Letter,Correspondence: NICOLE E. DOWNIE-FRASER vs. VALERIA SAINZ

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                                CAUSE NO. DC-17-10220
 NICOLE E. DOWNIE-FRASER,         IN THE DISTRICT COURT
                        Plaintiff,

 V.                                                  95th   JUDICIAL DISTRICT

 VALERIA SAINZ,
                        Defendant.                   DALLAS COUNTY, TEXAS

                                          FINAL JUDGMENT
       On March 9, 2022, the Court called this case for trial. Plaintiff, NICOLE E.

DOWNlE-FRASER, appeared              in   person and through her attorney and announced ready

for trial. Defendant, Valeria Sainz, appeared through her attorney and announced ready

for trial. The Court summoned a jury panel and voir dire examination commenced.

       At the conclusion of the voir dire examination, a qualified jury of twelve was

sworn to be the jury and that jury, together with the Court, proceeded to hear the

evidence with that jury retiring to consider the verdict and thereafter returning its verdict

into open court.

       The Court, after carefully considering the verdict of the jury, its file and the

representation of counsel, was of the opinion that Defendant's negligence was the

proximate cause of Plaintiff's injuries and awarded $26,856.50 to NICOLE E. DOWNIE-

FRASER    for reasonable and necessary medical expenses that were sustained in the

past. The jury further awarded $10,500.00 to NICOLE E. DOWNIE-FRASER for past

physical pain and suffering and $5,000.00 to NICOLE E. DOWNIE-FRASER for past

physical impairment. Plaintiff moved forjudgment on the verdict. The Court considered
the motion and renders judgment for Plaintiff.

       This is a suit for personal injury and prejudgment interest governed by Texas

Finance Code Sec. 304.101, et seq. Under 304.104, prejudgment interest begins to

accrue on the earlier of (a) the 180th day after the date the Defendant received written

notice of the claim, which was March 19, 2017, or (b) the date the suit was filed against


FINAL JUDGMENT                                                                          Page   1
Defendant, which was August 17, 2017, ending on the day before the date judgment is

rendered. Tex. Fin. Code Sec.304.104. In the case at bar prejudgment interest began to

accrue on March 19, 2017. The prejudgment interest                in   this matter is calculated at

$10,531.10.
       The Court costs   in this matter for   Plaintiff are calculated at $876.93.

       Prior to trial, the parties entered into a Rule 11 agreement on file with the Court

that limits Plaintiff’s recoverable damages to the $50,000.00 policy limits per plaintiff of

Defendant's auto insurance policy that was       in   effect on the date of this accident.

       lT IS THEREFORE ORDERED that Plaintiff recover actual damages                         in the

amount of Fifty Thousand Dollars and Zero Cents ($50,000.00).

       lT IS FURTHER ORDERED that the total amount of the judgment here rendered
will bear interest at the rate of 5% from the date of this judgment until paid.

       All writs and processes for the enforcement and collection of this judgment or the

costs of court may issue as necessary.

       All relief requested in this case and not expressly granted is denied. This

judgment finally disposes of all parties and claims and is appealable. THIS JUDGMENT
IS   A FINAL JUDGMENT AS TO ALL PARTIES AND ALL CAUSES OF ACTION.




SIGNED this _      day of                     .20




                                                       JUDGE PRESIDING




FINAL JUDGMENT                                                                               Page 2
APPROVED AS TO FORM          &   SUBSTANCE:




        Hahsbck
Joshu’g
Statew ar No. 24107363
     Abbott & Associates, PLLC
1934 Pendleton Drive
Garland, TX 75041
(972) 263-5555
(817) 263-5555
(972) 682-7586 Facsimile
eService@benabbott.com
Attorney for Plaintiff(s)


APPROVED AS TO FORM ONLY:




WM
Young Jenkins
State Bar No. 24034505
Lisa Chastain & Associates
P.O. Box 655441
Dallas, TX 75265
(214) 659-4356
(877) 678-4763 Facsimile
DallasLega/@allstate.com
Attorney for Defendant(s)




FINAL JUDGMENT                                Page 3