Preview
Electronically Filed
10/23/2023 12:55 PM
Hidalgo County District Clerks
Reviewed By: Analyssa Suarez
CAUSE NO. C-1437-20-I
RAMSES ESCOBEDO § IN THE DISTRICT COURT
Plaintiff, §
§
VS. § 398TH JUDICIAL DISTRICT
§
ELI MENDEZ, §
KENAN TRANSPORT, LLC, AND §
THE KENAN ADVANTAGE §
GROUP, INC. AND PETRO-CHEMICAL §
TRANSPORT, LLC §
Defendants. § HIDALGO COUNTY, TEXAS
DEFENDANTS’ PROPOSED CHARGE OF THE COURT
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. 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. In arriving at your answers, consider only the evidence introduced for your
consideration under the rulings of the Court--that is, what you have seen and heard in this
courtroom, together with the law as given you by the Court. In your deliberations, you will not
consider or discuss anything that is not represented by the evidence in this case.
3. Since every answer that is required by the charge is important, no juror should state or
consider that any required answer is not important.
4. You must not decide who you think should win and then try to answer the questions
Electronically Filed
10/23/2023 12:55 PM
Hidalgo County District Clerks
Reviewed By: Analyssa Suarez
accordingly. Simply answer the questions and do not discuss or concern yourselves with the
effect of your answers.
5. You will not decide the answer to a question by lot or by drawing straws, or by any
other method of chance. Do not return a quotient verdict. A quotient verdict means that the
jurors agree to abide by the figures and dividing by the number of jurors to get an average. Do
not do any trading on your answers--that is, one juror should not agree to answer a certain
question one way if others will agree to answer another question another way.
6. You may render your verdict upon the vote of ten or more members of the jury. The
same ten or more of you must agree upon all of the answers made and to the entire verdict. You
will not, therefore, enter into an agreement to be bound by a majority or any other vote of less
than ten jurors. If the verdict and all answers therein are reached by unanimous agreement, the
presiding juror shall sign the verdict for the entire jury. If any juror disagrees as to any answer
made by the verdict, those jurors who agree to all findings shall each sign the verdict.
These instructions are given you because your conduct is subject to review the same as
that of the witnesses, parties, attorneys, and the judge. If it should be found that you have
disregarded any of these instructions, it will be jury misconduct, and it may require another trial
by another jury; then all of our time will have been wasted.
The presiding juror or any other who observes a violation of the court's instructions shall
immediately warn the one who is violating the same and caution the juror not to do so again.
When words are used in this charge in a sense which varies from the meaning commonly
understood, you are given a proper legal definition, which you are bound to accept in place of
any other meaning.
Electronically Filed
10/23/2023 12:55 PM
Hidalgo County District Clerks
Reviewed By: Analyssa Suarez
Answer "Yes" or "No" to all questions unless otherwise instructed. A "Yes" answer must
be based on a preponderance of the evidence. If you do not find that a preponderance of the
evidence supports a "Yes" answer, then answer "No." The term "preponderance of the evidence"
means that greater weight and degree of credible testimony or evidence introduced before you
and admitted in this case.
Whenever a question requires other than a "Yes" or "No" answer, your answer must be
based on a preponderance of the evidence.
“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 that cause which, in a natural and continuous sequence,
produces an event, and without which cause such event would not have occurred. In order to be
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.
A fact may be established by direct evidence or by circumstantial evidence or both. A
fact is established by direct evidence when proved by documentary evidence or by witnesses
who saw the act done or heard the words spoken. A fact is established by circumstantial
evidence when it may be fairly and reasonably inferred from other facts proved.
Electronically Filed
10/23/2023 12:55 PM
Hidalgo County District Clerks
Reviewed By: Analyssa Suarez
After you return 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 --
1. to preside during your deliberations,
2. to see that your deliberations are conducted in an orderly manner and in
accordance with the instructions in this charge,
3. to write out and hand to the bailiff any communications concerning the case that
you desire to have delivered to the judge,
4. to vote on the questions,
5. to write your answers to the questions in the spaces provided, and
6. 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.
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 the questions 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 inform 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.
_______________________________
JUDGE PRESIDING
Electronically Filed
10/23/2023 12:55 PM
Hidalgo County District Clerks
Reviewed By: Analyssa Suarez
QUESTION NO. 1
Did the negligence, if any, of those named below proximately caused the occurrence in
question?
Answer “Yes” or “No” for each of the following:
1. Eli Mendez ____________
2. Ramses Escobedo ____________
Electronically Filed
10/23/2023 12:55 PM
Hidalgo County District Clerks
Reviewed By: Analyssa Suarez
If you answered, “Yes” to Question No. 1, then answer the following question.
Otherwise, do not answer the following question.
Assign percentages of responsibility only to those you found caused or contributed to
cause the injury. The percentages you find must total 100 percent. The percentages must be
expressed in whole numbers. The percentage of responsibility attributable to any one is not
necessarily measured by the number of acts or omissions found.
QUESTION NO. 2
For each person you found caused or contributed to cause the occurrence in question, find
the percentage of responsibility attributable to each:
1. Eli Mendez _______________%
2. Ramses Escobedo _______________%
Total 100 %
Electronically Filed
10/23/2023 12:55 PM
Hidalgo County District Clerks
Reviewed By: Analyssa Suarez
QUESTION NO. 3
What sum of money, if paid now in cash, would fairly and reasonably compensate
Ramses Escobedo for his 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 include damages for one element in any other element. Do not include
interest on any amount of damages you find.
Do not include any amount for any condition existing before the occurrence in question,
except to the extent, if any, that such other condition was aggravated by any injuries that resulted
from the occurrence in question.
Do not include any amount for any condition not resulting from the occurrence in
question.
Answer separately, in dollars and cents, for damages, if any.
1. Physical pain and mental anguish sustained in the past.
Answer: $_____________
2. Physical pain and mental anguish that, in reasonable probability, Ramses Escobedo
will sustain in the future.
Answer: $_____________
3. Medical care expenses incurred in the past.
Answer: $_____________
4. Medical care expenses that, in reasonable probability, Ramses Escobedo will sustain
in the future.
Answer: $_____________
Electronically Filed
10/23/2023 12:55 PM
Hidalgo County District Clerks
Reviewed By: Analyssa Suarez
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 unanimous)
__________________________
Presiding Juror
(To be signed by those rendering the verdict if not unanimous)
________________________
________________________
________________________
________________________
________________________
________________________
________________________
________________________
________________________
________________________
________________________
Electronically Filed
10/23/2023 12:55 PM
Hidalgo County District Clerks
Reviewed By: Analyssa Suarez
Respectfully submitted,
THORNTON, BIECHLIN,
REYNOLDS & GUERRA, L.C.
418 East Dove Avenue
McAllen, Texas 78504-2240
(956) 630-3080 Tel.
(956) 630-0189 Fax
Ricardo D. Villanueva
RICARDO D. VILLANUEVA
State Bar No. 00792896
rvillanueva@thorntonfirm.com
ATTORNEY FOR DEFENDANTS
Electronically Filed
10/23/2023 12:55 PM
Hidalgo County District Clerks
Reviewed By: Analyssa Suarez
CERTIFICATE OF SERVICE
I hereby certify that on this the 23rd day of October 2023, I have caused a true and correct
copy of the foregoing instrument to be delivered to the following attorney of record via facsimile
and/or via electronic mail:
VIA E-SERVICE
Peter M. Zavaletta
State Bar No. 22251600
LAW OFFICES OF THOMAS J. HENRY
521 Starr Street
Corpus Christi, Texas 78401
Tel: (361) 985-0600
Fax: (361) 985-0601
Email: rpzavaletta-svc@thomasjhenrylaw.com
ATTORNEYS FOR PLAINTIFF
Ricardo D. Villanueva
RICARDO D. VILLANUEVA
Preview
Electronically Filed 10/23/2023 12:55 PM Hidalgo County District Clerks Reviewed By: Analyssa Suarez CAUSE NO. C-1437-20-I RAMSES ESCOBEDO § IN THE DISTRICT COURT Plaintiff, § § VS. § 398TH JUDICIAL DISTRICT § ELI MENDEZ, § KENAN TRANSPORT, LLC, AND § THE KENAN ADVANTAGE § GROUP, INC. AND PETRO-CHEMICAL § TRANSPORT, LLC § Defendants. § HIDALGO COUNTY, TEXAS DEFENDANTS’ PROPOSED CHARGE OF THE COURT 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. 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. In arriving at your answers, consider only the evidence introduced for your consideration under the rulings of the Court--that is, what you have seen and heard in this courtroom, together with the law as given you by the Court. In your deliberations, you will not consider or discuss anything that is not represented by the evidence in this case. 3. Since every answer that is required by the charge is important, no juror should state or consider that any required answer is not important. 4. You must not decide who you think should win and then try to answer the questions Electronically Filed 10/23/2023 12:55 PM Hidalgo County District Clerks Reviewed By: Analyssa Suarez accordingly. Simply answer the questions and do not discuss or concern yourselves with the effect of your answers. 5. You will not decide the answer to a question by lot or by drawing straws, or by any other method of chance. Do not return a quotient verdict. A quotient verdict means that the jurors agree to abide by the figures and dividing by the number of jurors to get an average. Do not do any trading on your answers--that is, one juror should not agree to answer a certain question one way if others will agree to answer another question another way. 6. You may render your verdict upon the vote of ten or more members of the jury. The same ten or more of you must agree upon all of the answers made and to the entire verdict. You will not, therefore, enter into an agreement to be bound by a majority or any other vote of less than ten jurors. If the verdict and all answers therein are reached by unanimous agreement, the presiding juror shall sign the verdict for the entire jury. If any juror disagrees as to any answer made by the verdict, those jurors who agree to all findings shall each sign the verdict. These instructions are given you because your conduct is subject to review the same as that of the witnesses, parties, attorneys, and the judge. If it should be found that you have disregarded any of these instructions, it will be jury misconduct, and it may require another trial by another jury; then all of our time will have been wasted. The presiding juror or any other who observes a violation of the court's instructions shall immediately warn the one who is violating the same and caution the juror not to do so again. When words are used in this charge in a sense which varies from the meaning commonly understood, you are given a proper legal definition, which you are bound to accept in place of any other meaning. Electronically Filed 10/23/2023 12:55 PM Hidalgo County District Clerks Reviewed By: Analyssa Suarez Answer "Yes" or "No" to all questions unless otherwise instructed. A "Yes" answer must be based on a preponderance of the evidence. If you do not find that a preponderance of the evidence supports a "Yes" answer, then answer "No." The term "preponderance of the evidence" means that greater weight and degree of credible testimony or evidence introduced before you and admitted in this case. Whenever a question requires other than a "Yes" or "No" answer, your answer must be based on a preponderance of the evidence. “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 that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be 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. A fact may be established by direct evidence or by circumstantial evidence or both. A fact is established by direct evidence when proved by documentary evidence or by witnesses who saw the act done or heard the words spoken. A fact is established by circumstantial evidence when it may be fairly and reasonably inferred from other facts proved. Electronically Filed 10/23/2023 12:55 PM Hidalgo County District Clerks Reviewed By: Analyssa Suarez After you return 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 -- 1. to preside during your deliberations, 2. to see that your deliberations are conducted in an orderly manner and in accordance with the instructions in this charge, 3. to write out and hand to the bailiff any communications concerning the case that you desire to have delivered to the judge, 4. to vote on the questions, 5. to write your answers to the questions in the spaces provided, and 6. 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. 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 the questions 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 inform 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. _______________________________ JUDGE PRESIDING Electronically Filed 10/23/2023 12:55 PM Hidalgo County District Clerks Reviewed By: Analyssa Suarez QUESTION NO. 1 Did the negligence, if any, of those named below proximately caused the occurrence in question? Answer “Yes” or “No” for each of the following: 1. Eli Mendez ____________ 2. Ramses Escobedo ____________ Electronically Filed 10/23/2023 12:55 PM Hidalgo County District Clerks Reviewed By: Analyssa Suarez If you answered, “Yes” to Question No. 1, then answer the following question. Otherwise, do not answer the following question. Assign percentages of responsibility only to those you found caused or contributed to cause the injury. The percentages you find must total 100 percent. The percentages must be expressed in whole numbers. The percentage of responsibility attributable to any one is not necessarily measured by the number of acts or omissions found. QUESTION NO. 2 For each person you found caused or contributed to cause the occurrence in question, find the percentage of responsibility attributable to each: 1. Eli Mendez _______________% 2. Ramses Escobedo _______________% Total 100 % Electronically Filed 10/23/2023 12:55 PM Hidalgo County District Clerks Reviewed By: Analyssa Suarez QUESTION NO. 3 What sum of money, if paid now in cash, would fairly and reasonably compensate Ramses Escobedo for his 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 include damages for one element in any other element. Do not include interest on any amount of damages you find. Do not include any amount for any condition existing before the occurrence in question, except to the extent, if any, that such other condition was aggravated by any injuries that resulted from the occurrence in question. Do not include any amount for any condition not resulting from the occurrence in question. Answer separately, in dollars and cents, for damages, if any. 1. Physical pain and mental anguish sustained in the past. Answer: $_____________ 2. Physical pain and mental anguish that, in reasonable probability, Ramses Escobedo will sustain in the future. Answer: $_____________ 3. Medical care expenses incurred in the past. Answer: $_____________ 4. Medical care expenses that, in reasonable probability, Ramses Escobedo will sustain in the future. Answer: $_____________ Electronically Filed 10/23/2023 12:55 PM Hidalgo County District Clerks Reviewed By: Analyssa Suarez 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 unanimous) __________________________ Presiding Juror (To be signed by those rendering the verdict if not unanimous) ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ Electronically Filed 10/23/2023 12:55 PM Hidalgo County District Clerks Reviewed By: Analyssa Suarez Respectfully submitted, THORNTON, BIECHLIN, REYNOLDS & GUERRA, L.C. 418 East Dove Avenue McAllen, Texas 78504-2240 (956) 630-3080 Tel. (956) 630-0189 Fax Ricardo D. Villanueva RICARDO D. VILLANUEVA State Bar No. 00792896 rvillanueva@thorntonfirm.com ATTORNEY FOR DEFENDANTS Electronically Filed 10/23/2023 12:55 PM Hidalgo County District Clerks Reviewed By: Analyssa Suarez CERTIFICATE OF SERVICE I hereby certify that on this the 23rd day of October 2023, I have caused a true and correct copy of the foregoing instrument to be delivered to the following attorney of record via facsimile and/or via electronic mail: VIA E-SERVICE Peter M. Zavaletta State Bar No. 22251600 LAW OFFICES OF THOMAS J. HENRY 521 Starr Street Corpus Christi, Texas 78401 Tel: (361) 985-0600 Fax: (361) 985-0601 Email: rpzavaletta-svc@thomasjhenrylaw.com ATTORNEYS FOR PLAINTIFF Ricardo D. Villanueva RICARDO D. VILLANUEVA