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NOTE: CONTAINS SENSITIVE INFORMATION
CAUSE NO. DC-22-15846
KAYLEE AND LANDON MEDLOCK, § 1N THE DISTRICT COURT
BOTH INDIVIDUALLY AND As NEXT §
FRIEND 0F E.M., A MINOR CHILD §
§
VS. § 116TH JUDICIAL DISTRICT
§
BERRY DON ANDREW AND GARRETT §
COLE MCCLESKEY § DALLAS COUNTY, TEXAS
FINAL JUDGMENT
BE 1T REMEMBERED that on this day came on for consideration the above entitled and
numbered cause, wherein Kaylee Medlock, as Next Friend of Evianna Medlock, a Minor, are
Plaintiffs, and Berry Don Andrew is Defendant. All parties appeared by their respective attorneys of
record and announced that all issues, claims, demands, or causes of action have been compromised
and settled and the consideration therefore paid in fiill, subject to approval of the Court, and that a
jury had been waived. Under the terms of settlement, the Minor Plaintiff, Evianna Medlock (the
"Minor Plaintiff"), is to recover upfiont cash and fiIture periodic payments with the combined total
present cost sum of SIXTY-FIVE THOUSAND AND 00/100 DOLLARS ($65,000.00), payable by
or on behalf of Defendant and Plaintiffs’ UIM Carrier GEICO County Mutual Insurance Company,
said sum tendered in full and final settlement and compromise of all causes of action involved
herein, with costs of court to be taxed against the party incurring same, in accordance with the
agreement of the parties, as set forth below. The Parties have further entered into an agreement to
provide for periodic fiIture payments to the Minor Plaintiff, as described below.
Such agreement having been made known to the Court, the Court proceeded to hear the
evidence and the recommendation of the Guardian Ad Litem, and is of the opinion from the
evidence heard that such settlement is fair and just and in the best interest of the Minor Plaintiff
herein, and should be apportioned between the various Plaintiffs as hereinafier provided.
FINAL JUDGMENT PAGE l OF 6
NOTE: CONTAINS SENSITIVE INFORMATION
Therefore, the Court hereby ORDERS AND DEGREES that such recovery should be
apportioned as follows:
TOTAL SETTLEMENT AMOUNT: $65,000.00 ($35,000.00 to be paid by Allstate Fire
and Casualty Insurance Company on behalf of Defendant and $30,000.00 to be
paid by Plaintiffs’ UIM Carrier GEICO)
TO: KAYLEE MEDLOCK, AS NEXT FRIEND OF EVIANNA MEDLOCK, A
MINOR, the sum of $65,000.00, out of which all expenses and attorney’s fees are to
be paid, to-Wit: $21,666.67 as and for Plaintiffs’ reasonable attorney’s fees and
expenses; with the balance of $43,333.33 for all outstanding medical expenses
incurred by or on behalf of Plaintiffs, as follows:
Subrogation Lien $1 1,006.89
TOTAL: $11,006.89
FOR: EVIANNA MEDLOCK, A MINOR, D/O/B 05/14/2019, suing herein by
and through next friend, fiee and clear of all costs, expenses and attorney’s fees, the
future periodic payments as described below, having a present cost of $32,326.44.
It further appearing to the Court that the Minor Plaintiff has no legal guardian of the Minor
Plaintiff’s estate, it is hereby ORDERED that the periodic payments to be made under the agreed
settlement, recovered herein for the exclusive use and benefit of the Minor Plaintiff, are to be paid
after the Minor Plaintiff reaches the age of majority in accordance with the terms of the Settlement
Agreement and Release in Full of the parties, as follows:
TO: EVIANNA MEDLOCK (“PAYEE”), A MINOR, D/O/B 05/14/2019, future
periodic payments to be made according to the following schedule:
Lump Sum Guaranteed - $7,500.00 payable on 05/ 14/2037, guaranteed.
Lump Sum Guaranteed - $10,000.00 payable on 05/ 14/203 9, guaranteed.
Lump Sum Guaranteed - $15,000.00 payable on 05/ 14/2041, guaranteed.
Lump Sum Guaranteed - $20,000.00 payable on 05/ 14/2043, guaranteed.
Lump Sum Guaranteed - $28,999.77 payable on 05/ 14/2045, guaranteed.
FINAL JUDGMENT PAGE 2 OF 6
NOTE: CONTAINS SENSITIVE INFORMATION
The obligation to make the periodic payments described above may be assigned to USAA
Annuity Services Corporation and fiinded by an annuity contract issued by USAA Life Insurance
Company, rated A++ XV by A.M. Best Company, and AA+ by Standard and Poor's.
IT IS FURTHER ORDERED that the rights to receive the future Periodic Payments
described herein cannot be accelerated, deferred, increased, or decreased by Plaintiff or any payee;
nor shall Plaintiff or any payee have the power to sell, mortgage, pledge, encumber or anticipate the
periodic payments or any part thereof, by assignment or otherwise. The rights to receive periodic
payments granted to the minor Plaintiff may not be sold, transferred, hypothecated, pledged, or
otherwise alienated in any manner, directly or indirectly, without the prior approval of the then-
sitting Judge of this Court, as evidenced by an Order approving such transaction entered after
compliance with all requirements of the Structured Settlement Protection Act, Section 141.001,
Texas Civil Practice and Remedies Code, as it now exists or may hereafter be amended, or any
successor to such statute. Further, prior to any sale, transfer, hypothecation, pledge or other
alienation, the then-sitting Judge of this Court, must be presented with three (3) quotes fiom three
(3) totally independent companies. A quote is defined as the amount of money that the purchaser is
willing to pay the annuitant/payee for the right of the purchaser to receive the specified future
periodic payments. Any purported or attempted sale, transfer, hypothecation, pledge, or other
alienation of such payments rights that has not been so approved will be a direct violation of this
Order.
It is further ORDERED that the Guardian Ad Litem, Shannon Holmes, is hereby accorded a
fee of $1,890.00, to be paid directly to the Guardian Ad Litem by Defendant and taxed as costs
against Defendant. The Guardian Ad Litem shall be fully DISCHARGED upon transmission of the
Minor Plaintiffs recovered funds into account referenced above.
FINAL JUDGMENT PAGE 3 OF 6
NOTE: CONTAINS SENSITIVE INFORMATION
The Coult fulther finds that the parties have executed or are concurrently executing a release
agreement as consideration for settlement of this action by the terms of payment ordered herein, and
it is accordingly,
ORDERED, ADIUDGED and DECREED that the cause be, and same hereby is in all
things declared fiilly settled and discharged, and DISMISSED WITH PREJUDICE. The Defendant,
Berry Don Andrew, is hereby in all things DISCHARGED. All costs of Court herein are taxed
against the party incurring same, except as specified above. All relief sought or which could have
been sought herein by any of the parties hereto which is not expressly granted is denied. This
Judgment is final and disposes of all claims and parties.
SIGNED this the day of , 2023.
JUDGE PRESIDING
FINAL JUDGMENT PAGE 4 OF 6
NOTE: CONTAINS SENSITIVE INFORMATION
APPROVED AND AGREED TO AND ENTRY REQUESTED:
ls/ Zach Horn (signed by permission)
ZACH HORN
SBN: 24078689
Lyon, Gorsky & Gilbert, LLP
12001 N. Central Expressway, Suite 650
Dallas, Texas 75243
Telephone: 214-965-0090
Facsimile: 214-965-0097
zhorn@lyongorsky.com
ATTORNEY FOR PLAINTIFFS
ls/Shannon Holmes (signed by permission)
SHANNON HOLMES
SBN: 24076446
Law Firm of Shannon Anthony Holmes
8585 N. Stemmons Frwy., Suite 148M
Dallas, Texas 75247
Telephone: 972-524-1903
Facsimile: 972-524-1992
shannon@shannonaholmes.com
GUARDLAN AD LITEM
/s/ Brad K. Westmoreland
Brad K. Westmoreland
WESTMORELAN D LAW FIRM, PLLC
State Bar No. 24013734
606 N. Oak Branch Rd.
Waxahachie, Texas 75167
(972) 937-7273 — office
(972) 937-7299 — fax
brad@westmorelandlawfirm.com
ATTORNEY FOR DEFENDANT
BERRY DON ANDREW
FINAL JUDGMENT PAGE 5 OF 6
NOTE: CONTAINS SENSITIVE INFORMATION
/s/ John T. Domaszek
JOHN T. DOMASZEK
SBN: 24128165
John T. Domaszek and Associates
50 Briar Hollow Ln., STE 505W
Houston, Texas 77027
Telephone: 832-675-0800
Facsimile: 832-675-0805
jdomaszek@geico.com
ATTORNEY FOR PLAINTIFFS’ UIM CARRIER GEICO
FINAL JUDGMENT PAGE 6 OF 6
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.
Nicollette Morton on behalf of Zachary Horn
Bar No. 24078689
nmorton@lyongorsky.com
Envelope ID: 81997102
Filing Code Description: Non-Signed Proposed Order/Judgment
Filing Description: PROPOSED FINAL JUDGMENT
Status as of 11/28/2023 1:16 PM CST
Associated Case Party: KAYLEE MEDLOCK
Name BarNumber Email TimestampSubmitted Status
ZACH HORN zhorn@lyongorsky.com 11/28/2023 10:59:22 AM SENT
Associated Case Party: BERRYDONANDREW
Name BarNumber Email TimestampSubmitted Status
Brad K.Westmoreland brad@westmorelandlawfirm.com 11/28/2023 10:59:22 AM SENT
June Williamson jbwlegal23@gmail.com 11/28/2023 10:59:22 AM ERROR
Associated Case Party: LANDON MEDLOCK
Name BarNumber Email TimestampSubmitted Status
ZACH HORN zhorn@lyongorsky.com 11/28/2023 10:59:22 AM SENT
Associated Case Party: E M
Name BarNumber Email TimestampSubmitted Status
ZACH HORN zhorn@lyongorsky.com 11/28/2023 10:59:22 AM SENT
Associated Case Party: SHANNONA.HOLMES
Name BarNumber Email TimestampSubmitted Status
Shannon AHolmes shannon@shannonaholmes.com 11/28/2023 10:59:22 AM SENT
Karmina Valladares legalassistant@shannonaholmes.com 11/28/2023 10:59:22 AM SENT
Case Contacts
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.
Nicollette Morton on behalf of Zachary Horn
Bar No. 24078689
nmorton@lyongorsky.com
Envelope ID: 81997102
Filing Code Description: Non-Signed Proposed Order/Judgment
Filing Description: PROPOSED FINAL JUDGMENT
Status as of 11/28/2023 1:16 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Kirstie LStewart KirStewart@geico.com 11/28/2023 10:59:22 AM SENT
John Domaszek JDomaszek@geico.com 11/28/2023 10:59:22 AM SENT
Preview
NOTE: CONTAINS SENSITIVE INFORMATION CAUSE NO. DC-22-15846 KAYLEE AND LANDON MEDLOCK, § 1N THE DISTRICT COURT BOTH INDIVIDUALLY AND As NEXT § FRIEND 0F E.M., A MINOR CHILD § § VS. § 116TH JUDICIAL DISTRICT § BERRY DON ANDREW AND GARRETT § COLE MCCLESKEY § DALLAS COUNTY, TEXAS FINAL JUDGMENT BE 1T REMEMBERED that on this day came on for consideration the above entitled and numbered cause, wherein Kaylee Medlock, as Next Friend of Evianna Medlock, a Minor, are Plaintiffs, and Berry Don Andrew is Defendant. All parties appeared by their respective attorneys of record and announced that all issues, claims, demands, or causes of action have been compromised and settled and the consideration therefore paid in fiill, subject to approval of the Court, and that a jury had been waived. Under the terms of settlement, the Minor Plaintiff, Evianna Medlock (the "Minor Plaintiff"), is to recover upfiont cash and fiIture periodic payments with the combined total present cost sum of SIXTY-FIVE THOUSAND AND 00/100 DOLLARS ($65,000.00), payable by or on behalf of Defendant and Plaintiffs’ UIM Carrier GEICO County Mutual Insurance Company, said sum tendered in full and final settlement and compromise of all causes of action involved herein, with costs of court to be taxed against the party incurring same, in accordance with the agreement of the parties, as set forth below. The Parties have further entered into an agreement to provide for periodic fiIture payments to the Minor Plaintiff, as described below. Such agreement having been made known to the Court, the Court proceeded to hear the evidence and the recommendation of the Guardian Ad Litem, and is of the opinion from the evidence heard that such settlement is fair and just and in the best interest of the Minor Plaintiff herein, and should be apportioned between the various Plaintiffs as hereinafier provided. FINAL JUDGMENT PAGE l OF 6 NOTE: CONTAINS SENSITIVE INFORMATION Therefore, the Court hereby ORDERS AND DEGREES that such recovery should be apportioned as follows: TOTAL SETTLEMENT AMOUNT: $65,000.00 ($35,000.00 to be paid by Allstate Fire and Casualty Insurance Company on behalf of Defendant and $30,000.00 to be paid by Plaintiffs’ UIM Carrier GEICO) TO: KAYLEE MEDLOCK, AS NEXT FRIEND OF EVIANNA MEDLOCK, A MINOR, the sum of $65,000.00, out of which all expenses and attorney’s fees are to be paid, to-Wit: $21,666.67 as and for Plaintiffs’ reasonable attorney’s fees and expenses; with the balance of $43,333.33 for all outstanding medical expenses incurred by or on behalf of Plaintiffs, as follows: Subrogation Lien $1 1,006.89 TOTAL: $11,006.89 FOR: EVIANNA MEDLOCK, A MINOR, D/O/B 05/14/2019, suing herein by and through next friend, fiee and clear of all costs, expenses and attorney’s fees, the future periodic payments as described below, having a present cost of $32,326.44. It further appearing to the Court that the Minor Plaintiff has no legal guardian of the Minor Plaintiff’s estate, it is hereby ORDERED that the periodic payments to be made under the agreed settlement, recovered herein for the exclusive use and benefit of the Minor Plaintiff, are to be paid after the Minor Plaintiff reaches the age of majority in accordance with the terms of the Settlement Agreement and Release in Full of the parties, as follows: TO: EVIANNA MEDLOCK (“PAYEE”), A MINOR, D/O/B 05/14/2019, future periodic payments to be made according to the following schedule: Lump Sum Guaranteed - $7,500.00 payable on 05/ 14/2037, guaranteed. Lump Sum Guaranteed - $10,000.00 payable on 05/ 14/203 9, guaranteed. Lump Sum Guaranteed - $15,000.00 payable on 05/ 14/2041, guaranteed. Lump Sum Guaranteed - $20,000.00 payable on 05/ 14/2043, guaranteed. Lump Sum Guaranteed - $28,999.77 payable on 05/ 14/2045, guaranteed. FINAL JUDGMENT PAGE 2 OF 6 NOTE: CONTAINS SENSITIVE INFORMATION The obligation to make the periodic payments described above may be assigned to USAA Annuity Services Corporation and fiinded by an annuity contract issued by USAA Life Insurance Company, rated A++ XV by A.M. Best Company, and AA+ by Standard and Poor's. IT IS FURTHER ORDERED that the rights to receive the future Periodic Payments described herein cannot be accelerated, deferred, increased, or decreased by Plaintiff or any payee; nor shall Plaintiff or any payee have the power to sell, mortgage, pledge, encumber or anticipate the periodic payments or any part thereof, by assignment or otherwise. The rights to receive periodic payments granted to the minor Plaintiff may not be sold, transferred, hypothecated, pledged, or otherwise alienated in any manner, directly or indirectly, without the prior approval of the then- sitting Judge of this Court, as evidenced by an Order approving such transaction entered after compliance with all requirements of the Structured Settlement Protection Act, Section 141.001, Texas Civil Practice and Remedies Code, as it now exists or may hereafter be amended, or any successor to such statute. Further, prior to any sale, transfer, hypothecation, pledge or other alienation, the then-sitting Judge of this Court, must be presented with three (3) quotes fiom three (3) totally independent companies. A quote is defined as the amount of money that the purchaser is willing to pay the annuitant/payee for the right of the purchaser to receive the specified future periodic payments. Any purported or attempted sale, transfer, hypothecation, pledge, or other alienation of such payments rights that has not been so approved will be a direct violation of this Order. It is further ORDERED that the Guardian Ad Litem, Shannon Holmes, is hereby accorded a fee of $1,890.00, to be paid directly to the Guardian Ad Litem by Defendant and taxed as costs against Defendant. The Guardian Ad Litem shall be fully DISCHARGED upon transmission of the Minor Plaintiffs recovered funds into account referenced above. FINAL JUDGMENT PAGE 3 OF 6 NOTE: CONTAINS SENSITIVE INFORMATION The Coult fulther finds that the parties have executed or are concurrently executing a release agreement as consideration for settlement of this action by the terms of payment ordered herein, and it is accordingly, ORDERED, ADIUDGED and DECREED that the cause be, and same hereby is in all things declared fiilly settled and discharged, and DISMISSED WITH PREJUDICE. The Defendant, Berry Don Andrew, is hereby in all things DISCHARGED. All costs of Court herein are taxed against the party incurring same, except as specified above. All relief sought or which could have been sought herein by any of the parties hereto which is not expressly granted is denied. This Judgment is final and disposes of all claims and parties. SIGNED this the day of , 2023. JUDGE PRESIDING FINAL JUDGMENT PAGE 4 OF 6 NOTE: CONTAINS SENSITIVE INFORMATION APPROVED AND AGREED TO AND ENTRY REQUESTED: ls/ Zach Horn (signed by permission) ZACH HORN SBN: 24078689 Lyon, Gorsky & Gilbert, LLP 12001 N. Central Expressway, Suite 650 Dallas, Texas 75243 Telephone: 214-965-0090 Facsimile: 214-965-0097 zhorn@lyongorsky.com ATTORNEY FOR PLAINTIFFS ls/Shannon Holmes (signed by permission) SHANNON HOLMES SBN: 24076446 Law Firm of Shannon Anthony Holmes 8585 N. Stemmons Frwy., Suite 148M Dallas, Texas 75247 Telephone: 972-524-1903 Facsimile: 972-524-1992 shannon@shannonaholmes.com GUARDLAN AD LITEM /s/ Brad K. Westmoreland Brad K. Westmoreland WESTMORELAN D LAW FIRM, PLLC State Bar No. 24013734 606 N. Oak Branch Rd. Waxahachie, Texas 75167 (972) 937-7273 — office (972) 937-7299 — fax brad@westmorelandlawfirm.com ATTORNEY FOR DEFENDANT BERRY DON ANDREW FINAL JUDGMENT PAGE 5 OF 6 NOTE: CONTAINS SENSITIVE INFORMATION /s/ John T. Domaszek JOHN T. DOMASZEK SBN: 24128165 John T. Domaszek and Associates 50 Briar Hollow Ln., STE 505W Houston, Texas 77027 Telephone: 832-675-0800 Facsimile: 832-675-0805 jdomaszek@geico.com ATTORNEY FOR PLAINTIFFS’ UIM CARRIER GEICO FINAL JUDGMENT PAGE 6 OF 6 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. Nicollette Morton on behalf of Zachary Horn Bar No. 24078689 nmorton@lyongorsky.com Envelope ID: 81997102 Filing Code Description: Non-Signed Proposed Order/Judgment Filing Description: PROPOSED FINAL JUDGMENT Status as of 11/28/2023 1:16 PM CST Associated Case Party: KAYLEE MEDLOCK Name BarNumber Email TimestampSubmitted Status ZACH HORN zhorn@lyongorsky.com 11/28/2023 10:59:22 AM SENT Associated Case Party: BERRYDONANDREW Name BarNumber Email TimestampSubmitted Status Brad K.Westmoreland brad@westmorelandlawfirm.com 11/28/2023 10:59:22 AM SENT June Williamson jbwlegal23@gmail.com 11/28/2023 10:59:22 AM ERROR Associated Case Party: LANDON MEDLOCK Name BarNumber Email TimestampSubmitted Status ZACH HORN zhorn@lyongorsky.com 11/28/2023 10:59:22 AM SENT Associated Case Party: E M Name BarNumber Email TimestampSubmitted Status ZACH HORN zhorn@lyongorsky.com 11/28/2023 10:59:22 AM SENT Associated Case Party: SHANNONA.HOLMES Name BarNumber Email TimestampSubmitted Status Shannon AHolmes shannon@shannonaholmes.com 11/28/2023 10:59:22 AM SENT Karmina Valladares legalassistant@shannonaholmes.com 11/28/2023 10:59:22 AM SENT Case Contacts 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. Nicollette Morton on behalf of Zachary Horn Bar No. 24078689 nmorton@lyongorsky.com Envelope ID: 81997102 Filing Code Description: Non-Signed Proposed Order/Judgment Filing Description: PROPOSED FINAL JUDGMENT Status as of 11/28/2023 1:16 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Kirstie LStewart KirStewart@geico.com 11/28/2023 10:59:22 AM SENT John Domaszek JDomaszek@geico.com 11/28/2023 10:59:22 AM SENT