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FILED
9/27/2023 3:40 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Debra Clark DEPUTY
CAUSE NO. DC-23-01983
JONATHAN SMITH, JR., IN THE DISTRICT COURT
§§§§§§§§§§§§§§§
Plaintiffi
DALLAS COUNTY, TEXAS
SOMSACK SOUPHANNAVONG;
STERLING EAGLE TRANSPORT,
LLC; J.B. HUNT TRANSPORT, INC.;
AND J .B. HUNT TRANSPORT
SERVICES, INC.
Defendants. 134TH JUDICIAL COURT
DEFENDANTS’ MOTION TO BIFURCATE
TO THE HONORABLE JUDGE 0F SAID COURT:
Comes now, Defendants, Somsack Souphannavong and Sterling Eagle Transport,
(“Defendants”), in the above-styled and numbered cause, and file this their Motion to
Bifilrcate Trial. In support thereof, Defendants would respectfillly show the Court the
following:
|
I. |
l. Defendants move for bifurcation of trial pursuant to Tex. Civ. Prac. & Rem. Code
§72.052, which requires the Court to bifurcate trial as follows:
a. Sec. 72.052. BIFURCATED TRIAL IN CERTAIN COMMERICAL
MOTOR VEHICLE ACCIDENT ACTIONS.
i. In a civil action under this subchapter, on motion by a Defendant,
the Court shall provide for a bifurcated trial under this section.
ii. A motion under this section shall be made on or before the later of:
DEFENDANTS’ MOTION To BIFURCATE PAGE 1
1. The 120th day after the date the Defendant bringing the
motion files the Defendant’s original answer; or
2. The 30th day after the date a claimant files a pleading adding
a claim or cause of action against the Defendant bringing the
motion.
iii. The trier of fact shall determine liability for and the amount of
compensatory damage in the first phase of a bifurcated trial under
this section.
iv. The trier of fact shall determine liability for and the amount of
exemplary damages in the second phase of a bifurcated trial under
this section.
V. For purposes of this section, a finding by the trier of fact in the first
phase of a bifurcated trial that an employee Defendant was negligent
in operating an employer Defendant’s commercial motor vehicle
may serve as a basis for the claimant to proceed in the second phase
of the trial on a claim against the employer Defendant, such as
negligent entrustment, that requires a finding by the trier of fact that
the employee was negligent in operating the vehicle as a prerequisite
to the employer Defendant being found negligent in relation to the
employee Defendant’s operation of the vehicle. This subsection
does not apply to a claimant who has pursued a claim described by
this subsection in the first phase of a trial that is bifurcated under
this section.
DEFENDANTS’ MOTION To BIFURCATE PAGE 2
II.
2. Defendants would show that this, their Motion and stipulation pursuant to Tex. CiV.
Prac. & Rem. Code §72.054, were made on or before the later of the 120th day after the
date Defendants filed their Original Answer; or the 30th day after the date Plaintiff filed a
pleading adding a claim or cause of action against Defendants.
3. Accordingly, Defendants’ liability for damages caused by the ordinary negligence
of a person operating the Defendant, Sterling Eagle Transport, Inc’s, commercial motor
vehicle, if any, determined in the first phase of the trial shall be based only on respondent
superior, since Defendants stipulate that, at the time of the accident, the person operating
the vehicle was: (l) the Defendan ’s “employee” as defined Tex. CiV. Prac. & Rem. Code
§72.01(6); and (2) acting Within the scope of employment.
4. Upon bifurcation, a claimant may not, in the first phase of the trial, present evidence
on an ordinary negligence claim against Defendants that requires a finding by the trier of
fact that its employee was negligent in operating a vehicle as a prerequisite to Defendants
being found negligent in relation to the employee Defendant’s operation of the vehicle,
including but not limited to negligent entrustment, and negligent hiring, training,
supervision, monitoring and retention, and gross negligence.
III.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendants pray that this Motion to
Bifiircate be granted and that the employer liability and exemplary damages issues be tried
separately from the negligence case against the Defendant, Somsack Souphannavong, and
DEFENDANTS’ MOTION To BIFURCATE PAGE 3
for such other and further relief as Defendants, Sterling Eagle Transport, Inc. and Somsack
Souphannavong, may show themselves justly entitled.
Respectfully submitted,
THE BASSETT FIRM
/s/ Nina V. Lariscy
MICHAEL H. BASSETT
SBN: 01890500
mbassett@thebassettfirm.com
NINA V. LARISCY
SBN: 24071179
nlariscy@thebassettfirm.com
Two Turtle Creek Village
3838 Oak Lawn Avenue, Suite 1300
Dallas, Texas 75219
(214) 219-9900 Telephone
(214) 219-9456 Facsimile
eService: efile@thebassettfirm.com
ATTORNEYS FOR DEFENDANTS,
STERLING EAGLE TRANPORT AND
SOMSACK SOUPHANNAVONG
CERTIFICATE OF CONFERENCE
I hereby certify that I conferred Via electronic correspondence With counsel for the
Co-Defendants in this matter and counsel for the Plaintiff.
Counsel for the Co-Defendants stated they are unopposed to this Motion.
I did not receive a response from counsel for the Plaintiff as to their position on this
Motion.
/s/ Nina V. Lariscy
NINA V. LARISCY
DEFENDANTS’ MOTION To BIFURCATE PAGE 4
CERTIFICATE OF SERVICE
I hereby certify that on this the 27th day of September 2023, a true and correct copy
of the foregoing was served electronically on all counsel of record Via the court’s ECF
filing system.
/s/ Nina V. Lariscy
NINA V. LARISCY
DEFENDANTS’ MOTION To BIFURCATE PAGE 5
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Jennifer Graig on behalf of Nina Lariscy
Bar No. 24071179
jgraig@thebassettfirm.com
Envelope ID: 80010849
Filing Code Description: Motion - Bifurcate
Filing Description: DEFS
Status as of 9/27/2023 3:49 PM CST
Associated Case Party: JONATHAN SMITH
Name BarNumber Email TimestampSubmitted Status
Mitch Miers mitch.miers@witheritelaw.com 9/27/2023 3:40:57 PM SENT
VICTOR RODRIGUEZ V|CTOR_RODR|GUEZ@W|THER|TELAW.COM 9/27/2023 3:40:57 PM ERROR
Associated Case Party: J.B. HUNT TRANSPORT, INC
Name BarNumber Email TimestampSubmitted Status
Zach Mayer zmayer@mayerllp.com 9/27/2023 3:40:57 PM SENT
Van (Trey)Parham tparham@mayerllp.com 9/27/2023 3:40:57 PM SENT
Lorie Taylor Itaylor@mayerllp.com 9/27/2023 3:40:57 PM SENT
Associated Case Party: J.B. HUNT TRANSPORT SERVICES, INC.
Name BarNumber Email TimestampSubmitted Status
Rosario Morin rosario@fuentesfirm.com 9/27/2023 3:40:57 PM SENT
Amy Ramirez amy@fuentesfirm.com 9/27/2023 3:40:57 PM SENT
Patricia Fernandez patricia@fuentesfirm.com 9/27/2023 3:40:57 PM SENT
Amanda Roundtree amanda@fuentesfirm.com 9/27/2023 3:40:57 PM SENT
Alyssa Huerta ahuerta@fuentesfirm.com 9/27/2023 3:40:57 PM SENT
Sarah Dika Sarah@fuentesfirm.com 9/27/2023 3:40:57 PM SENT
Fuentes Firm efiletx@fuentesfirm.com 9/27/2023 3:40:57 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Jennifer Graig on behalf of Nina Lariscy
Bar No. 24071179
jgraig@thebassettfirm.com
Envelope ID: 80010849
Filing Code Description: Motion - Bifurcate
Filing Description: DEFS
Status as of 9/27/2023 3:49 PM CST
Case Contacts
Trey Parham tparham@mayerllp.com 9/27/2023 3:40:57 PM SENT
Associated Case Party: SOMSACK SOUPHANNAVONG
Name BarNumber Email TimestampSubmitted Status
Nina Lariscy efile@thebassettfirm.com 9/27/2023 3:40:57 PM SENT
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FILED 9/27/2023 3:40 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Debra Clark DEPUTY CAUSE NO. DC-23-01983 JONATHAN SMITH, JR., IN THE DISTRICT COURT §§§§§§§§§§§§§§§ Plaintiffi DALLAS COUNTY, TEXAS SOMSACK SOUPHANNAVONG; STERLING EAGLE TRANSPORT, LLC; J.B. HUNT TRANSPORT, INC.; AND J .B. HUNT TRANSPORT SERVICES, INC. Defendants. 134TH JUDICIAL COURT DEFENDANTS’ MOTION TO BIFURCATE TO THE HONORABLE JUDGE 0F SAID COURT: Comes now, Defendants, Somsack Souphannavong and Sterling Eagle Transport, (“Defendants”), in the above-styled and numbered cause, and file this their Motion to Bifilrcate Trial. In support thereof, Defendants would respectfillly show the Court the following: | I. | l. Defendants move for bifurcation of trial pursuant to Tex. Civ. Prac. & Rem. Code §72.052, which requires the Court to bifurcate trial as follows: a. Sec. 72.052. BIFURCATED TRIAL IN CERTAIN COMMERICAL MOTOR VEHICLE ACCIDENT ACTIONS. i. In a civil action under this subchapter, on motion by a Defendant, the Court shall provide for a bifurcated trial under this section. ii. A motion under this section shall be made on or before the later of: DEFENDANTS’ MOTION To BIFURCATE PAGE 1 1. The 120th day after the date the Defendant bringing the motion files the Defendant’s original answer; or 2. The 30th day after the date a claimant files a pleading adding a claim or cause of action against the Defendant bringing the motion. iii. The trier of fact shall determine liability for and the amount of compensatory damage in the first phase of a bifurcated trial under this section. iv. The trier of fact shall determine liability for and the amount of exemplary damages in the second phase of a bifurcated trial under this section. V. For purposes of this section, a finding by the trier of fact in the first phase of a bifurcated trial that an employee Defendant was negligent in operating an employer Defendant’s commercial motor vehicle may serve as a basis for the claimant to proceed in the second phase of the trial on a claim against the employer Defendant, such as negligent entrustment, that requires a finding by the trier of fact that the employee was negligent in operating the vehicle as a prerequisite to the employer Defendant being found negligent in relation to the employee Defendant’s operation of the vehicle. This subsection does not apply to a claimant who has pursued a claim described by this subsection in the first phase of a trial that is bifurcated under this section. DEFENDANTS’ MOTION To BIFURCATE PAGE 2 II. 2. Defendants would show that this, their Motion and stipulation pursuant to Tex. CiV. Prac. & Rem. Code §72.054, were made on or before the later of the 120th day after the date Defendants filed their Original Answer; or the 30th day after the date Plaintiff filed a pleading adding a claim or cause of action against Defendants. 3. Accordingly, Defendants’ liability for damages caused by the ordinary negligence of a person operating the Defendant, Sterling Eagle Transport, Inc’s, commercial motor vehicle, if any, determined in the first phase of the trial shall be based only on respondent superior, since Defendants stipulate that, at the time of the accident, the person operating the vehicle was: (l) the Defendan ’s “employee” as defined Tex. CiV. Prac. & Rem. Code §72.01(6); and (2) acting Within the scope of employment. 4. Upon bifurcation, a claimant may not, in the first phase of the trial, present evidence on an ordinary negligence claim against Defendants that requires a finding by the trier of fact that its employee was negligent in operating a vehicle as a prerequisite to Defendants being found negligent in relation to the employee Defendant’s operation of the vehicle, including but not limited to negligent entrustment, and negligent hiring, training, supervision, monitoring and retention, and gross negligence. III. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants pray that this Motion to Bifiircate be granted and that the employer liability and exemplary damages issues be tried separately from the negligence case against the Defendant, Somsack Souphannavong, and DEFENDANTS’ MOTION To BIFURCATE PAGE 3 for such other and further relief as Defendants, Sterling Eagle Transport, Inc. and Somsack Souphannavong, may show themselves justly entitled. Respectfully submitted, THE BASSETT FIRM /s/ Nina V. Lariscy MICHAEL H. BASSETT SBN: 01890500 mbassett@thebassettfirm.com NINA V. LARISCY SBN: 24071179 nlariscy@thebassettfirm.com Two Turtle Creek Village 3838 Oak Lawn Avenue, Suite 1300 Dallas, Texas 75219 (214) 219-9900 Telephone (214) 219-9456 Facsimile eService: efile@thebassettfirm.com ATTORNEYS FOR DEFENDANTS, STERLING EAGLE TRANPORT AND SOMSACK SOUPHANNAVONG CERTIFICATE OF CONFERENCE I hereby certify that I conferred Via electronic correspondence With counsel for the Co-Defendants in this matter and counsel for the Plaintiff. Counsel for the Co-Defendants stated they are unopposed to this Motion. I did not receive a response from counsel for the Plaintiff as to their position on this Motion. /s/ Nina V. Lariscy NINA V. LARISCY DEFENDANTS’ MOTION To BIFURCATE PAGE 4 CERTIFICATE OF SERVICE I hereby certify that on this the 27th day of September 2023, a true and correct copy of the foregoing was served electronically on all counsel of record Via the court’s ECF filing system. /s/ Nina V. Lariscy NINA V. LARISCY DEFENDANTS’ MOTION To BIFURCATE PAGE 5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Jennifer Graig on behalf of Nina Lariscy Bar No. 24071179 jgraig@thebassettfirm.com Envelope ID: 80010849 Filing Code Description: Motion - Bifurcate Filing Description: DEFS Status as of 9/27/2023 3:49 PM CST Associated Case Party: JONATHAN SMITH Name BarNumber Email TimestampSubmitted Status Mitch Miers mitch.miers@witheritelaw.com 9/27/2023 3:40:57 PM SENT VICTOR RODRIGUEZ V|CTOR_RODR|GUEZ@W|THER|TELAW.COM 9/27/2023 3:40:57 PM ERROR Associated Case Party: J.B. HUNT TRANSPORT, INC Name BarNumber Email TimestampSubmitted Status Zach Mayer zmayer@mayerllp.com 9/27/2023 3:40:57 PM SENT Van (Trey)Parham tparham@mayerllp.com 9/27/2023 3:40:57 PM SENT Lorie Taylor Itaylor@mayerllp.com 9/27/2023 3:40:57 PM SENT Associated Case Party: J.B. HUNT TRANSPORT SERVICES, INC. Name BarNumber Email TimestampSubmitted Status Rosario Morin rosario@fuentesfirm.com 9/27/2023 3:40:57 PM SENT Amy Ramirez amy@fuentesfirm.com 9/27/2023 3:40:57 PM SENT Patricia Fernandez patricia@fuentesfirm.com 9/27/2023 3:40:57 PM SENT Amanda Roundtree amanda@fuentesfirm.com 9/27/2023 3:40:57 PM SENT Alyssa Huerta ahuerta@fuentesfirm.com 9/27/2023 3:40:57 PM SENT Sarah Dika Sarah@fuentesfirm.com 9/27/2023 3:40:57 PM SENT Fuentes Firm efiletx@fuentesfirm.com 9/27/2023 3:40:57 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Jennifer Graig on behalf of Nina Lariscy Bar No. 24071179 jgraig@thebassettfirm.com Envelope ID: 80010849 Filing Code Description: Motion - Bifurcate Filing Description: DEFS Status as of 9/27/2023 3:49 PM CST Case Contacts Trey Parham tparham@mayerllp.com 9/27/2023 3:40:57 PM SENT Associated Case Party: SOMSACK SOUPHANNAVONG Name BarNumber Email TimestampSubmitted Status Nina Lariscy efile@thebassettfirm.com 9/27/2023 3:40:57 PM SENT