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FILED
3/14/2022 3:34 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Rosa Delacerda DEPUTY
CAUSE NO. DC-20-02088
JACQUELINE MOBLEY IN THE DISTRICT COURT
Plaintiff,
v. 14TH JUDICIAL DISTRICT
MARIA ORTIZ
Defendant. DALLAS COUNTY, TEXAS
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
Ladies and Gentlemen of the Jury:
This case is submitted to you by asking questions about the facts, which you must decide
from the evidence you have heard in this trial. You are the sole judges of the credibility of the
witnesses and the weight to be given their testimony, but in matters of law, you must be
governed by the instructions in this charge. In discharging your responsibility on this jury, you
will observe all the instructions which have previously been given you.
Remember my previous instructions: Do not discuss this case with anyone else, either in
person or by any other means. Do not do any independent investigation about the case or
conduct any research. Do not look up any words in 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 electronic device during your
deliberations for any reason.
Any notes you have taken are for your own personal use. You may take your notes back
into the jury room and consult them during deliberations, but do not show or read your notes to
your fellow jurors 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
another juror has or has not taken notes. 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 kept in a safe, secure location and not disclosed to anyone.
After you complete your deliberations, the bailiff will collect your notes. When you are released
from jury duty, the bailiff will promptly destroy your notes so that nobody can read what you
wrote.
I shall now give you additional instructions which you should carefully and strictly follow during
your deliberations.
1. Do not let bias, prejudice or sympathy play any part in your deliberations.
2. Base your answers only on what was presented in court and on the law that is in
these instructions and questions. Do not consider or discuss any evidence that was not
presented in the courtroom.
Mobley vs. Ortiz PAGE 5
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
3. You are to make up your own 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 word in a way that is different from its ordinary meaning,
use the meaning I give you, which will be a proper legal definition.
5. All the questions and answers are important. No one should say that any question
or answer is not important.
6. Answer "yes" or "no" to all questions unless you are told otherwise. A "yes"
answer must be based on a preponderance of the evidence [unless you are told
otherwise]. Whenever a question requires an answer other than "yes" or "no," your
answer must be based on a preponderance of the evidence [unless you are told
otherwise].
The term "preponderance of the evidence" means the greater weight of credible
evidence presented in this case. If you do not find that a preponderance of the evidence
supports a "yes" answer, then answer "no." A preponderance of the evidence is not
measured by the number of witnesses or by the number of documents admitted in
evidence. For a fact to be proved by a preponderance of the evidence, you must find that
the fact is more likely true than not true.
7. Do not decide who you think should win before you answer the questions and
then just 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.
8. Do not answer questions by drawing straws or by any method of chance.
9. Some questions might ask you for a dollar amount. Do not agree in advance to
decide on a dollar amount by adding up each juror's 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 my way."
11. [Unless otherwise instructed] The answers to the questions must be based on the
decision of at least 10 of the 12 jurors. The same 10 jurors must agree on every answer.
Do not agree to be bound by a vote of anything less than 10 jurors, even if it would be a
majority.
As I have said before, if you do not follow these instructions, you will be guilty of juror
misconduct, and I might have to order a new trial and start this process over again. This would
waste your time and the parties' money and would require the taxpayers of this county to pay for
another trial. If a juror breaks any of these rules, tell that person to stop and report it to me
immediately.
Mobley vs. Ortiz PAGE 6
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
The Court now gives you certain definitions of terms used in this charge, by which you
will be governed in arriving at your answers to the questions submitted to you.
"Preponderance of the evidence" means the greater weight and degree of credible testimony or
evidence introduced before you and admitted in evidence in this case. A preponderance of the
evidence is not measured by the number of witnesses or by the documents admitted into evidence.
For a fact to be proven by a preponderance of the evidence, you must find that the fact is more
likely true than not true.
"Negligence" means failure to use ordinary care that is, failing to do that which a person of
ordinary prudence would have done under the same or similar circumstances or doing that which
a person of ordinary prudence would not have done under the same or similar circumstances.
"Ordinary care" means that degree of care that would be used by a person of ordinary prudence
under the same or similar circumstances.
"Proximate cause" means a cause that was a substantial factor in bringing about an event, and
without which cause such event 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 the event, or some similar event, might reasonably result therefrom. There may be
more than one proximate cause of an event.
If a person is confronted by an “emergency" arising suddenly and unexpectedly, which was not
proximately caused by any negligence on his part and which, to a reasonable person, requires
immediate action without time for deliberation, his conduct in such an emergency is not
negligence or failure to use ordinary care if, after such emergency arises, he acts as a person of
ordinary prudence would have acted under the same or similar circumstances.
An occurrence may be an "unavoidable accident", that is, an event not proximately caused by the
negligence of any party to it.
If an occurrence is caused solely by an “act of God," it is not caused by the negligence of any
person. An occurrence is caused by an act of God if it is caused directly and exclusively by the
violence of nature, without human intervention or cause, and could not have been prevented by
reasonable foresight or care.
Mobley vs. Ortiz PAGE 7
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
QUESTION NO. 1:
Did the negligence, if any, of the persons named below proximately cause the occurrence in
question?
Answer "Yes" or "No" for each of the following:
a. MARIA ORTIZ
b. JACQUELINE MOBLEY
Mobley vs. Ortiz PAGE 8
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
If, in answer to Question 1, you found that the negligence of more than one of the persons named
below proximately caused the occurrence, then answer Question 2. Otherwise, do not answer
Question 2.
QUESTION NO. 2:
What percentage of the negligence that caused the occurrence do you find to be attributable to
each of those found by you, in your answer to Question 1, to have been negligent?
The percentage you find must total 100 percent. The negligence attributable to a person named
below is not necessarily measured by the number of acts or omissions found.
a. MARIA ORTIZ
b. JACQUELINE MOBLEY
Total 100%
Mobley vs. Ortiz PAGE 9
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
Answer Question 3 if you answered “Yes" for MARIA ORTIZ to Question 1 and answered:
1. “No" for JACQUELINE MOBLEY to Question 1 or
2. 50 percent or less for MARIA ORTIZ to Question 2.
Otherwise, do not answer Question 3.
QUESTION NO. 3:
What sum of money, if paid now in cash, would fairly and reasonably compensate Jacqueline
Mobley for his/her injuries, if any, that resulted from the occurrence in question?
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. That is, do not compensate twice for
the same loss, if any. Do not include interest on any amount of damages you find.
Answer separately, in dollars and cents, for damages, if any. Do not reduce the amounts, if any,
in your answers because of the negligence, if any, of Jacqueline Mobley.
Any recovery will be determined by the court when it applies the law to your answers at the time
of judgment.
Elements
a. Physical pain and mental anguish sustained in the past.
Answer: $
“Mental anguish" is defined as intense pain of body or mind or high degree of mental suffering,
involving more than mere worry, anxiety, vexation, or anger.
b. Physical pain and mental anguish that, in reasonable probability, Jacqueline Mobley
will sustain in the future.
Answer: $
c. Loss of earning capacity sustained in the past.
Answer: $
d. Loss of earning capacity that, in reasonable probability, Jacqueline Mobley will
sustain in the future.
Answer: $
e. Physical impairment sustained in the past.
Mobley vs. Ortiz PAGE 10
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
Answer: $
f. Physical impairment that, in reasonable probability, Jacqueline Mobley will sustain in
the future.
Answer: $
g. Medical care expenses incurred in the past.
Answer: $
h. Medical care expenses that, in reasonable probability, Jacqueline Mobley will incur in
the future.
Answer: $
Mobley vs. Ortiz PAGE 11
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
Answer Question 4 if you answered “Yes" for MARIA ORTIZ to Question 1 and answered:
1. “No" for JACQUELINE MOBLEY to Question 1, or
2. 50 percent or less for JACQUELINE MOBLEY to Question 2.
Otherwise, do not answer Question 4.
QUESTION NO. 4:
Cost of Repairs
What sum of money, if paid now in cash, would fairly and reasonably compensate Jacqueline
Mobley for his/her damages, if any, for the repairs to and loss of use of his/her vehicle resulting
from the occurrence in question?
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. That is, do not compensate twice for
the same loss, if any. Do not include interest on any amount of damages you find.
Do not reduce the amount, if any, in your answers because of the negligence, if any, of
Jacqueline Mobley. Any recovery will be determined by the court when it applies the law to
your answers at the time of judgment.
a. Cost of repairs.
Consider the reasonable cost in Dallas County, Texas, to restore the vehicle to the
condition it was in immediately before the occurrence in question.
Answer in dollars and cents for damages, if any.
Answer: $
b. Loss of use of vehicle.
Consider the reasonable value of the use of a vehicle in the same class as the vehicle in
question for the period of time required to repair the damage, if any, caused by the occurrence in
question.
Answer in dollars and cents for damages, if any.
Answer: $
Market Value
What is the difference in the market value in Dallas County, Texas, of the vehicle driven by
Jacqueline Mobley immediately before and immediately after the occurrence in question?
Mobley vs. Ortiz PAGE 12
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
“Market value" means the amount that would be paid in cash by a willing buyer
who desires to buy, but is not required to buy, to a willing seller who desires to
sell, but is under no necessity of selling.
Do not reduce the amount, if any, in your answer because of the negligence, if any, of Jacqueline
Mobley. Any recovery will be determined by the court when it applies the law to your answers at
the time of judgment.
Answer in dollars and cents for damages, if any.
Answer: $
Mobley vs. Ortiz PAGE 13
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
Presiding Juror
After you retire to the jury room, you will select your own Presiding Juror. The first
thing the Presiding Juror will do is to have this complete charge read aloud, and then you will
deliberate upon your answers to the questions asked. It is the duty of the Presiding Juror:
a. to preside during your deliberations;
b. to see that your deliberations are conducted in an orderly manner, and in
accordance with the instructions in this charge;
c. to write out and hand to the Bailiff any communication concerning the case which
you desire to have delivered to the Judge;
d. to vote on the issues;
e. to write your answers to the issues in the spaces provided; and
f. to certify to your verdict in the space provided for the Presiding Juror's signature,
or to obtain the signatures of all the jurors who agree with the verdict, if your
verdict is less than unanimous.
Instructions for Signing the Verdict Certificate:
1. You may answer the questions on a vote of 10 jurors. The same 10 jurors must agree on
every answer in the charge. This means you may not have one group of 10 jurors agree on one
answer and a different group of 10 jurors agree on another answer.
2. If 10 jurors agree on every answer, those 10 jurors sign the verdict.
If 11 jurors agree on every answer, those 11 jurors sign the verdict.
If all 12 of you agree on every answer, you are unanimous and only the presiding juror
signs the verdict.
3. All jurors should deliberate on every question. You may end up with all 12 of you
agreeing on some answers, while only 10 or 11 of you agree on other answers. But when you
sign the verdict, only those 10 who agree on every answer will sign the verdict.
After you have retired to consider your verdict, no one has any authority to communicate
with you except the Bailiff of this Court. You should not discuss the case with anyone, not even
with other members of the jury, unless all of you are present and assembled in the jury room.
Should anyone attempt to talk to you about the case before the verdict is returned, whether at the
courthouse, at your home, or elsewhere, please inform the Judge of this fact.
When you have answered all of the questions which you are required to answer under the
instructions of the Judge, and your Presiding Juror has placed your answers in the spaces
provided, and signed the verdict as Presiding Juror, or obtained the signatures, you will advise
the Bailiff at the door of the jury room that you have reached a verdict, and then you will return
into Court with your verdict.
The jury must certify to every answer in the verdict. The presiding juror may, on the
jury's behalf, make the required certificate for any answers on which the jury is unanimous. For
Mobley vs. Ortiz PAGE 14
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
any answers on which the jury is not unanimous, the jurors who agree must each make the
required certificate. If none of the jury's answers must be unanimous, the following certificate
should be used:
PRESIDING JUDGE
Mobley vs. Ortiz PAGE 15
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
The jury must certify to every answer in the verdict. The presiding juror may, on the jury's
behalf, make the required certificate for any answers on which the jury is unanimous. For any
answers on which the jury is not unanimous, the jurors who agree must each make the required
certificate. If none of the jury's answers must be unanimous, the following certificate should be used:
Certificate
We, the jury, have answered the above and foregoing questions as herein indicated, and
herewith return same into court as our verdict.
(To be signed by the presiding juror if the jury is unanimous.)
PRESIDING JUROR
Printed Name of Presiding Juror
(To be signed by those rendering the verdict if not unanimous.)
Mobley vs. Ortiz PAGE 16
DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE
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.
Lauren Lawrence on behalf of Lauren Lawrence
Bar No. 24098594
Lauren.Lawrence@allstate.com
Envelope ID: 62589160
Status as of 3/15/2022 8:16 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
LARRY ROLLE larryr@rbrl.com 3/14/2022 3:34:15 PM SENT
Associated Case Party: JACQUELINE MOBLEY
Name BarNumber Email TimestampSubmitted Status
Heather V.Banahan Nease heathern@rbrl.com 3/14/2022 3:34:15 PM SENT
Preview
FILED 3/14/2022 3:34 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Rosa Delacerda DEPUTY CAUSE NO. DC-20-02088 JACQUELINE MOBLEY IN THE DISTRICT COURT Plaintiff, v. 14TH JUDICIAL DISTRICT MARIA ORTIZ Defendant. DALLAS COUNTY, TEXAS DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE Ladies and Gentlemen of the Jury: This case is submitted to you by asking questions about the facts, which you must decide from the evidence you have heard in this trial. You are the sole judges of the credibility of the witnesses and the weight to be given their testimony, but in matters of law, you must be governed by the instructions in this charge. In discharging your responsibility on this jury, you will observe all the instructions which have previously been given you. Remember my previous instructions: Do not discuss this case with anyone else, either in person or by any other means. Do not do any independent investigation about the case or conduct any research. Do not look up any words in 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 electronic device during your deliberations for any reason. Any notes you have taken are for your own personal use. You may take your notes back into the jury room and consult them during deliberations, but do not show or read your notes to your fellow jurors 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 another juror has or has not taken notes. 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 kept in a safe, secure location and not disclosed to anyone. After you complete your deliberations, the bailiff will collect your notes. When you are released from jury duty, the bailiff will promptly destroy your notes so that nobody can read what you wrote. I shall now give you additional instructions which you should carefully and strictly follow during your deliberations. 1. Do not let bias, prejudice or sympathy play any part in your deliberations. 2. Base your answers only on what was presented in court and on the law that is in these instructions and questions. Do not consider or discuss any evidence that was not presented in the courtroom. Mobley vs. Ortiz PAGE 5 DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE 3. You are to make up your own 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 word in a way that is different from its ordinary meaning, use the meaning I give you, which will be a proper legal definition. 5. All the questions and answers are important. No one should say that any question or answer is not important. 6. Answer "yes" or "no" to all questions unless you are told otherwise. A "yes" answer must be based on a preponderance of the evidence [unless you are told otherwise]. Whenever a question requires an answer other than "yes" or "no," your answer must be based on a preponderance of the evidence [unless you are told otherwise]. The term "preponderance of the evidence" means the greater weight of credible evidence presented in this case. If you do not find that a preponderance of the evidence supports a "yes" answer, then answer "no." A preponderance of the evidence is not measured by the number of witnesses or by the number of documents admitted in evidence. For a fact to be proved by a preponderance of the evidence, you must find that the fact is more likely true than not true. 7. Do not decide who you think should win before you answer the questions and then just 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. 8. Do not answer questions by drawing straws or by any method of chance. 9. Some questions might ask you for a dollar amount. Do not agree in advance to decide on a dollar amount by adding up each juror's 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 my way." 11. [Unless otherwise instructed] The answers to the questions must be based on the decision of at least 10 of the 12 jurors. The same 10 jurors must agree on every answer. Do not agree to be bound by a vote of anything less than 10 jurors, even if it would be a majority. As I have said before, if you do not follow these instructions, you will be guilty of juror misconduct, and I might have to order a new trial and start this process over again. This would waste your time and the parties' money and would require the taxpayers of this county to pay for another trial. If a juror breaks any of these rules, tell that person to stop and report it to me immediately. Mobley vs. Ortiz PAGE 6 DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE The Court now gives you certain definitions of terms used in this charge, by which you will be governed in arriving at your answers to the questions submitted to you. "Preponderance of the evidence" means the greater weight and degree of credible testimony or evidence introduced before you and admitted in evidence in this case. A preponderance of the evidence is not measured by the number of witnesses or by the documents admitted into evidence. For a fact to be proven by a preponderance of the evidence, you must find that the fact is more likely true than not true. "Negligence" means failure to use ordinary care that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances. "Ordinary care" means that degree of care that would be used by a person of ordinary prudence under the same or similar circumstances. "Proximate cause" means a cause that was a substantial factor in bringing about an event, and without which cause such event 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 the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event. If a person is confronted by an “emergency" arising suddenly and unexpectedly, which was not proximately caused by any negligence on his part and which, to a reasonable person, requires immediate action without time for deliberation, his conduct in such an emergency is not negligence or failure to use ordinary care if, after such emergency arises, he acts as a person of ordinary prudence would have acted under the same or similar circumstances. An occurrence may be an "unavoidable accident", that is, an event not proximately caused by the negligence of any party to it. If an occurrence is caused solely by an “act of God," it is not caused by the negligence of any person. An occurrence is caused by an act of God if it is caused directly and exclusively by the violence of nature, without human intervention or cause, and could not have been prevented by reasonable foresight or care. Mobley vs. Ortiz PAGE 7 DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE QUESTION NO. 1: Did the negligence, if any, of the persons named below proximately cause the occurrence in question? Answer "Yes" or "No" for each of the following: a. MARIA ORTIZ b. JACQUELINE MOBLEY Mobley vs. Ortiz PAGE 8 DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE If, in answer to Question 1, you found that the negligence of more than one of the persons named below proximately caused the occurrence, then answer Question 2. Otherwise, do not answer Question 2. QUESTION NO. 2: What percentage of the negligence that caused the occurrence do you find to be attributable to each of those found by you, in your answer to Question 1, to have been negligent? The percentage you find must total 100 percent. The negligence attributable to a person named below is not necessarily measured by the number of acts or omissions found. a. MARIA ORTIZ b. JACQUELINE MOBLEY Total 100% Mobley vs. Ortiz PAGE 9 DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE Answer Question 3 if you answered “Yes" for MARIA ORTIZ to Question 1 and answered: 1. “No" for JACQUELINE MOBLEY to Question 1 or 2. 50 percent or less for MARIA ORTIZ to Question 2. Otherwise, do not answer Question 3. QUESTION NO. 3: What sum of money, if paid now in cash, would fairly and reasonably compensate Jacqueline Mobley for his/her injuries, if any, that resulted from the occurrence in question? 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. That is, do not compensate twice for the same loss, if any. Do not include interest on any amount of damages you find. Answer separately, in dollars and cents, for damages, if any. Do not reduce the amounts, if any, in your answers because of the negligence, if any, of Jacqueline Mobley. Any recovery will be determined by the court when it applies the law to your answers at the time of judgment. Elements a. Physical pain and mental anguish sustained in the past. Answer: $ “Mental anguish" is defined as intense pain of body or mind or high degree of mental suffering, involving more than mere worry, anxiety, vexation, or anger. b. Physical pain and mental anguish that, in reasonable probability, Jacqueline Mobley will sustain in the future. Answer: $ c. Loss of earning capacity sustained in the past. Answer: $ d. Loss of earning capacity that, in reasonable probability, Jacqueline Mobley will sustain in the future. Answer: $ e. Physical impairment sustained in the past. Mobley vs. Ortiz PAGE 10 DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE Answer: $ f. Physical impairment that, in reasonable probability, Jacqueline Mobley will sustain in the future. Answer: $ g. Medical care expenses incurred in the past. Answer: $ h. Medical care expenses that, in reasonable probability, Jacqueline Mobley will incur in the future. Answer: $ Mobley vs. Ortiz PAGE 11 DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE Answer Question 4 if you answered “Yes" for MARIA ORTIZ to Question 1 and answered: 1. “No" for JACQUELINE MOBLEY to Question 1, or 2. 50 percent or less for JACQUELINE MOBLEY to Question 2. Otherwise, do not answer Question 4. QUESTION NO. 4: Cost of Repairs What sum of money, if paid now in cash, would fairly and reasonably compensate Jacqueline Mobley for his/her damages, if any, for the repairs to and loss of use of his/her vehicle resulting from the occurrence in question? 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. That is, do not compensate twice for the same loss, if any. Do not include interest on any amount of damages you find. Do not reduce the amount, if any, in your answers because of the negligence, if any, of Jacqueline Mobley. Any recovery will be determined by the court when it applies the law to your answers at the time of judgment. a. Cost of repairs. Consider the reasonable cost in Dallas County, Texas, to restore the vehicle to the condition it was in immediately before the occurrence in question. Answer in dollars and cents for damages, if any. Answer: $ b. Loss of use of vehicle. Consider the reasonable value of the use of a vehicle in the same class as the vehicle in question for the period of time required to repair the damage, if any, caused by the occurrence in question. Answer in dollars and cents for damages, if any. Answer: $ Market Value What is the difference in the market value in Dallas County, Texas, of the vehicle driven by Jacqueline Mobley immediately before and immediately after the occurrence in question? Mobley vs. Ortiz PAGE 12 DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE “Market value" means the amount that would be paid in cash by a willing buyer who desires to buy, but is not required to buy, to a willing seller who desires to sell, but is under no necessity of selling. Do not reduce the amount, if any, in your answer because of the negligence, if any, of Jacqueline Mobley. Any recovery will be determined by the court when it applies the law to your answers at the time of judgment. Answer in dollars and cents for damages, if any. Answer: $ Mobley vs. Ortiz PAGE 13 DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE Presiding Juror After you retire to the jury room, you will select your own Presiding Juror. The first thing the Presiding Juror will do is to have this complete charge read aloud, and then you will deliberate upon your answers to the questions asked. It is the duty of the Presiding Juror: a. to preside during your deliberations; b. to see that your deliberations are conducted in an orderly manner, and in accordance with the instructions in this charge; c. to write out and hand to the Bailiff any communication concerning the case which you desire to have delivered to the Judge; d. to vote on the issues; e. to write your answers to the issues in the spaces provided; and f. to certify to your verdict in the space provided for the Presiding Juror's signature, or to obtain the signatures of all the jurors who agree with the verdict, if your verdict is less than unanimous. Instructions for Signing the Verdict Certificate: 1. You may answer the questions on a vote of 10 jurors. The same 10 jurors must agree on every answer in the charge. This means you may not have one group of 10 jurors agree on one answer and a different group of 10 jurors agree on another answer. 2. If 10 jurors agree on every answer, those 10 jurors sign the verdict. If 11 jurors agree on every answer, those 11 jurors sign the verdict. If all 12 of you agree on every answer, you are unanimous and only the presiding juror signs the verdict. 3. All jurors should deliberate on every question. You may end up with all 12 of you agreeing on some answers, while only 10 or 11 of you agree on other answers. But when you sign the verdict, only those 10 who agree on every answer will sign the verdict. After you have retired to consider your verdict, no one has any authority to communicate with you except the Bailiff of this Court. You should not discuss the case with anyone, not even with other members of the jury, unless all of you are present and assembled in the jury room. Should anyone attempt to talk to you about the case before the verdict is returned, whether at the courthouse, at your home, or elsewhere, please inform the Judge of this fact. When you have answered all of the questions which you are required to answer under the instructions of the Judge, and your Presiding Juror has placed your answers in the spaces provided, and signed the verdict as Presiding Juror, or obtained the signatures, you will advise the Bailiff at the door of the jury room that you have reached a verdict, and then you will return into Court with your verdict. The jury must certify to every answer in the verdict. The presiding juror may, on the jury's behalf, make the required certificate for any answers on which the jury is unanimous. For Mobley vs. Ortiz PAGE 14 DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE any answers on which the jury is not unanimous, the jurors who agree must each make the required certificate. If none of the jury's answers must be unanimous, the following certificate should be used: PRESIDING JUDGE Mobley vs. Ortiz PAGE 15 DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE The jury must certify to every answer in the verdict. The presiding juror may, on the jury's behalf, make the required certificate for any answers on which the jury is unanimous. For any answers on which the jury is not unanimous, the jurors who agree must each make the required certificate. If none of the jury's answers must be unanimous, the following certificate should be used: Certificate We, the jury, have answered the above and foregoing questions as herein indicated, and herewith return same into court as our verdict. (To be signed by the presiding juror if the jury is unanimous.) PRESIDING JUROR Printed Name of Presiding Juror (To be signed by those rendering the verdict if not unanimous.) Mobley vs. Ortiz PAGE 16 DEFENDANT MARIA ORTIZ'S PROPOSED CHARGE 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. Lauren Lawrence on behalf of Lauren Lawrence Bar No. 24098594 Lauren.Lawrence@allstate.com Envelope ID: 62589160 Status as of 3/15/2022 8:16 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status LARRY ROLLE larryr@rbrl.com 3/14/2022 3:34:15 PM SENT Associated Case Party: JACQUELINE MOBLEY Name BarNumber Email TimestampSubmitted Status Heather V.Banahan Nease heathern@rbrl.com 3/14/2022 3:34:15 PM SENT