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I ,QbRIGINAL
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CAUSE N0.JDC-19-’1‘092’6
VASHONE RHODES § IN THE JUDIC “rs; CT //
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§ 00'
'v.
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g,
§ 160TH DISTRICT CO‘Z,‘
9;,
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JAMES GOMEZ AND EXCLUSIVE
NATIONWIDE DELIVERY, INC.
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DALLAS COUNTY, TEXA§°oT,;
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CHARGE OF THE COURT
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MEMBERS OF THE JURY:
.J
After the closing arguments, you will go Io the jury room to decide the case, answer the
questions that are attached, and reach a verdict. You may discuss the case otherJurors only
with
when you are all togetherIn theJury room.
_ Remember my previous instructions: Do not discuss the case with anyone else, eitherIn person
or by any other means. Do not do any independent investigation about the case or conduct any
research. Do not look up any words1n 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 device during deliberations for any
'reason. '
-”
,
electronic
> r your ,
.
Any notes you have taken are for your own personal use. You may take your notes back into
theJury room and consult them during deliberations, but do not show or read your notes to your
fellowJurors 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 anOtherJuror
not taken notes.
'
'has
or has
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 kept1n
a safe, secure location and not disclosed to anyone. After the
you complete your deliberations,
.
bailiff will collect yOur notes. When you are released from Jury duty, the bailiff will promptly
notes so that nobodycan read what you wrote.
destroy your
Here are the instructions for answering the
questions.
1.‘ DO not let bias, prejudice, or sympathy play any in your
part decision.
2. Base. your answers only onthe evidence admittedIn court and On the law that is in these .
/
instructions and questions. Do not consider. or discuss any evidence thatwas not admitted
‘
COurtroom. . -
in)the
3. You are to make up yourOwn 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 wordin a way that15 different from its ordinary meaning, use the '
meaning I you, which will be a proper legal definition.
give
5. All the questions and answers are important. No one should any question 0r answer
say that
is not
important.
6. . Answer yes’ "or "no ’to all questions unless youare told otherwise.
be based on a preponderance of the evidence, unless you are told otherwise.
Ayes’If ’answer must
you do not
I find that a preponderance of the evidence supports a ""yes. answer, then answer n"o.'
LWhenever a question requires an- answer other than “yes” or “no,"iuyour' answer must be
based on a of the evidence, unless you.ar'e otherWise.
preponderance told
\ .
The term' 'preponderance of the evidence" means the greater weight of credible evidence
'
presented1n this
case‘.‘
you do not find that a preponderance of the eVidence supports ‘-‘”yes a
answer, then answer‘ r1If ’A preponderance of the ev\idence15 not measured by the number of
» w1tnesses or
by the number of documents admitted1n evidence. For a fact to be proved by a
preponderance of the evidence, you must find that the fact1s more l1kely~ true than not true.
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A fact may be establi‘Shed by direct evidence or by ciréuihstantial evidence or both. .A fact.
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is established by direct evidence when prdved by documentary evidence or by witnesses who saw .
the act done or heard the words spoken. A fact1s established by circumstantial evidence when it
may be fairly and reasonably inferred from other facts proved“
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7. Do not decide whoyou think should win before you answer the questions and then just
4
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.
‘
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Do not answer questions by drawing straws or by any method of chariCe.
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8.
i
9. .
Some questions might ask you for a dollar amount. Donot agree in\ advance to decide on a
‘
dollar/amount by adding up eachjuror’ 5 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 way.
\ —
my .
ll. '
Unless otherwise instructed, the answers to the questiOns must be based on the decision of
'
at least ten of the twelve jurors. The same ten jurors must agree on every answer. Do not
agree
to be bound by of anything less than ten jurors, even if it would be a majority. f
alvote
if you do not follow these instructions, you will be guilty ofjuror
As I have said before,
misconduct, and I might have to order a new trial and start this process over again. This would
wasteyour time and the parties’ money, and would require the taxpayers of this county to pay fOr
'
.
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anOther trial. If a jUror breaks any of these rules, tell that person to stop
/
and report it'to' me
‘
immediately.
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DEFENITIONS
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“Negligence” means failure to use ordinary care, that13, failing to do that which a person
of ordinary prudence would have done under the same 0r similar circumstances or doing that which
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a of ordinaryprudence would have the same or similar circumstances.
person not done under'
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“Ordinary care” means that degree of care that would be used by a person of ordinary
prudence under same or similar circumstances.
the
. .. . t . \ . .
“Prox1mate cause” means a cause that was a substant1al factor 1n br1ng1ng about an 1njury,
.
‘
and without which cause suchinjury would not have occurred. In order to be a proximate cause,
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the act or omission complained of must be such that a person Using ordinary care would have ,
foreseen that the1njury, or some similar1njury, "might reasonably result therefrom. There may be
than one proximate cause of an
~more injury.
,
Answer “yes” or “no” to the following questions unless otherwise instructed. A “yes” answer 1
must be based on a preponderance of the evidence. If you do not find that a preponderance -
” Answer all other questions by a
,
of the evidence supports a “yes” answer, then answer
the
“no.
preponderance Of evidence.
QUESTION NO.1
Did the if any, Of those named below prOximately cause in question?
negligence, theinjury
Answer “Yes” or “No” fer each of the following:
‘1. Jameséome‘z‘ »' ,
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T, ye; a
Answer Questions No. 2, 3, and 4 if you answered “Yes” for James Gomez to No.
Question
1. Otherwise, do not answer Questions No. 2, 3 and
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4.
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QUESTION No.2
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On the occas1on1n question, was James Gomez act1ng as an employee'of Exclus1ve
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Nationwide Delivery, Inc.?
An “employee” is a person in the service of another with the understanding, express or
implied, that such other personhas the right to direct the details of the work and not
lm’erely
the result to be accomplished.’
‘ '
” An
A person is not acting as, an employee if he1S acting as an contractOI.
independent cOntractor is a person who, in pursuit of an “independent
independent business, undertakes to do specific work for another person, using his oWn
_ means and methods without submitting himself to the control of such other person with
respect to the details of the work, and who representsthe will of such other person only
as a result of his work and not as to the means by which it is accomplished.
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-Answer “Yes" or “No”:
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N__O___
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Answer. .'
QUESTION N0. 3
Onthe occasion in questiOn,'was James Gomez-Operating the‘Vehi‘cle in the furtherance of
[a mission for the benefit of ExclUsive Nationwide Delivery, Inc. and subject to Control by
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J Exclusive Nationwide DeliVery, Inc. to the details of thermission?
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,Answer “Yes” or “No.”
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Answer: NO 1"
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Q UESTION No. 4
What Sum of money, if paid now in cash, would fairly and reasonably compensate Vashone
for his injuries, if any, that resulted from the occurrence in question?
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‘Rhodes.
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. That13, do not compensate tWice
for
the same loss, if Do not include interest on any amount damagesyoufind.
any. of
Answer separately,In dollars and cents, fortdamages, if any. Do not reduce the amounts, if I
_ any, in your‘answers because of the negligence, if any, of Vashone Rhodes. Any recovery will be“
determined by the when it applies the law to your answers at the time of judgment.
court
Do not include any amount for any injury or condition that did not result from the
occurrence in question.
Do nOt include any amount for any condition resulting from the failure, if any, of Vashone \
Rhodes to have actedas a person of ordinary prudence would haVe done under the sarhe or similar
and treating his1njuries, if any, that resulted frbm the
'
circumstances in 1n
caring for occurrence
question.
a. of necessary medical care incurred in the past.
Reasonable expenses
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cents for damages,if any.
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indollars _ .
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Answer and ‘1
AnsWer: $ 11L(086$ 00
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b. Reasonable expenses of necessary medical care that, in
reasonable probability,
Vashone Rhodes mom in the future. 1 »
will /
Answer in dollars and cents for damages, if any.
Answer: 3%
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j) 00 "
, c. Physical impairment sustained in the past.
Answer in dollars-and. cents for damages, if any.
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Answer2$ a 1
Physical impairment in reasonable probability, Vashone Rhodes sustain
in the future. that, - will
Answer in.dollars and cents for damages, if any. '-
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Answer:$ h. 0!; _
Physical pain and suffering sustained in the past.
Answer in dollars and cents for damages, if any.
AnsWer: $ \1 900 .00
Q1
Physical pain and suffering that, in reasonable probability, Vashone Rhodes will
sustain in the future. -
Answer. in dollars and cents for damages, if any
Answer: $ 0. ( X 2
Presiding Juror-z
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;
9—9
write down the answers you agree on;
get the signatures for the verdict certificate; and
rm
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:
l. 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.
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3. All jurors shoulddeliberate on every question. You may end up with all twelve of you
on other answers. But
agreeing on some answers, while only ten or eleven of you agree
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.
AIESHA REDMOND, JUDGE
160T“ DISTRICT COURT
Verdict Certificate ‘
Check one;
Our verdict is unanimous. All twelve of us have agreed to each and every answer. The
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presidingJuror has signed the certificate for all twelve of us.
neg
Signature ofiPresiding Juror Printed Name of Presiding Juror
Our verdict is not unanimous. Eleven of us have agreed to each and every answer and have
signed the certificate below.
1/ Our verdict is not unanimous. Ten of us have agreed to each and every answer and have
signed the certificate below.
Signature Printed Name
LMWL/ * ‘
Cam/K as)“.
Vdm ,0
[RV
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Lope—9,
Micanéu I’MD’BMSéfL
Jul-J u HOMIE
M/'H¢H:L7+ 6k7kfi~N
JZEX 0/30/74“
M—L _
Z
MINOA fiAt/mgm
flfiN—«Kvfi gr‘fiw R‘v’m/
fl/IWA/fi/UQ/Q
1o. é fiJGEKMflflTJF/
fl Jose .
[[0 air/A
Preview
*1 “ I ,QbRIGINAL ' I CAUSE N0.JDC-19-’1‘092’6 VASHONE RHODES § IN THE JUDIC “rs; CT // ’ ‘ ' § 00' 'v. , g, § 160TH DISTRICT CO‘Z,‘ 9;, . JAMES GOMEZ AND EXCLUSIVE NATIONWIDE DELIVERY, INC. , . . , § § § . . , _ DALLAS COUNTY, TEXA§°oT,; <5; " CHARGE OF THE COURT ‘ MEMBERS OF THE JURY: .J After the closing arguments, you will go Io the jury room to decide the case, answer the questions that are attached, and reach a verdict. You may discuss the case otherJurors only with when you are all togetherIn theJury room. _ Remember my previous instructions: Do not discuss the case with anyone else, eitherIn person or by any other means. Do not do any independent investigation about the case or conduct any research. Do not look up any words1n 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 device during deliberations for any 'reason. ' -” , electronic > r your , . Any notes you have taken are for your own personal use. You may take your notes back into theJury room and consult them during deliberations, but do not show or read your notes to your fellowJurors 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 anOtherJuror not taken notes. ' 'has or has 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 kept1n a safe, secure location and not disclosed to anyone. After the you complete your deliberations, . bailiff will collect yOur notes. When you are released from Jury duty, the bailiff will promptly notes so that nobodycan read what you wrote. destroy your Here are the instructions for answering the questions. 1.‘ DO not let bias, prejudice, or sympathy play any in your part decision. 2. Base. your answers only onthe evidence admittedIn court and On the law that is in these . / instructions and questions. Do not consider. or discuss any evidence thatwas not admitted ‘ COurtroom. . - in)the 3. You are to make up yourOwn 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 wordin a way that15 different from its ordinary meaning, use the ' meaning I you, which will be a proper legal definition. give 5. All the questions and answers are important. No one should any question 0r answer say that is not important. 6. . Answer yes’ "or "no ’to all questions unless youare told otherwise. be based on a preponderance of the evidence, unless you are told otherwise. Ayes’If ’answer must you do not I find that a preponderance of the evidence supports a ""yes. answer, then answer n"o.' LWhenever a question requires an- answer other than “yes” or “no,"iuyour' answer must be based on a of the evidence, unless you.ar'e otherWise. preponderance told \ . The term' 'preponderance of the evidence" means the greater weight of credible evidence ' presented1n this case‘.‘ you do not find that a preponderance of the eVidence supports ‘-‘”yes a answer, then answer‘ r1If ’A preponderance of the ev\idence15 not measured by the number of » w1tnesses or by the number of documents admitted1n evidence. For a fact to be proved by a preponderance of the evidence, you must find that the fact1s more l1kely~ true than not true. ‘ ‘ A fact may be establi‘Shed by direct evidence or by ciréuihstantial evidence or both. .A fact. ' r is established by direct evidence when prdved by documentary evidence or by witnesses who saw . the act done or heard the words spoken. A fact1s established by circumstantial evidence when it may be fairly and reasonably inferred from other facts proved“ ‘ 7. Do not decide whoyou think should win before you answer the questions and then just 4 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. ‘ ' Do not answer questions by drawing straws or by any method of chariCe. ' 8. i 9. . Some questions might ask you for a dollar amount. Donot agree in\ advance to decide on a ‘ dollar/amount by adding up eachjuror’ 5 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 way. \ — my . ll. ' Unless otherwise instructed, the answers to the questiOns must be based on the decision of ' at least ten of the twelve jurors. The same ten jurors must agree on every answer. Do not agree to be bound by of anything less than ten jurors, even if it would be a majority. f alvote if you do not follow these instructions, you will be guilty ofjuror As I have said before, misconduct, and I might have to order a new trial and start this process over again. This would wasteyour time and the parties’ money, and would require the taxpayers of this county to pay fOr ' . 7 anOther trial. If a jUror breaks any of these rules, tell that person to stop / and report it'to' me ‘ immediately. ‘ DEFENITIONS i \ . _ “Negligence” means failure to use ordinary care, that13, failing to do that which a person of ordinary prudence would have done under the same 0r similar circumstances or doing that which " a of ordinaryprudence would have the same or similar circumstances. person not done under' 1 ’ “Ordinary care” means that degree of care that would be used by a person of ordinary prudence under same or similar circumstances. the . .. . t . \ . . “Prox1mate cause” means a cause that was a substant1al factor 1n br1ng1ng about an 1njury, . ‘ and without which cause suchinjury 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 the1njury, or some similar1njury, "might reasonably result therefrom. There may be than one proximate cause of an ~more injury. , Answer “yes” or “no” to the following questions unless otherwise instructed. A “yes” answer 1 must be based on a preponderance of the evidence. If you do not find that a preponderance - ” Answer all other questions by a , of the evidence supports a “yes” answer, then answer the “no. preponderance Of evidence. QUESTION NO.1 Did the if any, Of those named below prOximately cause in question? negligence, theinjury Answer “Yes” or “No” fer each of the following: ‘1. Jameséome‘z‘ »' , . T, ye; a Answer Questions No. 2, 3, and 4 if you answered “Yes” for James Gomez to No. Question 1. Otherwise, do not answer Questions No. 2, 3 and 1 4. \ QUESTION No.2 1 ll u’ “ ‘ h i ' I ' ' ‘ . . . u I. . . On the occas1on1n question, was James Gomez act1ng as an employee'of Exclus1ve _ A Nationwide Delivery, Inc.? An “employee” is a person in the service of another with the understanding, express or implied, that such other personhas the right to direct the details of the work and not lm’erely the result to be accomplished.’ ‘ ' ” An A person is not acting as, an employee if he1S acting as an contractOI. independent cOntractor is a person who, in pursuit of an “independent independent business, undertakes to do specific work for another person, using his oWn _ means and methods without submitting himself to the control of such other person with respect to the details of the work, and who representsthe will of such other person only as a result of his work and not as to the means by which it is accomplished. \ -Answer “Yes" or “No”: ll N__O___ l . . Answer. .' QUESTION N0. 3 Onthe occasion in questiOn,'was James Gomez-Operating the‘Vehi‘cle in the furtherance of [a mission for the benefit of ExclUsive Nationwide Delivery, Inc. and subject to Control by \ \. ~. ' I .e K J Exclusive Nationwide DeliVery, Inc. to the details of thermission? es » ,Answer “Yes” or “No.” ' Answer: NO 1" b Q UESTION No. 4 What Sum of money, if paid now in cash, would fairly and reasonably compensate Vashone for his injuries, if any, that resulted from the occurrence in question? - ‘Rhodes. 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. That13, do not compensate tWice for the same loss, if Do not include interest on any amount damagesyoufind. any. of Answer separately,In dollars and cents, fortdamages, if any. Do not reduce the amounts, if I _ any, in your‘answers because of the negligence, if any, of Vashone Rhodes. Any recovery will be“ determined by the when it applies the law to your answers at the time of judgment. court Do not include any amount for any injury or condition that did not result from the occurrence in question. Do nOt include any amount for any condition resulting from the failure, if any, of Vashone \ Rhodes to have actedas a person of ordinary prudence would haVe done under the sarhe or similar and treating his1njuries, if any, that resulted frbm the ' circumstances in 1n caring for occurrence question. a. of necessary medical care incurred in the past. Reasonable expenses ' i cents for damages,if any. ‘ indollars _ . 9 Answer and ‘1 AnsWer: $ 11L(086$ 00 1 l b. Reasonable expenses of necessary medical care that, in reasonable probability, Vashone Rhodes mom in the future. 1 » will / Answer in dollars and cents for damages, if any. Answer: 3% ’- j) 00 " , c. Physical impairment sustained in the past. Answer in dollars-and. cents for damages, if any. ‘ ' ~. I bbD ' ‘ ' Answer2$ a 1 Physical impairment in reasonable probability, Vashone Rhodes sustain in the future. that, - will Answer in.dollars and cents for damages, if any. '- /" Answer:$ h. 0!; _ Physical pain and suffering sustained in the past. Answer in dollars and cents for damages, if any. AnsWer: $ \1 900 .00 Q1 Physical pain and suffering that, in reasonable probability, Vashone Rhodes will sustain in the future. - Answer. in dollars and cents for damages, if any Answer: $ 0. ( X 2 Presiding Juror-z 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; 9—9 write down the answers you agree on; get the signatures for the verdict certificate; and rm 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: l. 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 shoulddeliberate on every question. You may end up with all twelve of you on other answers. But agreeing on some answers, while only ten or eleven of you agree 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. AIESHA REDMOND, JUDGE 160T“ DISTRICT COURT Verdict Certificate ‘ Check one; Our verdict is unanimous. All twelve of us have agreed to each and every answer. The ' ‘ presidingJuror has signed the certificate for all twelve of us. neg Signature ofiPresiding Juror Printed Name of Presiding Juror Our verdict is not unanimous. Eleven of us have agreed to each and every answer and have signed the certificate below. 1/ Our verdict is not unanimous. Ten of us have agreed to each and every answer and have signed the certificate below. Signature Printed Name LMWL/ * ‘ Cam/K as)“. Vdm ,0 [RV _ Lope—9, Micanéu I’MD’BMSéfL Jul-J u HOMIE M/'H¢H:L7+ 6k7kfi~N JZEX 0/30/74“ M—L _ Z MINOA fiAt/mgm flfiN—«Kvfi gr‘fiw R‘v’m/ fl/IWA/fi/UQ/Q 1o. é fiJGEKMflflTJF/ fl Jose . [[0 air/A