-464-9467. II. Witness List Defendants’ Witness List is attached hereto as Exhibit A. III. Draft Jury Charg Defendants’ proposed Jury Charge is attached hereto as Exhibit B. IV. Exhibits Defendants’ Exhibit List is attached hereto as Exhibit c. V. Deposition Excerpts Defendants do not anticipate offering any deposition excerpts other than portions of the plaintiffs’ depositions which may be offered or purposes of impeachment/rebuttal, the necessity of which cannot be determined at this time. V. Motion in Limine Defendants’ Motion in Limine is attached hereto as Exhibit D. VI. Trial Scheduling Defendants anticipate that the trial of this matter will last two to three days, inclusive of jury selection. Respectfully submitted, JACKSON, DREWS & BOANERGES, P.C. Ss Karl D. Drews KARL D. DREWS TBA:06117470 9432 Katy Freeway, Suite 100 Houston, TX 77055 Telephone #: 713-464-3383 Facsimile #: 713-464-9467 kdd@cjblawfirm.com ATTORNEY FOR DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have complied with the provisions of Rule 21 on this the 224 day of May, 2023. s/ Karl D. Drews KARL D. DREWS CAUSE NO. 22-03-03257 AMAIRANY LOPEZ, INDIVIDUALLY & IN THE DISTRICT COURT OF A/N/F OF B.L., A.L. & N.H.L., MINOR CHILDREN AND GABRIELLA DE LA ROSA GUERRO INDIVIDUALLY & A/N/F OF A.G.G. & A.M.G., MINOR CHILDREN Vv MONTGOMERY COUNTY, TEXAS JESSICA LYNN TAYLOR AND WILLIAM JAMES TAYLOR 2847 JUDICIAL DISTRICT DEFENDANTS’ WITNESS LIST Amairany Lopez Gabriella De La Rosa Guerrero Betsabet Lopez Aaralyn Lopez Noel Heriberto Lopez Alessa Guadalup Guerrero Angelina Marie Guerrero c/o Michelle Acosta Two Riverway, Suite 1770 Houston, Texas 77056 Plaintiffs herein Jessica Lynn Taylor William James Taylor c/o Karl D. Drews 9432 Katy Freeway, Suite 100 Houston, Texas 77055 Defendants herein Officer Arlen White Montgomery County Sheriff’s Office Montgomery, Texas Investigating police officer == = CAUSE NO. 22-03-03257 AMAIRANY LOPEZ, INDIVIDUALLY & IN THE DISTRICT COURT OF A/N/F OF B.L., A.L. & N.H.L., MINOR CHILDREN AND GABRIELLA DE LA ROSA GUERRO INDIVIDUALLY & A/N/F OF A.G.G. & A.M.G., MINOR CHILDREN Vv MONTGOMERY COUNTY, TEXAS JESSICA LYNN TAYLOR AND WILLIAM JAMES TAYLOR 284T™ JUDICIAL DISTRICT CHARGE OF THE COURT Members of the Jury: After the closing arguments, you will go to the jury room to decide the answer case, 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 no 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. 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 instruction 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. 6 “yes” “no” Answer or 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 10 ofthe 12 jurors. The same 10 jurors must agree on every answer. Do not agree to be bound by a vote of anything less than 10 jurors, even if it would be a majority. I As 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. DEFINITIONS "ORDINARY CARE" means that degree of care which would be used by a person of ordinary prudence under the same or similar circumstances. "NEGLIGENCE" means failure to use ordinary care; that is to say, failure 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. "PROXIMATE CAUSE" means the cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred; and 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. When a person is confronted by an "EMERGENCY" arising suddenly and unexpectedly, which was not proximately caused by any negligence on his part and which, to a reasonable person, requires immediate action without time for deliberation, his conduct in such an emergency is not negligence or failure to use ordinary care if, after such emergency arises, he acts as a person of ordinary prudence would have acted under the same or similar circumstances. An occurrence may be an "UNAVOIDABLE ACCIDENT" that is, an event not proximately caused by the negligence of any party to it. QUESTION NO. 1 Did the negligence, if any, of the persons named below proximately cause the occurrence in question? Answer "Yes" or "No" for each of the following: A Amairany Lopez B. Jessica Taylor If, in answer to Question No. 1 , you found that the negligence of more than one of the persons named proximately caused the occurrence, then answer Question No. 2 Otherwise, do not answer Question No. 2 QUESTION NO. 2 What percentage of the negligence that caused the occurrence do you find to be attributable to each of those found by you, in your answer to Question No. 1 , to have been negligent? The percentages you find must total 100 percent. The negligence attributable to a person named below is not necessarily measured by the number of acts or omissions found. A Amairany Lopez B Jessica Taylor TOTAL 100 % Answer Question No. 3, if you answered Yes for Jessica Taylor, and answered No as to Amairany Lopez as to Question No. 1, or 50% or less for Amairany Lopez to Question No. 2 ’ otherwise, do not answer Question No. 3. QUESTION NO. 3 What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Amairany Lopez for his 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 include damages for one element in any other element. Do not include interest on any amount of damages you find. Do not include any amount for any condition not resulting from the occurrence in question. Answer in dollars and cents for damages, if any, that were sustained in the past. Element a. Past Physical pain and mental anguish Element b. Past medical expenses TOTAL Answer Question No. 4, if you answered Yes for Jessica Taylor as to Question No. 1, otherwise, do not answer Question No. 4 QUESTION NO. 4 What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Gabriella De La Rosa Guerro 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 include damages for one element in any other element. Do not include interest on any amount of damages you find. Do not include any amount for any condition not resulting from the occurrence in question. Answer in dollars and cents for damages, if any, that were sustained in the past. Element a. Past Physical pain and mental anguish —__ Element b. Past medical expenses TOTAL Answer Question No. 6, if you answered Yes for Jessica Taylor as to Question No. 1, otherwise, do not answer Question No. 6. QUESTION NO. 5 What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Gabriella De La Rosa Guerro 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 include damages for one element in any other element. Do not include interest on any amount of damages you find. Do not include any amount for any condition not resulting from the occurrence in question. Answer in dollars and cents for damages, if any, that were sustained in the past. Element a. Past Physical pain and mental anguish Element b. Past medical expenses TOTAL Answer Question No. 6, if you answered Yes for Jessica Taylor as to Question No. 1, otherwise, do not answer Question No. 6 QUESTION NO. 6 What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Betsabet Lopez 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 include damages for one element in any other element. Do not include interest on any amount of damages you find. Do not include any amount for any condition not resulting from the occurrence in question. Answer in dollars and cents for damages, if any, that were sustained in the past. Element a. Past Physical pain and mental anguish —_— Element b. Past medical expenses TOTAL Answer Question No. 7, if you answered Yes for Jessica Taylor as to Question No. 1, otherwise, do not answer Question No. 7 QUESTION NO. 6 What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Aaralyn Lopez 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 include damages for one element in any other element. Do not include interest on any amount of damages you find. Do not include any amount for any condition not resulting from the occurrence in question. Answer in dollars and cents for damages, if any, that were sustained in the past. Element a. Past Physical pain and mental anguish Element b. Past medical expenses TOTAL Answer Question No. 8, if you answered Yes for Jessica Taylor as to Question No. 1, otherwise, do not answer Question No. 8 QUESTION NO. 8 What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Noel Heriberto Lopez for his 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 include damages for one element in any other element. Do not include interest on any amount of damages you find. Do not include any amount for any condition not resulting from the occurrence in question. Answer in dollars and cents for damages, if any, that were sustained in the past. Element a. Past Physical pain and mental anguish Element b. Past medical expenses TOTAL Answer Question No. 9, if you answered Yes for Jessica Taylor as to Question No. 1, otherwise, do not answer Question No. 9 QUESTION NO. 9 What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Alessa Guadalupe Guerrero 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 include damages for one element in any other element. Do not include interest on any amount of damages you find. Do not include any amount for any condition not resulting from the occurrence in question. Answer in dollars and cents for damages, if any, that were sustained in the past. Element a. Past Physical pain and mental anguish — Element b. Past medical expenses TOTAL Answer Question No. 10, if you answered Yes for Jessica Taylor as to Question No. 1, otherwise, do not answer Question No. 10. QUESTION NO. 10 What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Angelina Marie Guerrero 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 include damages for one element in any other element. Do not include interest on any amount of damages you find. Do not include any amount for any condition not resulting from the occurrence in question. Answer in dollars and cents for damages, if any, that were sustained in the past. Element a. Past Physical pain and mental anguish Element b. Past medical expenses TOTAL 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; give written questions or comments to the bailiff who will give them to the judge; write down the answers you agree on; e Give the signatures for the verdict certificate; and £ 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 10 jurors. The same 10 jurors must agree on every answer in the charge. This means you may not have one group of 10 jurors agree on one answer and a different group of 10 jurors agree on another answer. If 10 jurors agree on every answer, those 10 jurors sign the verdict. If all 12 of you agree on every answer, you are unanimous and only the presiding juror signs the verdict All jurors should deliberate on every question. You may end up with all 12 of you agreeing on some answers, while only 10 of you agree on other answers. But when you sign the verdict, only those 10 who agree on every answer will sign the verdict. Do you understand these instructions? If you do not, please tell me now. Judge Presiding Verdict Certificate Check one: Our verdict is unanimous. All 12 of us have agreed to each and every answer. The presiding juror has signed the certificate for all 12 of us. Signature of Presiding Juror Printed name of Presiding Juror Our verdict is not unanimous. Ten of us have agreed to each and every answer and have signed the certificate below. SIGNATURE NAME PRINTED 4. 7. 7. 10 10. 11 11. CAUSE NO. 22-03-03257 AMAIRANY LOPEZ, INDIVIDUALLY & § IN THE DISTRICT COURT OF A/N/F OF B.L., A.L. & N.H.L., § MINOR CHILDREN AND GABRIELLA DE LA ROSA GUERRO INDIVIDUALLY & A/N/F OF A.G.G. & A.M.G., MINOR CHILDREN Vv. MONTGOMERY COUNTY, TEXAS JESSICA LYNN TAYLOR AND WILLIAM JAMES TAYLOR 2847 JUDICIAL DISTRICT DEFENDANTS‘ EXHIBIT LIST 1 Police report 2. Photographs of Plaintiffs’ vehicle. = CAUSE NO. 22-03-03257 AMAIRANY LOPEZ, INDIVIDUALLY & IN THE DISTRICT COURT OF A/N/F OF B.L., A.L. & N.H.L., MINOR CHILDREN AND GABRIELLA DE LA ROSA GUERRO INDIVIDUALLY & A/N/F OF A.G.G. & A.M.G., MINOR CHILDREN Vv MONTGOMERY COUNTY, TEXAS JESSICA LYNN TAYLOR AND WILLIAM JAMES TAYLOR 284 JUDICIAL DISTRICT DEFENDANTS’ MOTION IN LIMINE COME NOW, JESSICA LYNN TAYLOR and WILLIAM JAMES TAYLOR, Defendants in the above entitled and numbered cause and file this Motion in Limine, requesting exclusion of certain irrelevant, inadmissible, or prejudicial matters, and as grounds for such Motion would show unto the Court the following: Ir The matters enumerated in the following paragraphs are irrelevant, inadmissible, highly prejudicial and inflammatory, and should not be brought before the jury in any form. The injection of such matters in the trial of this cause by any party, attorney, or witness would cause irreparable harm to the Defendants that no instruction by the Court to the jury could cure. Should any of such matters be brought to the attention of the jury, directly to indirectly, Defendants would be compelled to make a Motion for Mistrial. Therefore, in an effort to avoid probable prejudice and a possible mistrial in this cause, Defendants move the Court in Mt is fi Limine as set forth below. Defendants move the court to instruct all attorneys in this cause, and order them in turn to instruct all witnesses that they place upon the stand, not to question, mention, argue or make any statements or references to any of the following matters of facts within the hearing of the jury or the jury panel, without first obtaining the Court's express permission, outside of the hearing of the jury or jury panel, to do so; and not to read any pleadings or other papers concerning such matters without such prior permissions of the Court. A That Defendants made or did not make any settlement offers in connection with Plaintiffs’ claims. This evidence is expressly inadmissible pursuant to Rule 408 of the Texas Rules of Evidence. B Any evidence regarding the relative wealth of the parties, the wealth of the Defendants, or any similar information. Such evidence is clearly not relevant to the issues in this lawsuit. c Any evidence, comments , statements, or references calculated to lead to the inference or suggestion that the Defendants were insured against liability for the conduct and damages alleged by the Defendants. Such evidence is expressly inadmissible pursuant to Rule 411 of the Texas Rules of Evidence. D To interrogate perspective jurors on the panel during voir dire examination as to any connection with the insurance industry. Counsel can determine such connection by asking the jurors if they have any experience handling or investigating claims. E. Requesting material from Defendants’ file or from the file of their attorney, or asking for the production of any documents in open Court before the jury. F That this Motion addressed to the Court was filed by the Defendant, or that it sought from the Court the protection or the relief set forth herein. G Any evidence or mention of Plaintiffs’ medical expenses unless and until such expenses have been properly proven up as reasonable and necessary by 18.001 affidavit or by competent expert testimony. H. Any evidence regarding any criminal conviction of any witness unless and until a finding has been made outside the presence of the jury that said conviction is admissible under Rule 609 of the Rules of Evidence. I Any evidence of the fact the Defendants received a citation as a result of the accident. a Any testimony from any expert who has not been timely and properly disclosed. K, Any expert opinion that has not been timely and properly disclosed. L Any evidence regarding any economic damages that has not been timely and properly disclosed. WHEREFORE, PREMISES CONSIDERED, Defendants pray that this Motion be in all things sustained and have all such other and further relief to which it may be justly entitled. Respectfully submitted, JACKSON, DREWS & BOANERGES,P.C. /s/ Karl D. Drews KARL D. DREWS TBA #06117470 9432 Katy Freeway, Suite 100 Houston, Texas 77055 Tel: 713/464-3383 Fax: 713/464-9467 kddecjblawfirm.com ATTORNEY FOR DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have complied with the provisions of Rule 21 on this 22"4 day of May, 2023. /s/ Karl D. Drews KARL D. DREWS CAUSE NO. 22-03-03257 AMAIRANY LOPEZ, INDIVIDUALLY & IN THE DISTRICT COURT OF A/N/F OF B.L., A.L. & N.H.L., MINOR CHILDREN AND GABRIELLA DE LA ROSA GUERRO INDIVIDUALLY & A/N/F OF A.G.G. & A.M.G., MINOR CHILDREN Vv MONTGOMERY COUNTY, TEXAS JESSICA LYNN TAYLOR AND WILLIAM JAMES TAYLOR 284™ JUDICIAL DISTRICT ORDER BE IT REMEMBERED that on this day, came on to be heard Defendants’ Motion in Limine and after hearing the Motion the Court is of the opinion that Paragraph A should be granted. SIGNED on this day of t 2023. JUDGE PRESIDING APPROVED: /s/ Karl D. Drews KARL D. DREWS TBA #: 06117470 9432 Katy Freeway, Suite 100 Houston, Texas 77055 Tel: 713/464-3383 Fax: 713/464-9467 kdd@cjblawfirm.com ATTORNEY FOR DEFENDANTS