Preview
FILED
7/27/2023 10:30 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Loaidi Grove DEPUTY
CAUSE NO. DC-22-01952
CLEOFES JOSE TURCIOS In THE District COURT
Plaintiff,
VS. DALLAS COUNTY, TEXAS
TONY TRINH & TRINH TRINH 192ND JUDICIAL DISTRICT
Defendant
PLAINTIFF’S REQUESTED JURY CHARGE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Plaintiff, Cleofes Jose Turcios, who files these requested jury instructions,
questions, definitions, and related matters prior to the submission of this case for consideration by
the jury, and make and file their Requested Jury Instructions, Definitions and Special Questions
which are attached hereto as Exhibit “A” and incorporated herein for all purposes as if set forth in.
their entirety.
Respectfully submitted,
By:
David S. Kohm
State Bar No. 11658563
Robin Singh
State Bar No. 24121981
DAVID S. KOHM & ASSOCIATES
1414 W. Randol Mill Road, Suite 118
Arlington, Texas 76012
Tel: (817) 226-8100 Fax: (817) 200-0111
Email: lit-efile@attorneykohm.com
ATTORNEYS FOR PLAINTIFF
Plaintiff's Proposed Jury Charge Page 1
EXHIBIT A
LADIES AND GENTLEMEN OF THE JURY:
After the closing arguments, you will go to the jury room to decide the case, answer the
questions that are attached, and reach a verdict. You may discuss the case with other jurors only
when you are all together in the jury room.
Remember my previous instructions: Do not discuss the case with anyone else, either in
person or by 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 cell phone or any other electronic device during your deliberations for any reason.
I will give you a number where others may contact you in case of an emergency.
Here are the instructions for answering the questions:
1 Do not let bias, prejudice or sympathy play any part in your deliberations.
2 Base your answers only on the evidence admitted in court and on the law that is in
these instructions and questions. Do not consider or discuss any evidence that was not admitted in
the courtroom.
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.
) All of the questions 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 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 fund that the fact is more likely true than not true.
Plaintiff's Proposed Jury Charge Page 2
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 facts is established by circumstantial evidence when it
may be fairly and reasonably inferred from other facts proved.
q
Do not decide who you think should win before you answer the questions and then
just answer the questions to match your decision. Answer cach questions 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 fora 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. Again, your
answer must be based on a preponderance of the evidence.
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.”
i 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.
12. In answering the questions in this charge you will not discuss nor consider:
@ Attorney’s fees;
(ii) Whether or not any party or person is protected in whole or in part by
insurance of any nature; and
(iii) The effect or applicability of any type of insurance including but no limited
to automobile, health, accident, or life policies.
13. 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.
Plaintiffs Proposed Jury Charge Page 3
QUESTION NO. 1
Did the negligence, if any, of Tony Trinh proximately cause the occurrence in question?
1 “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 purdence under the same or similar circumstances.
“Proximate case” means that which, in the natural and continuous sequence,
produces 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.
The “occurrence in question” means those events of 3/3/2020 , which are the
subject of this lawsuit.
Answer “Yes” or “No”:
Plaintiff's Proposed Jury Charge Page 4
Answer Question 2 if you answered “Yes” Question 1. Otherwise, do not answer Question 2.
QUESTION NO. 2
What amount of money, if any, do you find from a preponderance of the evidence, if paid
now in cash, would fairly and reasonably compensate Cleofes Jose Turcios for injuries, if any, that
resulted from the occurrence in question?
“Injury” means damage or harm to the physical structure of the body and such disease or
infection as naturally result therefrom, or the incitement, acceleration, or aggravation of any disease,
infirmity, or condition, previously or subsequently existing, by reason of such damage or harm. 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.
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 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.
Answer in dollars and cents for damages, if any, that were sustained in the past.
(a) Medical care expenses incurred in the past
(b) Medical care expenses that, in reasonable probability,
Cleofes Jose Turcios , will sustain in the future
(c) Physical pain and mental anguish sustained in the past
(d) Physical pain and mental anguish that, in reasonable probability,
Cleofes Jose Turcios, will sustain in the future oe
(©) Physical impairment sustained in the past
® Physical impairment that, in reasonable probability,
Cleofes Jose Turcios, will sustain in the future. ee
) Disfigurement sustained in the past
(hy Disfigurement that, in reasonable probability,
Cleofes Jose Turcios, will sustain in the future
Plaintiff's Proposed Jury Charge Page 5
@ Loss of earning capacity sustained in the past
G) Loss of earning capacity that, in reasonable probability,
Cleofes Jose Turcios, will sustain in the future
Plaintiff's Proposed Jury Charge Page 6
Presiding Juror
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;
c, give written questions or comments to the bailiff who will give them to the judge.
d write down the answers you agree on;
, get the signatures for the verdict certificate; and
£. 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
1 Unless otherwise instructed 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. [fall 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 agree on other answers. But when you sign the verdict,
only those 10 or 11 jurors who agree on every answer will sign the verdict.
Do you understand these instructions, if you do not, please tell me know.
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
Plaintiff's Proposed Jury Charge Page 7
VERDICT CERTIFICATE
Check one:
Our verdict is unanimous. All 12 of us have agreed to each and every answer. The presiding
juror has signed the certificate for all 12 of us.
Signature of Presiding 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 verdict certificate below.
Our verdict is NOT unanimous. Ten of us have agreed to each and every answer and have
signed the certificate below.
SIGNATURE PRINTED NAME
10.
11
Plaintiff's Proposed Jury Charge Page 8
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.
Envelope ID: 77936763
Filing Code Description: Exhibit List
Filing Description:
Status as of 7/27/2023 1:23 PM CST
Associated Case Party: TONY TRINH
Name BarNumber | Email TimestampSubmitted Status
Tesch Ussery DallasLegal@allstate.com | 7/27/2023 10:30:31 AM SENT
Associated Case Party: CLEOFESJOSETURCIOS
Name BarNumber | Email TimestampSubmitted Status
David Kohm | 11658563 lit-efile@attorneykohm.com | 7/27/2023 10:30:31 AM SENT
Preview
FILED 7/27/2023 10:30 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Loaidi Grove DEPUTY CAUSE NO. DC-22-01952 CLEOFES JOSE TURCIOS In THE District COURT Plaintiff, VS. DALLAS COUNTY, TEXAS TONY TRINH & TRINH TRINH 192ND JUDICIAL DISTRICT Defendant PLAINTIFF’S REQUESTED JURY CHARGE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Plaintiff, Cleofes Jose Turcios, who files these requested jury instructions, questions, definitions, and related matters prior to the submission of this case for consideration by the jury, and make and file their Requested Jury Instructions, Definitions and Special Questions which are attached hereto as Exhibit “A” and incorporated herein for all purposes as if set forth in. their entirety. Respectfully submitted, By: David S. Kohm State Bar No. 11658563 Robin Singh State Bar No. 24121981 DAVID S. KOHM & ASSOCIATES 1414 W. Randol Mill Road, Suite 118 Arlington, Texas 76012 Tel: (817) 226-8100 Fax: (817) 200-0111 Email: lit-efile@attorneykohm.com ATTORNEYS FOR PLAINTIFF Plaintiff's Proposed Jury Charge Page 1 EXHIBIT A LADIES AND GENTLEMEN OF THE JURY: After the closing arguments, you will go to the jury room to decide the case, answer the questions that are attached, and reach a verdict. You may discuss the case with other jurors only when you are all together in the jury room. Remember my previous instructions: Do not discuss the case with anyone else, either in person or by 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 cell phone or any other electronic device during your deliberations for any reason. I will give you a number where others may contact you in case of an emergency. Here are the instructions for answering the questions: 1 Do not let bias, prejudice or sympathy play any part in your deliberations. 2 Base your answers only on the evidence admitted in court and on the law that is in these instructions and questions. Do not consider or discuss any evidence that was not admitted in the courtroom. 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. ) All of the questions 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 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 fund that the fact is more likely true than not true. Plaintiff's Proposed Jury Charge Page 2 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 facts is established by circumstantial evidence when it may be fairly and reasonably inferred from other facts proved. q Do not decide who you think should win before you answer the questions and then just answer the questions to match your decision. Answer cach questions 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 fora 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. Again, your answer must be based on a preponderance of the evidence. 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.” i 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. 12. In answering the questions in this charge you will not discuss nor consider: @ Attorney’s fees; (ii) Whether or not any party or person is protected in whole or in part by insurance of any nature; and (iii) The effect or applicability of any type of insurance including but no limited to automobile, health, accident, or life policies. 13. 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. Plaintiffs Proposed Jury Charge Page 3 QUESTION NO. 1 Did the negligence, if any, of Tony Trinh proximately cause the occurrence in question? 1 “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 purdence under the same or similar circumstances. “Proximate case” means that which, in the natural and continuous sequence, produces 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. The “occurrence in question” means those events of 3/3/2020 , which are the subject of this lawsuit. Answer “Yes” or “No”: Plaintiff's Proposed Jury Charge Page 4 Answer Question 2 if you answered “Yes” Question 1. Otherwise, do not answer Question 2. QUESTION NO. 2 What amount of money, if any, do you find from a preponderance of the evidence, if paid now in cash, would fairly and reasonably compensate Cleofes Jose Turcios for injuries, if any, that resulted from the occurrence in question? “Injury” means damage or harm to the physical structure of the body and such disease or infection as naturally result therefrom, or the incitement, acceleration, or aggravation of any disease, infirmity, or condition, previously or subsequently existing, by reason of such damage or harm. 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. 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 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. Answer in dollars and cents for damages, if any, that were sustained in the past. (a) Medical care expenses incurred in the past (b) Medical care expenses that, in reasonable probability, Cleofes Jose Turcios , will sustain in the future (c) Physical pain and mental anguish sustained in the past (d) Physical pain and mental anguish that, in reasonable probability, Cleofes Jose Turcios, will sustain in the future oe (©) Physical impairment sustained in the past ® Physical impairment that, in reasonable probability, Cleofes Jose Turcios, will sustain in the future. ee ) Disfigurement sustained in the past (hy Disfigurement that, in reasonable probability, Cleofes Jose Turcios, will sustain in the future Plaintiff's Proposed Jury Charge Page 5 @ Loss of earning capacity sustained in the past G) Loss of earning capacity that, in reasonable probability, Cleofes Jose Turcios, will sustain in the future Plaintiff's Proposed Jury Charge Page 6 Presiding Juror 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; c, give written questions or comments to the bailiff who will give them to the judge. d write down the answers you agree on; , get the signatures for the verdict certificate; and £. 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 1 Unless otherwise instructed 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. [fall 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 agree on other answers. But when you sign the verdict, only those 10 or 11 jurors who agree on every answer will sign the verdict. Do you understand these instructions, if you do not, please tell me know. 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 Plaintiff's Proposed Jury Charge Page 7 VERDICT CERTIFICATE Check one: Our verdict is unanimous. All 12 of us have agreed to each and every answer. The presiding juror has signed the certificate for all 12 of us. Signature of Presiding 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 verdict certificate below. Our verdict is NOT unanimous. Ten of us have agreed to each and every answer and have signed the certificate below. SIGNATURE PRINTED NAME 10. 11 Plaintiff's Proposed Jury Charge Page 8 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. Envelope ID: 77936763 Filing Code Description: Exhibit List Filing Description: Status as of 7/27/2023 1:23 PM CST Associated Case Party: TONY TRINH Name BarNumber | Email TimestampSubmitted Status Tesch Ussery DallasLegal@allstate.com | 7/27/2023 10:30:31 AM SENT Associated Case Party: CLEOFESJOSETURCIOS Name BarNumber | Email TimestampSubmitted Status David Kohm | 11658563 lit-efile@attorneykohm.com | 7/27/2023 10:30:31 AM SENT