On August 02, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Rhodes, Vashone,
and
Exclusive Nationwide Delivery, Inc,
Gomez, James,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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mm___FTEED
DALLAS COUNTY
10/10/2019 11:37 AM
FELICIA PITRE
DISTRICT CLERK
Terri Kilgore
CAUSE NO. DC-19-10926
VASHONE RHODES § IN THE DISTRICT COURT
§
V. § 160T“ JUDICIAL DISTRICT
§
JAMES GOMEZ § DALLAS COUNTY, TEXAS
DEFENDANT’S MOTION FOR BIFURCATED TRIAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, James Gomez, Defendant herein, and files this his Motion for Bifurcated
Trial, and in support of same would show unto the Court as follows:
I.
Defendant, James Gomez, hereby expressly invokes the limitations included in TEXAS
CIVIL PRACTICE & REMEDY CODE §41 .008, §41 .006, and §41.009. Defendant hereby moves the
Court to bifurcate any determination of exemplary or punitive damages from the liability and
determination of compensatory damages. Defendant makes this Motion under the provisions of
§41.009 of the TEXAS CIVIL PRACTICE AND REMEDY CODE. This Motion is not made for a delay
in justice, but to prevent the Defendant from being subj ected to undue prej udice by the introduction
of events relating to exemplary 0r punitive damages during the liability and compensatory damages
phase of the trial.
WHEREFORE, PREMISES CONSIDERED, Defendant, James Gomez, hereby
requests that the Court bifurcate any determination of punitive or exemplary damages against
Defendant from the determination of liability for compensatory damages and the amount of
compensatory damages, and for such other and further relief which the Defendant may be entitled
at law or in equity.
DEFENDANT’S MOTION FOR BIFURCATED TRIAL PAGE 1
Respectfully submitted,
THE LECRONE LAW FIRM, PC
Wall Street Plaza _
123 North Crockett Street, Suite 200
Sherman, TX 75090
TEL 903 813. 1900;
FAX. 9038131944§
/
t
By: B!
ADAM B. LECRONE
State Bar No. 00786447
JOHN W. BREEZE
State Bar N0. 00796248
MARK A. TEAGUE
State Bar No. 24003039
HILLARY LUCKETT CLARK
State Bar No. 240777 1 4
MICHAEL S. KELLY
State Bar No. 24055767
TREVOR J. BEATY
State Bar No. 24091220
ALEXANDRIA K. CARPENTER
State Bar N0. 24101596
RHONDA D. HOLCOMB
State Bar N0. 24099024
BLAISE S. WILCOTT
State Bar N0. 24086481
ESERVICEGQLECRONELAW.COM
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
This is t0 certify that 0n thefé day Of U r‘hj‘rxw ,
2019, the foregoing instrument
was forwarded to the following counsel of record:
Ms. V. Paige Eldridge
Ms. Amy K. Witherite
EBERSTEIN & WITHERITE, LLP
10440 N. Central Expressway, Ste. 400
Dallas, TX 75231-2228 g
j/L ff
ADAM fl“ LECRONE
DEFENDANT’S MOTION FOR BIFURCATED TRIAL PAGE 2
Document Filed Date
October 10, 2019
Case Filing Date
August 02, 2019
Category
MOTOR VEHICLE ACCIDENT
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mm___FTEED DALLAS COUNTY 10/10/2019 11:37 AM FELICIA PITRE DISTRICT CLERK Terri Kilgore CAUSE NO. DC-19-10926 VASHONE RHODES § IN THE DISTRICT COURT § V. § 160T“ JUDICIAL DISTRICT § JAMES GOMEZ § DALLAS COUNTY, TEXAS DEFENDANT’S MOTION FOR BIFURCATED TRIAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, James Gomez, Defendant herein, and files this his Motion for Bifurcated Trial, and in support of same would show unto the Court as follows: I. Defendant, James Gomez, hereby expressly invokes the limitations included in TEXAS CIVIL PRACTICE & REMEDY CODE §41 .008, §41 .006, and §41.009. Defendant hereby moves the Court to bifurcate any determination of exemplary or punitive damages from the liability and determination of compensatory damages. Defendant makes this Motion under the provisions of §41.009 of the TEXAS CIVIL PRACTICE AND REMEDY CODE. This Motion is not made for a delay in justice, but to prevent the Defendant from being subj ected to undue prej udice by the introduction of events relating to exemplary 0r punitive damages during the liability and compensatory damages phase of the trial. WHEREFORE, PREMISES CONSIDERED, Defendant, James Gomez, hereby requests that the Court bifurcate any determination of punitive or exemplary damages against Defendant from the determination of liability for compensatory damages and the amount of compensatory damages, and for such other and further relief which the Defendant may be entitled at law or in equity. DEFENDANT’S MOTION FOR BIFURCATED TRIAL PAGE 1 Respectfully submitted, THE LECRONE LAW FIRM, PC Wall Street Plaza _ 123 North Crockett Street, Suite 200 Sherman, TX 75090 TEL 903 813. 1900; FAX. 9038131944§ / t By: B! ADAM B. LECRONE State Bar No. 00786447 JOHN W. BREEZE State Bar N0. 00796248 MARK A. TEAGUE State Bar No. 24003039 HILLARY LUCKETT CLARK State Bar No. 240777 1 4 MICHAEL S. KELLY State Bar No. 24055767 TREVOR J. BEATY State Bar No. 24091220 ALEXANDRIA K. CARPENTER State Bar N0. 24101596 RHONDA D. HOLCOMB State Bar N0. 24099024 BLAISE S. WILCOTT State Bar N0. 24086481 ESERVICEGQLECRONELAW.COM ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE This is t0 certify that 0n thefé day Of U r‘hj‘rxw , 2019, the foregoing instrument was forwarded to the following counsel of record: Ms. V. Paige Eldridge Ms. Amy K. Witherite EBERSTEIN & WITHERITE, LLP 10440 N. Central Expressway, Ste. 400 Dallas, TX 75231-2228 g j/L ff ADAM fl“ LECRONE DEFENDANT’S MOTION FOR BIFURCATED TRIAL PAGE 2