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CAUSE NO. DC-16-O6185
MARIA R. FRANCHESCHY, IN THE DISTRICT COURT OF
INDIVIDUALLY AND AS NEXT
FRIEND OF JULIANA ELIZABETTA
RUIZ FRANCHESCHY AND JIMENA
RUIZ, MINORS, AND THE ESTATE OF
JUAN PABLO RUIZ
Plaintiffs,
COBALT CONSTRUCTION CO., WWWWWWWWWWWWWWWWWWWWWWW
WADE CONSTRUCTION GROUP, INC., 95TH JUDICIAL DISTRICT
COBALT/WADE JV, WCG CONCRETE
STRUCTURES, LLC, WADE
EXCAVATION, LLC, TERRA LAGO
APARTMENTS, LLC,
PORTFOLIO DEVELOPMENT, LLC,
EAST TEXAS PRECAST, LLC, GULF
COAST PRECAST ERECTORS, LLC, 21
TRANSPORTATION LLC, MD
EQUIPMENT, INC., DAMON PITRE,
AND PILLAR INCOME ASSET
MANAGEMENT,
Defendants. W DALLAS COUNTY, TEXAS
AGREED JUDGMENT AND ORDER OF DISMISSAL
On this day came before the Court Maria R. Francheschy, Individually and
as Next Friend of Juliana Elizabetta Ruiz Francheschy and Jimena Ruiz, minors,
and as Representative of the Estate of Juan Pablo Ruiz and Alondra Guadalupe
Montealvo Villanueva (“Claimants”), and East Texas Precast, LLC, 21 Transport,
LLC, Damon Pitre, Wade Construction Group, Inc., and Gulf Coast Precast
Erectors, LLC (“Defendants”); The parties were represented by their attorneys of
record. A1 Ellis represented the interests of the minor Plaintiffs by serving as their
Agreed Judgment and Order 0f Dismissal Page 1
Guardian Ad Litem. The Plaintiffs announced to the Court that they had reached a
compromise settlement of all of their claims against these Defendants.
The Court proceeded to hear and consider evidence regarding the claims of
Plaintiffs against these Defendants and the potential liabilities and defenses of
these Defendants. The Court also heard evidence regarding the material terms of
the parties’ proposed settlement with respect to the interest of the minor Plaintiffs.
Since the parties’ settlement is confidential, a copy of such Settlement Agreement
and Release was not entered into the Court’s record.
The Court took judicial notice of the contents of its file pertaining to the
above entitled and numbered cause.
The Court FINDS that it has proper jurisdiction of the parties and of the
subject matter of this dispute.
The Court further FINDS that Plaintiff Maria Ruiz Francheschy is the
natural parent and Next Friend of the minor Plaintiffs Juliana Elizabetta Ruiz
Francheschy and Jimena Ruiz; that Plaintiff Maria Ruiz Francheschy brings
this action against these Defendants in her capacity as Next Friend of minor
Plaintiffs claiming that the incident/accident and injuries made the basis of this suit
were the result, in whole or in part, of the negligent and/or grossly negligent acts
and/or omissions of Defendants; that these Defendants dispute all claims of liability
and damages made against them in this suit; that the Next Friend and the
Guardian Ad Litem are fully informed with respect to the facts of liability, the
doubtful and disputed nature of the causes of action, and the nature and extent of
the injuries and damages claimed; and that, with the knowledge of the causes of
Agreed Judgment and Order of Dismissal Page 2
action as said above, the parties hereto have agreed to compromise and settle such
causes of action in full settlement of the respective claims of all parties to this
Judgment.
The Court further FINDS after considering the evidence and the
recommendation of the Guardian Ad Litem that the terms of the settlement entered
in this case is a good faith settlement of disputed claims under Texas law which
adequately and appropriately protects the interests of the minor Plaintiffs and it is
in the minor Plaintiffs’ best interests for the Court to approve the terms of the
settlement.
THEREFORE, in accordance with the parties’ Settlement Agreement and
Release, the evidence, and the recommendation of the Guardian Ad Litem, it is
hereby ORDERED, ADJUDGED and DECREED that the minor Plaintiffs Juliana
Elizabetta Ruiz Francheschy and Jimena Ruiz shall have and recover their portion
of the settlement sum as set forth in Exhibit A to this Order and in the parties’
Compromise Settlement Agreement, Indemnity, and Full and Final Release
according to the terms expressed therein, and that the terms of the settlement
recovery of minor Plaintiffs Juliana Elizabetta Ruiz Francheschy and Jimena Ruiz
as expressed in Exhibit A to this Order and in the parties’ Compromise Settlement
Agreement, Indemnity, and Full and Final Release are hereby APPROVED.
IT IS FURTHER ORDERED, ADJUDGED and DECREED that the rights to
receive Periodic Payments granted to the minor Plaintiffs in this Judgment, as set
forth in Exhibit A, may not be accelerated, deferred, increased or decreased,
mortgage, assigned, sold, transferred, hypothecated, pledged, or otherwise alienated
Agreed Judgment and Order of Dismissal Page 3
in any manner, directly or indirectly, without the prior approval in advance in a
“qualified order” as outlined in Section 5891(b)(2) of the Internal revenue Code of
1986, as amended (a “qualified order”) and approved by the then-sitting Judge of
this Court, as evidenced by an order approving such transaction entered after
compliance with all requirements of the Structured Settlement Protection Act, §§
141.001, Texas Civil Practice and Remedies Code, as it now exists or may hereafter
be amended, or any successor to such statute. Any purported or attempted sale,
transfer, hypothecation, pledge, or other alienation of such payment rights that has
not been so approved will be a direct violation of this order.
It is further ORDERED, ADJUDGED and DECREED that a reasonable fee
for the services and expenses of the Guardian Ad Litem in the amount of $7,500.00
is hereby awarded for representation of the minor Plaintiffs.
It is further ORDERED, ADJUDGED and DECREED that based upon the
parties' representation that the settlement described herein has been paid or
satisfied, this judgment is hereby satisfied, paid, and RELEASED and these
Defendants are hereby forever relieved and discharged of and from any and all
liability, claims, demands and causes of action of whatever nature asserted or which
might have been asserted herein by any Plaintiff, known or unknown, accrued or to
accrue, arising from or in any manner growing out of the incidents made the basis
of Plaintiffs’ lawsuit as described in Plaintiffs’ pleadings on file herein, and no
execution of this judgment shall ever issue.
It is further ORDERED, ADJUDGED and DECREED that Defendants East
Texas Precast, LLC, 21 Transport, LLC, Damon Pitre, Wade Construction Group,
Agreed Judgment and Order of Dismissal Page 4
Inc., and Gulf Coast Precast Erectors, LLC are hereby DISMISSED WITH
PREJUDICE from this suit.
As agreed by these parties, each party Will bear its own costs, including court
costs.
A11 relief not expressly granted herein is hereby denied. This judgment finally
disposes of all parties and all claims and is appealable.
SIGNED and ENTERED this day of , 2020.
JUDGE PRESIDING
AGREED TO AND APPROVED AS TO FORM:
/g Sean Roberts (With Qelmjssjonl
Sean Roberts, Attorney for Plaintiffs
/g A] Ellis (With germjssjonl
A1 Ellis, Guardian Ad Litem
/s/Josep12 E. Bme
Joseph E. Byrne, Attorney for Defendants 21 Transport, LLC and Damon Pitre
/g Mcbele Smith (With germjssjonl
Michele Smith, Attorney for Defendant East Texas Precast, LLC
/fi Joanna Tollenaere (With germjssjonl
Joanna Tollenaere, Attorney for WCG Concrete Structures, LLC
/fi Todd Wright (With germjssjonl
Todd Wright, Attorney for Defendant Gulf Coast Precast Erectors, LLC
Agreed Judgment and Order 0f Dismissal Page 5
EXHIBIT A
Consideration:
By way of Settlement, Gemini Insurance Company has offered to pay the following
sums to Plaintiffs:
Future periodic payments payable as follows:
Payee: Juliana Elizabetta Ruiz Francheschy
$5,236.50 payable annually, guaranteed for 4 years, beginning on 07/30/2022,
with the last guaranteed payment on 07/30/2025.
$5,236.50 payable annually, guaranteed for 4 years, beginning on 11/30/2022,
with the last guaranteed payment on 11/30/2025.
$20,000.00 guaranteed lump sum, payable on 05/12/2027.
$52,800.00 guaranteed lump sum, payable on 05/12/2029.
Beneficiary: The Estate of Juliana Elizabetta Ruiz Francheschy
Payee: Jimena Ruiz
$5,390.25 payable annually, guaranteed for 4 years, beginning on
07/30/2023, with the last guaranteed payment on 07/30/2026.
$5,390.25 payable annually, guaranteed for 4 years, beginning on 11/30/2023,
with the last guaranteed payment on11/30/2026.
$20,000.00 guaranteed lump sum, payable on 06/20/2028.
$55,600.00 guaranteed lump sum, payable on 06/20/2030.
Beneficiary: The Estate of Jimena Ruiz
All sums set forth herein constitute damages on account of personal physical
injuries or sickness, within the meaning of Section 104(a)(2) of the Internal Revenue
Code of 1986, as amended.
Plaintiff acknowledges and agrees that Gemini Insurance Company will make a
"qualified assignment", within the meaning of Section 130(c) of the Internal
Revenue Code of 1986, as amended, of Gemini Insurance Company’s liability to
make the Periodic Payments set forth herein.
The obligation to make the periodic payments described herein may be assigned to
Agreed Judgment and Order of Dismissal Page 6
Pacific Life & Annuity Services, Inc. and funded by an annuity contract issued by
Pacific Life Insurance Company.
Beneficiary:
Any payments to be made after the death of any Payees pursuant to the terms of
this Settlement Agreement shall be made to such person or entity as shall be
designated in writing by Plaintiff to the Insurers or the Insurers' Assignee, upon
reaching the age of majority. If no person or entity is so designated by Plaintiff, or if
the person designated is not living at the time of the Payee's death, such payments
shall be made to the estate of the Payee. No such designation, nor any revocation
thereof, shall be effective unless it is in writing and delivered to the Insurers or the
Insurers' Assignee. The Designation must be in a form acceptable to the Insurers or
the Insurers' Assignee before such payments are made, but in no event shall the
request of the payee be unreasonably withheld or denied.
Agreed Judgment and Order of Dismissal Page 7
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CAUSE NO. DC-16-O6185 MARIA R. FRANCHESCHY, IN THE DISTRICT COURT OF INDIVIDUALLY AND AS NEXT FRIEND OF JULIANA ELIZABETTA RUIZ FRANCHESCHY AND JIMENA RUIZ, MINORS, AND THE ESTATE OF JUAN PABLO RUIZ Plaintiffs, COBALT CONSTRUCTION CO., WWWWWWWWWWWWWWWWWWWWWWW WADE CONSTRUCTION GROUP, INC., 95TH JUDICIAL DISTRICT COBALT/WADE JV, WCG CONCRETE STRUCTURES, LLC, WADE EXCAVATION, LLC, TERRA LAGO APARTMENTS, LLC, PORTFOLIO DEVELOPMENT, LLC, EAST TEXAS PRECAST, LLC, GULF COAST PRECAST ERECTORS, LLC, 21 TRANSPORTATION LLC, MD EQUIPMENT, INC., DAMON PITRE, AND PILLAR INCOME ASSET MANAGEMENT, Defendants. W DALLAS COUNTY, TEXAS AGREED JUDGMENT AND ORDER OF DISMISSAL On this day came before the Court Maria R. Francheschy, Individually and as Next Friend of Juliana Elizabetta Ruiz Francheschy and Jimena Ruiz, minors, and as Representative of the Estate of Juan Pablo Ruiz and Alondra Guadalupe Montealvo Villanueva (“Claimants”), and East Texas Precast, LLC, 21 Transport, LLC, Damon Pitre, Wade Construction Group, Inc., and Gulf Coast Precast Erectors, LLC (“Defendants”); The parties were represented by their attorneys of record. A1 Ellis represented the interests of the minor Plaintiffs by serving as their Agreed Judgment and Order 0f Dismissal Page 1 Guardian Ad Litem. The Plaintiffs announced to the Court that they had reached a compromise settlement of all of their claims against these Defendants. The Court proceeded to hear and consider evidence regarding the claims of Plaintiffs against these Defendants and the potential liabilities and defenses of these Defendants. The Court also heard evidence regarding the material terms of the parties’ proposed settlement with respect to the interest of the minor Plaintiffs. Since the parties’ settlement is confidential, a copy of such Settlement Agreement and Release was not entered into the Court’s record. The Court took judicial notice of the contents of its file pertaining to the above entitled and numbered cause. The Court FINDS that it has proper jurisdiction of the parties and of the subject matter of this dispute. The Court further FINDS that Plaintiff Maria Ruiz Francheschy is the natural parent and Next Friend of the minor Plaintiffs Juliana Elizabetta Ruiz Francheschy and Jimena Ruiz; that Plaintiff Maria Ruiz Francheschy brings this action against these Defendants in her capacity as Next Friend of minor Plaintiffs claiming that the incident/accident and injuries made the basis of this suit were the result, in whole or in part, of the negligent and/or grossly negligent acts and/or omissions of Defendants; that these Defendants dispute all claims of liability and damages made against them in this suit; that the Next Friend and the Guardian Ad Litem are fully informed with respect to the facts of liability, the doubtful and disputed nature of the causes of action, and the nature and extent of the injuries and damages claimed; and that, with the knowledge of the causes of Agreed Judgment and Order of Dismissal Page 2 action as said above, the parties hereto have agreed to compromise and settle such causes of action in full settlement of the respective claims of all parties to this Judgment. The Court further FINDS after considering the evidence and the recommendation of the Guardian Ad Litem that the terms of the settlement entered in this case is a good faith settlement of disputed claims under Texas law which adequately and appropriately protects the interests of the minor Plaintiffs and it is in the minor Plaintiffs’ best interests for the Court to approve the terms of the settlement. THEREFORE, in accordance with the parties’ Settlement Agreement and Release, the evidence, and the recommendation of the Guardian Ad Litem, it is hereby ORDERED, ADJUDGED and DECREED that the minor Plaintiffs Juliana Elizabetta Ruiz Francheschy and Jimena Ruiz shall have and recover their portion of the settlement sum as set forth in Exhibit A to this Order and in the parties’ Compromise Settlement Agreement, Indemnity, and Full and Final Release according to the terms expressed therein, and that the terms of the settlement recovery of minor Plaintiffs Juliana Elizabetta Ruiz Francheschy and Jimena Ruiz as expressed in Exhibit A to this Order and in the parties’ Compromise Settlement Agreement, Indemnity, and Full and Final Release are hereby APPROVED. IT IS FURTHER ORDERED, ADJUDGED and DECREED that the rights to receive Periodic Payments granted to the minor Plaintiffs in this Judgment, as set forth in Exhibit A, may not be accelerated, deferred, increased or decreased, mortgage, assigned, sold, transferred, hypothecated, pledged, or otherwise alienated Agreed Judgment and Order of Dismissal Page 3 in any manner, directly or indirectly, without the prior approval in advance in a “qualified order” as outlined in Section 5891(b)(2) of the Internal revenue Code of 1986, as amended (a “qualified order”) and approved by the then-sitting Judge of this Court, as evidenced by an order approving such transaction entered after compliance with all requirements of the Structured Settlement Protection Act, §§ 141.001, Texas Civil Practice and Remedies Code, as it now exists or may hereafter be amended, or any successor to such statute. Any purported or attempted sale, transfer, hypothecation, pledge, or other alienation of such payment rights that has not been so approved will be a direct violation of this order. It is further ORDERED, ADJUDGED and DECREED that a reasonable fee for the services and expenses of the Guardian Ad Litem in the amount of $7,500.00 is hereby awarded for representation of the minor Plaintiffs. It is further ORDERED, ADJUDGED and DECREED that based upon the parties' representation that the settlement described herein has been paid or satisfied, this judgment is hereby satisfied, paid, and RELEASED and these Defendants are hereby forever relieved and discharged of and from any and all liability, claims, demands and causes of action of whatever nature asserted or which might have been asserted herein by any Plaintiff, known or unknown, accrued or to accrue, arising from or in any manner growing out of the incidents made the basis of Plaintiffs’ lawsuit as described in Plaintiffs’ pleadings on file herein, and no execution of this judgment shall ever issue. It is further ORDERED, ADJUDGED and DECREED that Defendants East Texas Precast, LLC, 21 Transport, LLC, Damon Pitre, Wade Construction Group, Agreed Judgment and Order of Dismissal Page 4 Inc., and Gulf Coast Precast Erectors, LLC are hereby DISMISSED WITH PREJUDICE from this suit. As agreed by these parties, each party Will bear its own costs, including court costs. A11 relief not expressly granted herein is hereby denied. This judgment finally disposes of all parties and all claims and is appealable. SIGNED and ENTERED this day of , 2020. JUDGE PRESIDING AGREED TO AND APPROVED AS TO FORM: /g Sean Roberts (With Qelmjssjonl Sean Roberts, Attorney for Plaintiffs /g A] Ellis (With germjssjonl A1 Ellis, Guardian Ad Litem /s/Josep12 E. Bme Joseph E. Byrne, Attorney for Defendants 21 Transport, LLC and Damon Pitre /g Mcbele Smith (With germjssjonl Michele Smith, Attorney for Defendant East Texas Precast, LLC /fi Joanna Tollenaere (With germjssjonl Joanna Tollenaere, Attorney for WCG Concrete Structures, LLC /fi Todd Wright (With germjssjonl Todd Wright, Attorney for Defendant Gulf Coast Precast Erectors, LLC Agreed Judgment and Order 0f Dismissal Page 5 EXHIBIT A Consideration: By way of Settlement, Gemini Insurance Company has offered to pay the following sums to Plaintiffs: Future periodic payments payable as follows: Payee: Juliana Elizabetta Ruiz Francheschy $5,236.50 payable annually, guaranteed for 4 years, beginning on 07/30/2022, with the last guaranteed payment on 07/30/2025. $5,236.50 payable annually, guaranteed for 4 years, beginning on 11/30/2022, with the last guaranteed payment on 11/30/2025. $20,000.00 guaranteed lump sum, payable on 05/12/2027. $52,800.00 guaranteed lump sum, payable on 05/12/2029. Beneficiary: The Estate of Juliana Elizabetta Ruiz Francheschy Payee: Jimena Ruiz $5,390.25 payable annually, guaranteed for 4 years, beginning on 07/30/2023, with the last guaranteed payment on 07/30/2026. $5,390.25 payable annually, guaranteed for 4 years, beginning on 11/30/2023, with the last guaranteed payment on11/30/2026. $20,000.00 guaranteed lump sum, payable on 06/20/2028. $55,600.00 guaranteed lump sum, payable on 06/20/2030. Beneficiary: The Estate of Jimena Ruiz All sums set forth herein constitute damages on account of personal physical injuries or sickness, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. Plaintiff acknowledges and agrees that Gemini Insurance Company will make a "qualified assignment", within the meaning of Section 130(c) of the Internal Revenue Code of 1986, as amended, of Gemini Insurance Company’s liability to make the Periodic Payments set forth herein. The obligation to make the periodic payments described herein may be assigned to Agreed Judgment and Order of Dismissal Page 6 Pacific Life & Annuity Services, Inc. and funded by an annuity contract issued by Pacific Life Insurance Company. Beneficiary: Any payments to be made after the death of any Payees pursuant to the terms of this Settlement Agreement shall be made to such person or entity as shall be designated in writing by Plaintiff to the Insurers or the Insurers' Assignee, upon reaching the age of majority. If no person or entity is so designated by Plaintiff, or if the person designated is not living at the time of the Payee's death, such payments shall be made to the estate of the Payee. No such designation, nor any revocation thereof, shall be effective unless it is in writing and delivered to the Insurers or the Insurers' Assignee. The Designation must be in a form acceptable to the Insurers or the Insurers' Assignee before such payments are made, but in no event shall the request of the payee be unreasonably withheld or denied. Agreed Judgment and Order of Dismissal Page 7