Preview
FILED
2/5/2024 1:10 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-21-17782
VINCENT MCNEIL, ANNETTE § IN THE DISTRICT COURT
POWERS, AND TYREA THOMAS, AS §
NEXT FRIEND OF T. H., A MINOR §
CHILD, INDIVIDUALLY AND AS §
HEIRS AND WRONGFUL DEATH §
BENEFICIARIES OF THE ESTATE OF §
LADARRELL MCNEIL, §
§
Plaintiffs, §
§
v. § 134TH JUDICIAL DISTRICT
§
RONALD RAY MARTIN FOUR A §
TRUCKING, LLC, RONALD RAY §
MARTIN, AND BITTER END DALLAS, §
LLC, §
§
Defendants. § DALLAS COUNTY, TEXAS
DEFENDANTS RONALD RAY MARTIN FOUR A TRUCKING, LLC, RONALD RAY
MARTIN, AND BITTER END DALLAS, LLC’S JOINT MOTION FOR
PARTIAL SUMMARY JUDGMENT TO DISMISS ALL CLAIMS BY
TYREA THOMAS, INDIVIDUALLY AND AS HEIR AND WRONGFUL DEATH
BENEFICIARY OF THE ESTATE OF LADARRELL MCNEIL
TO THE HONORABLE COURT:
NOW COMES DEFENDANTS RONALD RAY MARTIN FOUR A TRUCKING,
LLC, RONALD RAY MARTIN, AND BITTER END DALLAS, LLC and files this Joint
Motion to Partial Summary Judgment to Dismiss all claims by Tyrea Thomas, Individually and
as Heir and Wrongful Death Beneficiary of the estate of Ladarrell McNeil and in support of this
Motion would show unto the Court as follows:
I. INTRODUCTION
1. This lawsuit arises from a motor vehicle accident that occurred on January 8, 2021, which
resulted in the death of decedent Ladarrell McNeil.
DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 1 OF 8
2. On December 21, 2021, Plaintiffs Vincent McNeil, Annette Powers and Tyrea Thomas, as
Next Friend of T.H. (a minor child), Individually and as heirs and wrongful death
beneficiaries of the Estate of Ladarrell McNeil, filed their Original Petition.
3. On January 12, 2022, Defendants Ronald Ray Martin Four A Trucking, LLC and Ronald
Ray Martin filed their Original Answer.
4. On April 12, 2022, Defendant Bitter End Dallas, LLC filed its Original Answer.
5. On January 31, 2024, Defendant Bitter End Dallas LLC filed its Second Amended Answer,
which includes the affirmative defense of lack of standing by Tyrea Thomas, Individually
and as Heir and Wrongful Death Beneficiary of the Estate of Ladarrell McNeil.
6. This case is currently set for trial on March 25, 2024.
II. ARGUMENTS & AUTHORITIES
7. Standing, a necessary component of subject-matter jurisdiction, is a constitutional
prerequisite to maintaining a suit under Texas law. Tex. Ass'n of Bus. v. Tex. Air Control
Bd., 852 S.W.2d 440, 444 (Tex. 1993); see also Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d
547, 553-54, 44 Tex. Sup. Ct. J. 125 (Tex. 2000). The requirement of standing is implicit
in the Texas Constitution's open courts provision, which contemplates access to the courts
only for those litigants suffering an injury. Texas Ass'n of Bus., 852 S.W.2d at 444.
8. A plaintiff must have standing for the court to have subject-matter jurisdiction to decide
the merits of the plaintiff's claims. Farmers Tex. County Mut. Ins. Co. v. Romo, 250 S.W.3d
527, 532 (Tex. App.- Austin 2008, no pet.). The plaintiff must allege facts that
affirmatively demonstrate the court's jurisdiction to hear the cause. Texas Ass'n of Bus.,
852 S.W.2d at 446. As a necessary component of a court's subject-matter jurisdiction,
standing cannot be waived and can be raised for the first time on appeal. Id. at 445-46.
DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 2 OF 8
9. In Texas, the standing doctrine requires that (1) there be “a real controversy between the
parties,” and (2) that real controversy “will be actually determined by the judicial
declaration sought.” Nootsie, Ltd. v. Williamson County Appraisal Dist., 925 S.W.2d 659,
662 (Tex. 1996) (quoting Tex. Air Control Bd., 852 S.W.2d at 446). “The issue of standing
focuses on whether a party has a sufficient relationship with the lawsuit so as to have a
‘justiciable interest’ in its outcome.” Austin Nursing Ctr. v. Lovato, 171 S.W.3d
845, 848 (Tex. 2005) (quoting 6A Charles Alan Wright, Arthur R. Miller, and Mary Kay
Kane, Wright, Miller & Kane, Federal Practice and Procedure: Civil 2d § 1559, 441 (2d
ed. 1990)). “The determination of whether a plaintiff possesses standing to assert a
particular claim depends on the facts pleaded and the cause of action asserted.” Everett v.
TK-Taito, L.L.C., 178 S.W.3d 844, 853 (Tex. App.-Fort Worth 2005, no pet.). See also
M.D. Anderson Cancer Ctr. v. Novak, 52 S.W.3d 704, 707-08 (Tex. 2001) (analyzing
standing in the context of asserted claim). When standing has been statutorily conferred,
the statute itself serves as the proper framework for a standing analysis. Everett, at 851.
The plaintiff must allege and show how he has been injured or wronged within the
parameters of the language used in the statute. Id.
10. The general test for standing is whether there is a real controversy between the parties that
will actually be determined by the judicial declaration sought. Id. Standing focuses on the
question of who may bring a lawsuit. Patterson v. Planned Parenthood, 971 S.W.2d 439,
442 (Tex.1998). “To establish standing, a person must show a personal stake in the
controversy.” In re B.I.V., 923 S.W.2d 573, 574 (Tex. 1996) (per curiam). Standing must
exist at the time a plaintiff files suit; if the plaintiff lacks standing at the time of filing, the
case must be dismissed, even if the plaintiff later acquires an interest sufficient to support
DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 3 OF 8
standing. Doran v. ClubCorp USA, Inc., No. 05-06- 01511-CV, 2008 WL 451879, at *2
(Tex. App.-Dallas Feb. 21, 2008, no pet.) (mem. op.); Kilpatrick v. Kilpatrick, 205 S.W.3d
690, 703 (Tex. App.-Fort Worth 2006, pet. denied). And the standing doctrine requires a
controversy to continue to exist between the parties at every stage of the legal proceedings,
including the appeal. City of Dallas v. Woodfield, 305 S.W.3d 412,
416 (Tex. App.-Dallas 2010, no pet.).
11. Standing to sue may be predicated upon either statutory or common law authority. Nauslar
v. Coors Brewing Co., 170 S.W.3d 242, 252 (Tex. App.—Dallas 2005, no pet.); see
Williams v. Lara, 52 S.W.3d 171, 178–79 (Tex. 2001). The common law standing rules
apply except when standing is statutorily conferred. SCI Tex. Funeral Servs., Inc. v. Hijar,
214 S.W.3d 148, 153 (Tex. App.—El Paso 2007, pet. denied).
12. A party may challenge subject matter jurisdiction in a motion for summary judgment.
Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). Upon such a challenge,
the plaintiff has the burden to allege facts affirmatively demonstrating that the trial court
has subject matter jurisdiction. See Texas Ass'n of Bus., 852 S.W.2d at 446. Whether a
person has a right to bring a survival action on behalf of an estate is a question of standing.
See Shepherd v. Ledford, 962 S.W.2d 28, 41 Tex. Sup. Ct. J. 333 (Tex. 1998).
13. Under the Texas Survival Statute,
(a) A cause of action for personal injury to the health, reputation, or
person of an injured person does not abate because of the death of
the injured person or because of the death of a person liable for the
injury.
(b) A personal injury action survives to and in favor of the heirs,
legal representatives, and estate of the injured person. The action
survives against the liable person and the person’s legal
representatives.
(c) The suit may be instituted and prosecuted as if the liable person
were alive.
DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 4 OF 8
TEX. CIV. PRAC. & REM. CODE § 71.021(emphasis added).
14. A wrongful death cause of action did not exist at common law but was created by statute.
TEX. CIV. PRAC. & REM. CODE ANN. § 71.002(b); Moreno v. Sterling Drug, Inc., 787
S.W.2d 348, 356 (Tex. 1990). Per the Texas Wrongful Death Statute,
(a) An action to recover damages as provided by this subchapter is for
the exclusive benefit of the surviving spouse, children, and parents
of the deceased.
(b) The surviving spouse, children, and parents of the deceased may
bring the action or one or more of those individuals may bring the
action for the benefit of all.
(c) If none of the individuals entitled to bring an action have begun the
action within three calendar months after the death of the injured
individual, his executor or administrator shall bring and prosecute
the action unless requested not to by all those individuals.
TEX. CIV. PRAC. & REM. CODE § 71.004 (emphasis added).
15. In this case, there is no evidence that Tyrea Thomas was decedent Ladarrell McNeil’s
surviving spouse nor is there any evidence that she is decedent’s legal heir, legal
representative or entitled to part of Ladarrell McNeil’s estate.
16. It is undisputed that decedent Ladarrell McNeil and Tyrea Thomas were never formally
married. In fact, Miss Thomas admitted in her deposition that she had never “been
ceremonially married.” See Exhibit A, Deposition of Tyrea Thomas, pg. 11, lines 23-25.
Moreover, Miss Thomas testified that since she and decedent were together, she only went
by the last name “Thomas,” never had joint bank account with decedent and each had their
own bank accounts, and she and decedent never held each other out as husband and wife.”
See Exhibit A, pg. 62, line 16-pg. 63, line 20.
17. Furthermore, the decedent’s mother, Annette Powers also testified that Ladarrell McNeil
was never married. See Exhibit B, Deposition of Annette Powers, pg. 24, lines 4-5.
Moreover, Ladarrell McNeil’s obituary refers to Miss Thomas not as his spouse, but as “a
DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 5 OF 8
special friend.” See Exhibit C—Ladarrell McNeil’s Obituary. As Tyrea Thomas is not
decedent’s surviving spouse, she has no individual standing for any survival or wrongful
death claims.
18. “A party is interested in a decedent's estate if he is an heir, devisee, spouse, creditor, or
any other person with a property right in, or claim against, the estate.” Winegardner v.
Hughes, Nos. 07-18-00434-CV, 07-19-00283-CV, 2020 Tex. App. LEXIS 3485, at *4
(Tex. App.—Amarillo Apr. 23, 2020, no pet.) (citing Tex. Est. Code Ann. § 22.018(1)
(West 2014)). In a probate proceeding a party whose standing is challenged must prove
he has an interest in the estate. Id., (citing In re Estate of Daniels, 575 S.W.3d 841, 844
(Tex. App.—Texarkana 2019, pet. denied).
19. Tyrea Thomas was not decedent’s heir, devisee, spouse, creditor nor does she has any
property right or claim against Ladarrell McNeil’s estate. There is no evidence that
Ladarrell McNeil had a valid will at the time of his death, so Tyrea Thomas is not a devisee
as there is no “testamentary disposition of real property, personal property.” See Tex.
Estates Code § 22.008. An heir is defined as a “person who is entitled under the statutes
of descent and distribution to a part of the estate of a decedent. The term includes
decedent’s surviving spouse.” Tex. Estates Code § 22.015.
20. As stated above, Tyrea Thomas was not decedent’s surviving spouse. Furthermore, she is
not entitled to a part of Ladarrell McNeil’s estate under the Texas statutes of descent.
III. CONCLUSION
21. Per the Texas Survival and Wrongful Death statutes, Tyrea Thomas lacks standing to
pursue her individual claims in this case. She is not a surviving spouse nor is she a statutory
heir. As such, all individual claims asserted by Tyrea Thomas against Defendants Ronald
DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 6 OF 8
Ray Martin Four A Trucking, LLC Ronald Ray Martin, and Bitter End Dallas, LLC must
be dismissed.
IV. PRAYER
22. For the above reasons, Defendants Ronald Ray Martin Four A Trucking, LLC Ronald Ray
Martin, and Bitter End Dallas, LLC respectfully requests the Court grant Defendants’
Motion for Partial Summary Judgment and dismiss all individual claims asserted by
Plaintiff Tyrea Thomas and for all other and further relief, at law or in equity, to which
Defendants may be justly entitled.
Respectfully submitted,
THE WILLIS LAW GROUP
/s/ Jennifer J. Clayton
WILLIAM J. CLAY
State Bar No. 04332425
JENNIFER J. CLAYTON
State Bar No. 24048395
KIRK D. WILLIS
State Bar No. 21648500
6600 Naaman Forest Blvd.
Garland, Texas 75044
Tel: (214) 736-9433
Fax: (214) 736-9994
E-Service: service@thewillislawgroup.com
ATTORNEYS FOR DEFENDANT
BITTER END DALLAS, LLC
AND
HARRISON HULL & MUMM, PLLC
/s/ Lisa D. Hull
LISA D. HULL
State Bar No. 00784308
112 West Virginia Street
McKinney, Texas 75069
Tel.: (214) 585-0094
DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 7 OF 8
Fax: (214) 585-0942
E-service: lhull@harrisonhull.com
ATTORNEYS FOR DEFENDANTS
RONALD RAY MARTIN FOUR A
TRUCKING, LLC AND RONALD
RAY MARTIN
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing document
has been forwarded to all counsel of record via E-Service on the 5th day of February 2024.
/s/ Jennifer J. Clayton
JENNIFER J. CLAYTON
DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 8 OF 8
EXHIBIT “A”
Page 1
1 CAUSE NO. DC-2117782
2 VINCENT MCNEIL, ANNETTE ) IN THE DISTRICT COURT
POWERS, AND TYREA THOMAS, )
3 AS NEXT FRIEND OF T.H., A )
MINOR CHILD, INDIVIDUALLY )
4 AND AS HEIRS AND WRONGFUL )
DEATH BENEFICIARIES OF THE )
5 ESTATE OF LADARRELL )
MCNEIL, DECEASED, )
6 )
Plaintiffs, ) 134TH JUDICIAL DISTRICT
7 )
VS. )
8 )
RONALD RAY MARTIN FOUR A )
9 TRUCKING, LLC, RONALD RAY )
MARTIN, AND BITTER END )
10 DALLAS, LLC, )
)
11 Defendants. ) DALLAS COUNTY, TEXAS
12
-----------------------------------
13 ORAL AND VIDEOTAPED DEPOSITION OF
TYREA CLEVETTE THOMAS
14 APRIL 12, 2023
-----------------------------------
15
16 ORAL AND VIDEOTAPED DEPOSITION OF TYREA CLEVETTE
17 THOMAS, produced as a witness at the instance of the
18 DEFENDANT, Bitter End Dallas, LLC, and duly sworn, was
19 taken in the above-styled and numbered cause on
20 April 12, 2023, from 11:38 a.m. to 1:18 p.m., before
21 Lisa M. Durham, CSR in and for the State of Texas,
22 reported by machine shorthand, at the offices of
23 The Kelley Law Firm, located at 201 North Harwood
24 Street, City of Dallas, County of Dallas, State of
25 Texas, pursuant to the Texas Rules of Civil Procedure.
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1 A P P E A R A N C E S
2
FOR THE PLAINTIFFS:
3
Ms. Brenna L. Sanchez
4 DUNK LAW FIRM
717 Franklin Street
5 Houston, Texas 77002
(713) 223-1435
6 bsanchez@dunklawyers.com
7 Ms. Patricia Morgan
THE KELLEY LAW FIRM, PC
8 201 North Harwood Street
Dallas, Texas 75201
9 (972) 853-5398
morgan@kelleyfirm.com
10
11 FOR THE DEFENDANTS, RONALD RAY MARTIN FOUR A TRUCKING,
LLC, and RONALD RAY MARTIN:
12
Mr. Richard E. Harrison
13 HARRISON, HULL & MUMM, PLLC
112 West Virginia Street
14 McKinney, Texas 75069
(214) 585-0094
15 rharrison@harrisonhull.com
16
FOR THE DEFENDANT, BITTER END DALLAS, LLC:
17
Mr. D. Robert Jones
18 Ms. Martha Melaku
THE WILLIS LAW GROUP
19 6600 Naaman Forest Boulevard
Garland, Texas 75044
20 (214) 736-9433
rjones@thewillislawgroup.com
21 mmelaku@thewillislawgroup.com
22
ALSO PRESENT:
23
Mr. Randy Johnson, Videographer
24
25 Job No. CS5840555
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1 INDEX
PAGE
2
Appearances.......................................... 2
3
TYREA CLEVETTE THOMAS
4
EXAMINATION BY MR. JONES........................ 4
5 EXAMINATION BY MR. HARRISON..................... 58
FURTHER EXAMINATION BY MR. JONES................ 79
6 FURTHER EXAMINATION BY MR. HARRISON............. 81
7 Signature and Changes............................... 83
Reporter's Certificate.............................. 84
8
9
EXHIBITS
10
(NONE)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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Page 11
1 A. American Care Academy.
2 Q. Where is that located?
3 A. It's off of I-35 -- I don't know the cross
4 street, but it's right off the service road of I-35.
5 Q. Do you know how much that costs per month?
6 A. Out-of-pocket for me, it's 243.
7 Q. Does anybody help you with that expense?
8 A. Yes.
9 Q. Is that Ms. Powers?
10 A. Yes.
11 Q. When you think of Ms. Powers, do you think of
12 her as your mother-in-law?
13 A. Something like that, yes.
14 Q. Okay. She's the grandmother of your child?
15 A. Right.
16 Q. And the father of your child's father?
17 A. Yes.
18 THE VIDEOGRAPHER: I'm sorry. Is there any
19 way you could just move that bottle off on the --
20 THE WITNESS: Oh, this? I'm sorry.
21 THE VIDEOGRAPHER: Yeah, just off to the
22 side. Thank you. Maybe a little bit more. Thank you.
23 Q. (BY MR. JONES) Have you ever been ceremonially
24 married?
25 A. No.
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Page 62
1 A. Yes.
2 Q. And the paternity results are dated in April of
3 2020. So it would appear that you would have moved in
4 in April or May of 2020 with LaDarrell, correct?
5 A. Correct. So we actually had two. We had an
6 at-home test, and then we had the one at the actual
7 office.
8 Q. Sorry?
9 A. We had two different paternity tests. The
10 first one we had was an at-home test, and then we
11 actually had another one at a location.
12 Q. But the date -- the time frame is still right.
13 You would have moved in sometime in April or May of
14 2020, correct?
15 A. It sounds about right.
16 Q. Now, have you -- since the time when you moved
17 in, were you going by the last name of Thomas?
18 A. Correct.
19 Q. And you still go by the last name of Thomas?
20 A. Correct.
21 Q. And when you and LaDarrell were living
22 together, you were using the last name of Thomas,
23 correct?
24 A. Correct.
25 Q. In terms of the finances, did you have a joint
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Page 63
1 checking account?
2 A. No.
3 Q. LaDarrell had his checking account?
4 A. Yes.
5 Q. And you had your own checking account?
6 A. Yes.
7 Q. After paternity was established would be the
8 first time you met Ms. Powers, correct?
9 A. Yes.
10 Q. And at that time, you were introduced as the
11 mother of LaDarrell's daughter, correct?
12 A. Yes.
13 Q. But you weren't introduced as his wife, were
14 you?
15 A. Correct.
16 Q. And so you and LaDarrell never held each other
17 out as husband and wife, did you?
18 A. No.
19 Q. No, that's correct?
20 A. That's correct.
21 Q. I understand that you're not -- don't have any
22 kind of strong affiliation with a particular church. Is
23 that right?
24 A. I do have an affiliation to a church. I just
25 haven't been much since the accident.
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1 CHANGES AND SIGNATURE
2 WITNESS NAME: TYREA CLEVETTE THOMAS DATE: APRIL 12, 2023
3 PAGE LINE CHANGE REASON
4 ________________________________________________________
5 ________________________________________________________
6 ________________________________________________________
7 ________________________________________________________
8 ________________________________________________________
9 ________________________________________________________
10 ________________________________________________________
11 I, TYREA CLEVETTE THOMAS, have read the
foregoing deposition and hereby affix my signature that
12 same is true and correct, except as noted above.
13
_________________________________
14 TYREA CLEVETTE THOMAS
15 THE STATE OF __________)
COUNTY OF _____________)
16
Before me, ___________________________, on this day
17 personally appeared TYREA CLEVETTE THOMAS, known to me
(or proved to me under oath or through
18 ___________________________) (description of identity
card or other document)) to be the person whose name is
19 subscribed to the foregoing instrument and acknowledged
to me that they executed the same for the purposes and
20 consideration therein expressed.
21 Given under my hand and seal of office this
__________ day of ________________________, __________.
22
23 _________________________________
NOTARY PUBLIC IN AND FOR
24 THE STATE OF ____________________
COMMISSION EXPIRES: _____________
25
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1 NO. DC-2117782
2 VINCENT MCNEIL, ANNETTE ) IN THE DISTRICT COURT
POWERS, AND TYREA THOMAS, )
3 AS NEXT FRIEND OF T.H., A )
MINOR CHILD, INDIVIDUALLY )
4 AND AS HEIRS AND WRONGFUL )
DEATH BENEFICIARIES OF THE )
5 ESTATE OF LADARRELL )
MCNEIL, DECEASED, )
6 )
Plaintiffs, ) 134TH JUDICIAL DISTRICT
7 )
VS. )
8 )
RONALD RAY MARTIN FOUR A )
9 TRUCKING, LLC, RONALD RAY )
MARTIN, AND BITTER END )
10 DALLAS, LLC, )
)
11 Defendants. ) DALLAS COUNTY, TEXAS
12
REPORTER'S CERTIFICATION
13 DEPOSITION OF TYREA CLEVETTE THOMAS
APRIL 12, 2023
14
15 I, Lisa M. Durham, Certified Shorthand Reporter in
16 and for the State of Texas, hereby certify to the
17 following:
18 That the witness, TYREA CLEVETTE THOMAS, was duly
19 sworn by the officer and that the transcript of the oral
20 deposition is a true record of the testimony given by
21 the witness;
22 That the deposition transcript was submitted on
23 ____________________ to the witness or to the attorney
24 for the witness for examination, signature and return to
25 me by ___________________ ;
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1 That the amount of time used by each party at the
2 deposition is as follows:
3 Mr. D. Robert Jones - 00:55:18
Ms. Brenna L. Sanchez - 00:00:02
4 Ms. Patricia Morgan - 00:00:00
Mr. Richard E. Harrison - 00:31:00
5 Ms. Martha Melaku - 00:00:00
6
7 That pursuant to information given to the
8 deposition officer at the time said testimony was taken,
9 the following includes counsel for all parties of
10 record:
11 Ms. Brenna L. Sanchez and Ms. Patricia Morgan,
Attorneys for Plaintiff
12
Mr. Richard E. Harrison, Attorney for Defendant,
13 RONALD RAY MARTIN FOUR A TRUCKING, LLC and
RONALD RAY MARTIN
14
Mr. D. Robert Jones and Ms. Martha Melaku,
15 Attorneys for Defendant, BITTER END DALLAS, LLC
16
17 I further certify that I am neither counsel for,
18 related to, nor employed by any of the parties or
19 attorneys in the action in which this proceeding was
20 taken, and further that I am not financially or
21 otherwise interested in the outcome of the action.
22
23 Further certification requirements pursuant to
24 Rule 203 of TRCP will be certified to after they have
25 occurred.
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1 Certified to by me this 26th day of April, 2023.
2
3
4
5 <%13205,Signature%>
6 Lisa M. Durham, Texas CSR #6651
Veritext Legal Solutions
7 Firm Registration #571
300 Throckmorton Street
8 Suite 1600
Fort Worth, Texas 76102
9 (817) 336-3042
Expiration Date: 01/31/24
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1 FURTHER CERTIFICATION UNDER RULE 203 TRCP
2 The original deposition was/was not returned to the
3 deposition officer on _________________________;
4 If returned, the attached Changes and Signature
5 page contains any changes and the reasons therefor;
6 If returned, the original deposition was delivered
7 to Mr. D. Robert Jones, Custodial Attorney;
8 That $__________ is the deposition officer's
9 charges to the Defendant, Bitter End Dallas, LLC, for
10 preparing the original deposition transcript and any
11 copies of exhibits;
12 That the deposition was delivered in accordance
13 with Rule 203.3, and that a copy of this certificate was
14 served on all parties shown herein on and filed with the
15 Clerk.
16 Certified to by me this __________ day of ________,
17 2023.
18
19
20
<%13205,Signature%>
21 Lisa M. Durham, Texas CSR #6651
Veritext Legal Solutions
22 Firm Registration #571
300 Throckmorton Street
23 Suite 1600
Fort Worth, Texas 76102
24 (817) 336-3042
Expiration Date: 01/31/24
25
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Page 88
1 Patricia Morgan Esq
2 morgan@kelleyfirm.com
3 April 26th, 2023
4 RE: Mcneil, Vincent v Martin, Ronald Ray
5 DEPOSITION OF: TYREA CLEVETTE THOMAS Job No. CS5840555
6 The above-referenced witness transcript is
7 available for read and sign.
8 Within the applicable timeframe, the witness
9 should read the testimony to verify its accuracy. If
10 there are any changes, the witness should note those
11 on the attached Errata Sheet.
12 The witness should sign and notarize the
13 attached Errata pages and return to Veritext at
14 errata-tx@veritext.com.
15 According to applicable rules or agreements, if
16 the witness fails to do so within the time allotted,
17 a certified copy of the transcript may be used as if
18 signed.
19 Yours,
20 Veritext Legal Solutions
21
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EXHIBIT “B”
Page 1
1 CAUSE NO. DC-2117782
2 VINCENT MCNEIL, ANNETTE ) IN THE DISTRICT COURT
POWERS, AND TYREA THOMAS, )
3 AS NEXT FRIEND OF T.H., A )
MINOR CHILD, INDIVIDUALLY )
4 AND AS HEIRS AND WRONGFUL )
DEATH BENEFICIARIES OF THE )
5 ESTATE OF LADARRELL )
MCNEIL, DECEASED, )
6 )
Plaintiffs, ) 134TH JUDICIAL DISTRICT
7 )
VS. )
8 )
RONALD RAY MARTIN FOUR A )
9 TRUCKING, LLC, RONALD RAY )
MARTIN, AND BITTER END )
10 DALLAS, LLC, )
)
11 Defendants. ) DALLAS COUNTY, TEXAS
12 -----------------------------------
13 ORAL AND VIDEOTAPED DEPOSITION OF
ANNETTE FRANKLIN POWERS
14 APRIL 12, 2023
15 -----------------------------------
16 ORAL AND VIDEOTAPED DEPOSITION OF ANNETTE FRANKLIN
17 POWERS, produced as a witness at the instance of the
18 DEFENDANT, Bitter End Dallas, LLC, and duly sworn, was
19 taken in the above-styled and numbered cause on
20 April 12, 2023, from 9:16 a.m. to 11:26 a.m., before
21 Lisa M. Durham, CSR, reported by machine shorthand, at
22 the offices of The Kelley Law Firm, located at 201 North
23 Harwood Street, City of Dallas, County of Dallas,
24 State of Texas, pursuant to the Texas Rules of Civil
25 Procedure.
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1 A P P E A R A N C E S
2
FOR THE PLAINTIFFS:
3
Ms. Brenna L. Sanchez
4 DUNK LAW FIRM
717 Franklin Street
5 Houston, Texas 77002
(713) 223-1435
6 bsanchez@dunklawyers.com
7 Ms. Patricia Morgan
THE KELLEY LAW FIRM, PC
8 201 North Harwood Street
Dallas, Texas 75201
9 (972) 853-5398
morgan@kelleyfirm.com
10
11 FOR THE DEFENDANTS, RONALD RAY MARTIN FOUR A TRUCKING,
LLC, and RONALD RAY MARTIN:
12
Mr. Richard E. Harrison
13 HARRISON, HULL & MUMM, PLLC
112 West Virginia Street
14 McKinney, Texas 75069
(214) 585-0094
15 rharrison@harrisonhull.com
16
FOR THE DEFENDANT, BITTER END DALLAS, LLC:
17
Mr. D. Robert Jones
18 Ms. Martha Melaku
THE WILLIS LAW GROUP
19 6600 Naaman Forest Boulevard
Garland, Texas 75044
20 (214) 736-9433
rjones@thewillislawgroup.com
21 mmelaku@thewillislawgroup.com
22
ALSO PRESENT:
23
Mr. Randy Johnson, Videographer
24
25 Job No. CS5840555
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1 INDEX
2 PAGE
3 Appearances.......................................... 2
4 ANNETTE FRANKLIN POWERS
Examination by Mr. Jones......................... 4
5 Examination by Mr. Harrison......................56
Further Examination by Mr. Jones.................93
6
Signature and Changes.................................96
7 Reporter's Certificate................................97
8
EXHIBITS
9
NO. DESCRIPTION MARKED/ID'D
10
Exhibit 1 Photograph, PLTF0140 80/80
11
Exhibit 2 Photograph, PLTF0141 80/81
12
Exhibit 3 Photograph, PLTF0142 80/81
13
Exhibit 4 Photograph, PLTF0143 80/81
14
Exhibit 5 Photograph, PLTF0144 80/82
15
Exhibit 6 Photograph, PLTF0145 80/82
16
Exhibit 7 Photograph, PLTF0146 80/82
17
Exhibit 8 Photograph, PLTF0147 80/83
18
Exhibit 9 Police Report, PLTF0150 80/--
19
Exhibit 10 Copy of Driver's License, 80/83
20 PLTF0154
21
22
23
24
25
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1 PROCEEDINGS
2 (April 12, 2023, 9:16 a.m.)
3 THE VIDEOGRAPHER: We are now on the record
4 for the video deposition of Annette Powers. The time is
5 9:16 a.m. The date is April 12, 2023.
6 Will counsel please state their appearances
7 for the record?
8 MS. SANCHEZ: Brenna Sanchez for the
9 plaintiffs.
10 MR. HARRISON: I'm Richard Harrison, and
11 I'm here on behalf of Mr. Miller [sic].
12 MR. JONES: I'm Rob Jones for the
13 defendant, the Bitter End.
14 THE VIDEOGRAPHER: If the court reporter
15 could administer the oath.
16 ANNETTE FRANKLIN POWERS,
17 having been first duly sworn, testified as follows:
18 EXAMINATION
19 BY MR. JONES:
20 Q. Good morning. Would you tell us your name,
21 please?
22 A. Annette Powers.
23 Q. Ms. Powers, I'm Rob Jones. You just heard me
24 introduce myself. I represent one of the defendants,
25 the -- the Bitter End.
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1 A. Okay.
2 Q. And I've got questions for you today.
3 A. Okay.
4 Q. Where do you live?
5 A. In Lancaster, Texas.
6 Q. What is your home address?
7 A. 2837 Yellow Rose Lane.
8 Q. Who lives there with you?
9 A. My husband, my two daughters.
10 Q. Your husband's name?
11 A. Leon Powers.
12 Q. And your daughters' names?
13 A. Kiera Powers, Kayla Powers.
14 Q. How old are they?
15 A. Seventeen -- 19. Well, she'll be 19 this year,
16 so she's 18 right now. And the other one is 23.
17 Q. All right. Have you given a deposition before?
18 A. No.
19 Q. Have you testified under oath under any
20 circumstances?
21 A. No.
22 Q. All right. Well, you're under oath, sworn to
23 tell the truth. Do you understand that?
24 A. Yes.
25 Q. Some things that'll help the record be more
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1 A. No.
2 Q. Had he gone to the military at all?
3 A. No.
4 Q. Was LaDarrell ever married?
5 A. No.
6 Q. Other than his work at the school and coaching
7 football, what other interests or hobbies did LaDarrell
8 have?
9 A. Working consumed his time because after work,
10 he would always come over to my house, and we would go
11 over the next lesson for the next day. So he was really
12 trying to really grasp teaching and was a lot into it,
13 because again, we were not that full at 100 percent face
14 to face.
15 So he had to prepare lessons not only for
16 the students that was face to face, but the students
17 that was at home learning. And we had to place it in
18 this platform called Google Classroom so that the
19 students that were still at home learning could log into
20 Google Classroom and see all the lessons that was
21 recorded, demonstrated by LaDarrell, placed into Google,
22 so that they could still learn and still feel like
23 there's a teacher there, because he would explain the
24 lesson before he would give them practice work. And at
25 the same time, he had to prepare for the face-to-face
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1 CHANGES AND SIGNATURE
2 WITNESS NAME: ANNETTE FRANKLIN POWERS DATE: 4/12/23
3 PAGE LINE CHANGE REASON
4 ________________________________________________________
5 ________________________________________________________
6 ________________________________________________________
7 ________________________________________________________
8 ________________________________________________________
9 ________________________________________________________
10 ________________________________________________________
11 I, ANNETTE FRANKLIN POWERS, have read the
foregoing deposition and hereby affix my signature that
12 same is true and correct, except as noted above.
13
_________________________________
14 ANNETTE FRANKLIN POWERS
15 THE STATE OF __________)
COUNTY OF _____________)
16
Before me, ___________________________, on this day
17 personally appeared ANNETTE FRANKLIN POWERS, known to me
(or proved to me under oath or through
18 ___________________________) (description of identity
card or other document)) to be the person whose name is
19 subscribed to the foregoing instrument and acknowledged
to me that they executed the same for the purposes and
20 consideration therein expressed.
21 Given under my hand and seal of office this
__________ day of ________________________, __________.
22
23 _________________________________
NOTARY PUBLIC IN AND FOR
24 THE STATE OF ____________________
COMMISSION EXPIRES: _____________
25
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1 NO. DC-2117782
2 VINCENT MCNEIL, ANNETTE ) IN THE DISTRICT COURT
POWERS, AND TYREA THOMAS, )
3 AS NEXT FRIEND OF T.H., A )
MINOR CHILD, INDIVIDUALLY )
4 AND AS HEIRS AND WRONGFUL )
DEATH BENEFICIARIES OF THE )
5 ESTATE OF LADARRELL )
MCNEIL, DECEASED, )
6 )
Plaintiffs, ) 134TH JUDICIAL DISTRICT
7 )
VS. )
8 )
RONALD RAY MARTIN FOUR A )
9 TRUCKING, LLC, RONALD RAY )
MARTIN, AND BITTER END )
10 DALLAS, LLC, )
)
11 Defendants. ) DALLAS COUNTY, TEXAS
12
REPORTER'S CERTIFICATION
13 DEPOSITION OF ANNETTE FRANKLIN POWERS
APRIL 12, 2023
14
15 I, Lisa M. Durham, Certified Shorthand Reporter in
16 and for the State of Texas, hereby certify to the
17 following:
18 That the witness, ANNETTE FRANKLIN POWERS, was duly
19 sworn by the officer and that the transcript of the oral
20 deposition is a true record of the testimony given by
21 the witness;
22 That the deposition transcript was submitted on
23 ____________________ to the witness or to the attorney
24 for the witness for examination, signature and return to
25 me by ___________________ ;
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1 That the amount of time used by each party at the
2 deposition is as follows:
3 Mr. D. Robert Jones - 01:03:58
Ms. Brenna L. Sanchez - 00:00:00
4 Ms. Patricia Morgan - 00:00:00
Mr. Richard E. Harrison - 00:55:23
5 Ms. Martha Melaku - 00:00:00
6
7 That pursuant to information given to the
8 deposition officer at the time said testimony was taken,
9 the following includes counsel for all parties of
10 record:
11 Ms. Brenna L. Sanchez and Ms. Patricia Morgan,
Attorneys for Plaintiff
12
Mr. Richard E. Harrison, Attorney for Defendant,
13 RONALD RAY MARTIN FOUR A TRUCKING, LLC and
RONALD RAY MARTIN
14
Mr. D. Robert Jones and Ms. Martha Melaku,
15 Attorneys for Defendant, BITTER END DALLAS, LLC
16
17 I further certify that I am neither counsel for,
18 related to, nor employed by any of the parties or
19 attorneys in the action in which this proceeding was
20 taken, and further that I am not financially or
21 otherwise interested in the outcome of the action.
22
23 Further certification requirements pursuant to
24 Rule 203 of TRCP will be certified to after they have
25 occurred.
Preview
FILED 2/5/2024 1:10 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-21-17782 VINCENT MCNEIL, ANNETTE § IN THE DISTRICT COURT POWERS, AND TYREA THOMAS, AS § NEXT FRIEND OF T. H., A MINOR § CHILD, INDIVIDUALLY AND AS § HEIRS AND WRONGFUL DEATH § BENEFICIARIES OF THE ESTATE OF § LADARRELL MCNEIL, § § Plaintiffs, § § v. § 134TH JUDICIAL DISTRICT § RONALD RAY MARTIN FOUR A § TRUCKING, LLC, RONALD RAY § MARTIN, AND BITTER END DALLAS, § LLC, § § Defendants. § DALLAS COUNTY, TEXAS DEFENDANTS RONALD RAY MARTIN FOUR A TRUCKING, LLC, RONALD RAY MARTIN, AND BITTER END DALLAS, LLC’S JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT TO DISMISS ALL CLAIMS BY TYREA THOMAS, INDIVIDUALLY AND AS HEIR AND WRONGFUL DEATH BENEFICIARY OF THE ESTATE OF LADARRELL MCNEIL TO THE HONORABLE COURT: NOW COMES DEFENDANTS RONALD RAY MARTIN FOUR A TRUCKING, LLC, RONALD RAY MARTIN, AND BITTER END DALLAS, LLC and files this Joint Motion to Partial Summary Judgment to Dismiss all claims by Tyrea Thomas, Individually and as Heir and Wrongful Death Beneficiary of the estate of Ladarrell McNeil and in support of this Motion would show unto the Court as follows: I. INTRODUCTION 1. This lawsuit arises from a motor vehicle accident that occurred on January 8, 2021, which resulted in the death of decedent Ladarrell McNeil. DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 1 OF 8 2. On December 21, 2021, Plaintiffs Vincent McNeil, Annette Powers and Tyrea Thomas, as Next Friend of T.H. (a minor child), Individually and as heirs and wrongful death beneficiaries of the Estate of Ladarrell McNeil, filed their Original Petition. 3. On January 12, 2022, Defendants Ronald Ray Martin Four A Trucking, LLC and Ronald Ray Martin filed their Original Answer. 4. On April 12, 2022, Defendant Bitter End Dallas, LLC filed its Original Answer. 5. On January 31, 2024, Defendant Bitter End Dallas LLC filed its Second Amended Answer, which includes the affirmative defense of lack of standing by Tyrea Thomas, Individually and as Heir and Wrongful Death Beneficiary of the Estate of Ladarrell McNeil. 6. This case is currently set for trial on March 25, 2024. II. ARGUMENTS & AUTHORITIES 7. Standing, a necessary component of subject-matter jurisdiction, is a constitutional prerequisite to maintaining a suit under Texas law. Tex. Ass'n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 444 (Tex. 1993); see also Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 553-54, 44 Tex. Sup. Ct. J. 125 (Tex. 2000). The requirement of standing is implicit in the Texas Constitution's open courts provision, which contemplates access to the courts only for those litigants suffering an injury. Texas Ass'n of Bus., 852 S.W.2d at 444. 8. A plaintiff must have standing for the court to have subject-matter jurisdiction to decide the merits of the plaintiff's claims. Farmers Tex. County Mut. Ins. Co. v. Romo, 250 S.W.3d 527, 532 (Tex. App.- Austin 2008, no pet.). The plaintiff must allege facts that affirmatively demonstrate the court's jurisdiction to hear the cause. Texas Ass'n of Bus., 852 S.W.2d at 446. As a necessary component of a court's subject-matter jurisdiction, standing cannot be waived and can be raised for the first time on appeal. Id. at 445-46. DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 2 OF 8 9. In Texas, the standing doctrine requires that (1) there be “a real controversy between the parties,” and (2) that real controversy “will be actually determined by the judicial declaration sought.” Nootsie, Ltd. v. Williamson County Appraisal Dist., 925 S.W.2d 659, 662 (Tex. 1996) (quoting Tex. Air Control Bd., 852 S.W.2d at 446). “The issue of standing focuses on whether a party has a sufficient relationship with the lawsuit so as to have a ‘justiciable interest’ in its outcome.” Austin Nursing Ctr. v. Lovato, 171 S.W.3d 845, 848 (Tex. 2005) (quoting 6A Charles Alan Wright, Arthur R. Miller, and Mary Kay Kane, Wright, Miller & Kane, Federal Practice and Procedure: Civil 2d § 1559, 441 (2d ed. 1990)). “The determination of whether a plaintiff possesses standing to assert a particular claim depends on the facts pleaded and the cause of action asserted.” Everett v. TK-Taito, L.L.C., 178 S.W.3d 844, 853 (Tex. App.-Fort Worth 2005, no pet.). See also M.D. Anderson Cancer Ctr. v. Novak, 52 S.W.3d 704, 707-08 (Tex. 2001) (analyzing standing in the context of asserted claim). When standing has been statutorily conferred, the statute itself serves as the proper framework for a standing analysis. Everett, at 851. The plaintiff must allege and show how he has been injured or wronged within the parameters of the language used in the statute. Id. 10. The general test for standing is whether there is a real controversy between the parties that will actually be determined by the judicial declaration sought. Id. Standing focuses on the question of who may bring a lawsuit. Patterson v. Planned Parenthood, 971 S.W.2d 439, 442 (Tex.1998). “To establish standing, a person must show a personal stake in the controversy.” In re B.I.V., 923 S.W.2d 573, 574 (Tex. 1996) (per curiam). Standing must exist at the time a plaintiff files suit; if the plaintiff lacks standing at the time of filing, the case must be dismissed, even if the plaintiff later acquires an interest sufficient to support DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 3 OF 8 standing. Doran v. ClubCorp USA, Inc., No. 05-06- 01511-CV, 2008 WL 451879, at *2 (Tex. App.-Dallas Feb. 21, 2008, no pet.) (mem. op.); Kilpatrick v. Kilpatrick, 205 S.W.3d 690, 703 (Tex. App.-Fort Worth 2006, pet. denied). And the standing doctrine requires a controversy to continue to exist between the parties at every stage of the legal proceedings, including the appeal. City of Dallas v. Woodfield, 305 S.W.3d 412, 416 (Tex. App.-Dallas 2010, no pet.). 11. Standing to sue may be predicated upon either statutory or common law authority. Nauslar v. Coors Brewing Co., 170 S.W.3d 242, 252 (Tex. App.—Dallas 2005, no pet.); see Williams v. Lara, 52 S.W.3d 171, 178–79 (Tex. 2001). The common law standing rules apply except when standing is statutorily conferred. SCI Tex. Funeral Servs., Inc. v. Hijar, 214 S.W.3d 148, 153 (Tex. App.—El Paso 2007, pet. denied). 12. A party may challenge subject matter jurisdiction in a motion for summary judgment. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). Upon such a challenge, the plaintiff has the burden to allege facts affirmatively demonstrating that the trial court has subject matter jurisdiction. See Texas Ass'n of Bus., 852 S.W.2d at 446. Whether a person has a right to bring a survival action on behalf of an estate is a question of standing. See Shepherd v. Ledford, 962 S.W.2d 28, 41 Tex. Sup. Ct. J. 333 (Tex. 1998). 13. Under the Texas Survival Statute, (a) A cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death of the injured person or because of the death of a person liable for the injury. (b) A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person. The action survives against the liable person and the person’s legal representatives. (c) The suit may be instituted and prosecuted as if the liable person were alive. DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 4 OF 8 TEX. CIV. PRAC. & REM. CODE § 71.021(emphasis added). 14. A wrongful death cause of action did not exist at common law but was created by statute. TEX. CIV. PRAC. & REM. CODE ANN. § 71.002(b); Moreno v. Sterling Drug, Inc., 787 S.W.2d 348, 356 (Tex. 1990). Per the Texas Wrongful Death Statute, (a) An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. (b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all. (c) If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals. TEX. CIV. PRAC. & REM. CODE § 71.004 (emphasis added). 15. In this case, there is no evidence that Tyrea Thomas was decedent Ladarrell McNeil’s surviving spouse nor is there any evidence that she is decedent’s legal heir, legal representative or entitled to part of Ladarrell McNeil’s estate. 16. It is undisputed that decedent Ladarrell McNeil and Tyrea Thomas were never formally married. In fact, Miss Thomas admitted in her deposition that she had never “been ceremonially married.” See Exhibit A, Deposition of Tyrea Thomas, pg. 11, lines 23-25. Moreover, Miss Thomas testified that since she and decedent were together, she only went by the last name “Thomas,” never had joint bank account with decedent and each had their own bank accounts, and she and decedent never held each other out as husband and wife.” See Exhibit A, pg. 62, line 16-pg. 63, line 20. 17. Furthermore, the decedent’s mother, Annette Powers also testified that Ladarrell McNeil was never married. See Exhibit B, Deposition of Annette Powers, pg. 24, lines 4-5. Moreover, Ladarrell McNeil’s obituary refers to Miss Thomas not as his spouse, but as “a DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 5 OF 8 special friend.” See Exhibit C—Ladarrell McNeil’s Obituary. As Tyrea Thomas is not decedent’s surviving spouse, she has no individual standing for any survival or wrongful death claims. 18. “A party is interested in a decedent's estate if he is an heir, devisee, spouse, creditor, or any other person with a property right in, or claim against, the estate.” Winegardner v. Hughes, Nos. 07-18-00434-CV, 07-19-00283-CV, 2020 Tex. App. LEXIS 3485, at *4 (Tex. App.—Amarillo Apr. 23, 2020, no pet.) (citing Tex. Est. Code Ann. § 22.018(1) (West 2014)). In a probate proceeding a party whose standing is challenged must prove he has an interest in the estate. Id., (citing In re Estate of Daniels, 575 S.W.3d 841, 844 (Tex. App.—Texarkana 2019, pet. denied). 19. Tyrea Thomas was not decedent’s heir, devisee, spouse, creditor nor does she has any property right or claim against Ladarrell McNeil’s estate. There is no evidence that Ladarrell McNeil had a valid will at the time of his death, so Tyrea Thomas is not a devisee as there is no “testamentary disposition of real property, personal property.” See Tex. Estates Code § 22.008. An heir is defined as a “person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent. The term includes decedent’s surviving spouse.” Tex. Estates Code § 22.015. 20. As stated above, Tyrea Thomas was not decedent’s surviving spouse. Furthermore, she is not entitled to a part of Ladarrell McNeil’s estate under the Texas statutes of descent. III. CONCLUSION 21. Per the Texas Survival and Wrongful Death statutes, Tyrea Thomas lacks standing to pursue her individual claims in this case. She is not a surviving spouse nor is she a statutory heir. As such, all individual claims asserted by Tyrea Thomas against Defendants Ronald DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 6 OF 8 Ray Martin Four A Trucking, LLC Ronald Ray Martin, and Bitter End Dallas, LLC must be dismissed. IV. PRAYER 22. For the above reasons, Defendants Ronald Ray Martin Four A Trucking, LLC Ronald Ray Martin, and Bitter End Dallas, LLC respectfully requests the Court grant Defendants’ Motion for Partial Summary Judgment and dismiss all individual claims asserted by Plaintiff Tyrea Thomas and for all other and further relief, at law or in equity, to which Defendants may be justly entitled. Respectfully submitted, THE WILLIS LAW GROUP /s/ Jennifer J. Clayton WILLIAM J. CLAY State Bar No. 04332425 JENNIFER J. CLAYTON State Bar No. 24048395 KIRK D. WILLIS State Bar No. 21648500 6600 Naaman Forest Blvd. Garland, Texas 75044 Tel: (214) 736-9433 Fax: (214) 736-9994 E-Service: service@thewillislawgroup.com ATTORNEYS FOR DEFENDANT BITTER END DALLAS, LLC AND HARRISON HULL & MUMM, PLLC /s/ Lisa D. Hull LISA D. HULL State Bar No. 00784308 112 West Virginia Street McKinney, Texas 75069 Tel.: (214) 585-0094 DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 7 OF 8 Fax: (214) 585-0942 E-service: lhull@harrisonhull.com ATTORNEYS FOR DEFENDANTS RONALD RAY MARTIN FOUR A TRUCKING, LLC AND RONALD RAY MARTIN CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been forwarded to all counsel of record via E-Service on the 5th day of February 2024. /s/ Jennifer J. Clayton JENNIFER J. CLAYTON DEFENDANTS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT (645.0245) PAGE 8 OF 8 EXHIBIT “A” Page 1 1 CAUSE NO. DC-2117782 2 VINCENT MCNEIL, ANNETTE ) IN THE DISTRICT COURT POWERS, AND TYREA THOMAS, ) 3 AS NEXT FRIEND OF T.H., A ) MINOR CHILD, INDIVIDUALLY ) 4 AND AS HEIRS AND WRONGFUL ) DEATH BENEFICIARIES OF THE ) 5 ESTATE OF LADARRELL ) MCNEIL, DECEASED, ) 6 ) Plaintiffs, ) 134TH JUDICIAL DISTRICT 7 ) VS. ) 8 ) RONALD RAY MARTIN FOUR A ) 9 TRUCKING, LLC, RONALD RAY ) MARTIN, AND BITTER END ) 10 DALLAS, LLC, ) ) 11 Defendants. ) DALLAS COUNTY, TEXAS 12 ----------------------------------- 13 ORAL AND VIDEOTAPED DEPOSITION OF TYREA CLEVETTE THOMAS 14 APRIL 12, 2023 ----------------------------------- 15 16 ORAL AND VIDEOTAPED DEPOSITION OF TYREA CLEVETTE 17 THOMAS, produced as a witness at the instance of the 18 DEFENDANT, Bitter End Dallas, LLC, and duly sworn, was 19 taken in the above-styled and numbered cause on 20 April 12, 2023, from 11:38 a.m. to 1:18 p.m., before 21 Lisa M. Durham, CSR in and for the State of Texas, 22 reported by machine shorthand, at the offices of 23 The Kelley Law Firm, located at 201 North Harwood 24 Street, City of Dallas, County of Dallas, State of 25 Texas, pursuant to the Texas Rules of Civil Procedure. Veritext Legal Solutions 800-567-8658 973-410-4098 Page 2 1 A P P E A R A N C E S 2 FOR THE PLAINTIFFS: 3 Ms. Brenna L. Sanchez 4 DUNK LAW FIRM 717 Franklin Street 5 Houston, Texas 77002 (713) 223-1435 6 bsanchez@dunklawyers.com 7 Ms. Patricia Morgan THE KELLEY LAW FIRM, PC 8 201 North Harwood Street Dallas, Texas 75201 9 (972) 853-5398 morgan@kelleyfirm.com 10 11 FOR THE DEFENDANTS, RONALD RAY MARTIN FOUR A TRUCKING, LLC, and RONALD RAY MARTIN: 12 Mr. Richard E. Harrison 13 HARRISON, HULL & MUMM, PLLC 112 West Virginia Street 14 McKinney, Texas 75069 (214) 585-0094 15 rharrison@harrisonhull.com 16 FOR THE DEFENDANT, BITTER END DALLAS, LLC: 17 Mr. D. Robert Jones 18 Ms. Martha Melaku THE WILLIS LAW GROUP 19 6600 Naaman Forest Boulevard Garland, Texas 75044 20 (214) 736-9433 rjones@thewillislawgroup.com 21 mmelaku@thewillislawgroup.com 22 ALSO PRESENT: 23 Mr. Randy Johnson, Videographer 24 25 Job No. CS5840555 Veritext Legal Solutions 800-567-8658 973-410-4098 Page 3 1 INDEX PAGE 2 Appearances.......................................... 2 3 TYREA CLEVETTE THOMAS 4 EXAMINATION BY MR. JONES........................ 4 5 EXAMINATION BY MR. HARRISON..................... 58 FURTHER EXAMINATION BY MR. JONES................ 79 6 FURTHER EXAMINATION BY MR. HARRISON............. 81 7 Signature and Changes............................... 83 Reporter's Certificate.............................. 84 8 9 EXHIBITS 10 (NONE) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 800-567-8658 973-410-4098 Page 11 1 A. American Care Academy. 2 Q. Where is that located? 3 A. It's off of I-35 -- I don't know the cross 4 street, but it's right off the service road of I-35. 5 Q. Do you know how much that costs per month? 6 A. Out-of-pocket for me, it's 243. 7 Q. Does anybody help you with that expense? 8 A. Yes. 9 Q. Is that Ms. Powers? 10 A. Yes. 11 Q. When you think of Ms. Powers, do you think of 12 her as your mother-in-law? 13 A. Something like that, yes. 14 Q. Okay. She's the grandmother of your child? 15 A. Right. 16 Q. And the father of your child's father? 17 A. Yes. 18 THE VIDEOGRAPHER: I'm sorry. Is there any 19 way you could just move that bottle off on the -- 20 THE WITNESS: Oh, this? I'm sorry. 21 THE VIDEOGRAPHER: Yeah, just off to the 22 side. Thank you. Maybe a little bit more. Thank you. 23 Q. (BY MR. JONES) Have you ever been ceremonially 24 married? 25 A. No. Veritext Legal Solutions 800-567-8658 973-410-4098 Page 62 1 A. Yes. 2 Q. And the paternity results are dated in April of 3 2020. So it would appear that you would have moved in 4 in April or May of 2020 with LaDarrell, correct? 5 A. Correct. So we actually had two. We had an 6 at-home test, and then we had the one at the actual 7 office. 8 Q. Sorry? 9 A. We had two different paternity tests. The 10 first one we had was an at-home test, and then we 11 actually had another one at a location. 12 Q. But the date -- the time frame is still right. 13 You would have moved in sometime in April or May of 14 2020, correct? 15 A. It sounds about right. 16 Q. Now, have you -- since the time when you moved 17 in, were you going by the last name of Thomas? 18 A. Correct. 19 Q. And you still go by the last name of Thomas? 20 A. Correct. 21 Q. And when you and LaDarrell were living 22 together, you were using the last name of Thomas, 23 correct? 24 A. Correct. 25 Q. In terms of the finances, did you have a joint Veritext Legal Solutions 800-567-8658 973-410-4098 Page 63 1 checking account? 2 A. No. 3 Q. LaDarrell had his checking account? 4 A. Yes. 5 Q. And you had your own checking account? 6 A. Yes. 7 Q. After paternity was established would be the 8 first time you met Ms. Powers, correct? 9 A. Yes. 10 Q. And at that time, you were introduced as the 11 mother of LaDarrell's daughter, correct? 12 A. Yes. 13 Q. But you weren't introduced as his wife, were 14 you? 15 A. Correct. 16 Q. And so you and LaDarrell never held each other 17 out as husband and wife, did you? 18 A. No. 19 Q. No, that's correct? 20 A. That's correct. 21 Q. I understand that you're not -- don't have any 22 kind of strong affiliation with a particular church. Is 23 that right? 24 A. I do have an affiliation to a church. I just 25 haven't been much since the accident. Veritext Legal Solutions 800-567-8658 973-410-4098 Page 83 1 CHANGES AND SIGNATURE 2 WITNESS NAME: TYREA CLEVETTE THOMAS DATE: APRIL 12, 2023 3 PAGE LINE CHANGE REASON 4 ________________________________________________________ 5 ________________________________________________________ 6 ________________________________________________________ 7 ________________________________________________________ 8 ________________________________________________________ 9 ________________________________________________________ 10 ________________________________________________________ 11 I, TYREA CLEVETTE THOMAS, have read the foregoing deposition and hereby affix my signature that 12 same is true and correct, except as noted above. 13 _________________________________ 14 TYREA CLEVETTE THOMAS 15 THE STATE OF __________) COUNTY OF _____________) 16 Before me, ___________________________, on this day 17 personally appeared TYREA CLEVETTE THOMAS, known to me (or proved to me under oath or through 18 ___________________________) (description of identity card or other document)) to be the person whose name is 19 subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and 20 consideration therein expressed. 21 Given under my hand and seal of office this __________ day of ________________________, __________. 22 23 _________________________________ NOTARY PUBLIC IN AND FOR 24 THE STATE OF ____________________ COMMISSION EXPIRES: _____________ 25 Veritext Legal Solutions 800-567-8658 973-410-4098 Page 84 1 NO. DC-2117782 2 VINCENT MCNEIL, ANNETTE ) IN THE DISTRICT COURT POWERS, AND TYREA THOMAS, ) 3 AS NEXT FRIEND OF T.H., A ) MINOR CHILD, INDIVIDUALLY ) 4 AND AS HEIRS AND WRONGFUL ) DEATH BENEFICIARIES OF THE ) 5 ESTATE OF LADARRELL ) MCNEIL, DECEASED, ) 6 ) Plaintiffs, ) 134TH JUDICIAL DISTRICT 7 ) VS. ) 8 ) RONALD RAY MARTIN FOUR A ) 9 TRUCKING, LLC, RONALD RAY ) MARTIN, AND BITTER END ) 10 DALLAS, LLC, ) ) 11 Defendants. ) DALLAS COUNTY, TEXAS 12 REPORTER'S CERTIFICATION 13 DEPOSITION OF TYREA CLEVETTE THOMAS APRIL 12, 2023 14 15 I, Lisa M. Durham, Certified Shorthand Reporter in 16 and for the State of Texas, hereby certify to the 17 following: 18 That the witness, TYREA CLEVETTE THOMAS, was duly 19 sworn by the officer and that the transcript of the oral 20 deposition is a true record of the testimony given by 21 the witness; 22 That the deposition transcript was submitted on 23 ____________________ to the witness or to the attorney 24 for the witness for examination, signature and return to 25 me by ___________________ ; Veritext Legal Solutions 800-567-8658 973-410-4098 Page 85 1 That the amount of time used by each party at the 2 deposition is as follows: 3 Mr. D. Robert Jones - 00:55:18 Ms. Brenna L. Sanchez - 00:00:02 4 Ms. Patricia Morgan - 00:00:00 Mr. Richard E. Harrison - 00:31:00 5 Ms. Martha Melaku - 00:00:00 6 7 That pursuant to information given to the 8 deposition officer at the time said testimony was taken, 9 the following includes counsel for all parties of 10 record: 11 Ms. Brenna L. Sanchez and Ms. Patricia Morgan, Attorneys for Plaintiff 12 Mr. Richard E. Harrison, Attorney for Defendant, 13 RONALD RAY MARTIN FOUR A TRUCKING, LLC and RONALD RAY MARTIN 14 Mr. D. Robert Jones and Ms. Martha Melaku, 15 Attorneys for Defendant, BITTER END DALLAS, LLC 16 17 I further certify that I am neither counsel for, 18 related to, nor employed by any of the parties or 19 attorneys in the action in which this proceeding was 20 taken, and further that I am not financially or 21 otherwise interested in the outcome of the action. 22 23 Further certification requirements pursuant to 24 Rule 203 of TRCP will be certified to after they have 25 occurred. Veritext Legal Solutions 800-567-8658 973-410-4098 Page 86 1 Certified to by me this 26th day of April, 2023. 2 3 4 5 <%13205,Signature%> 6 Lisa M. Durham, Texas CSR #6651 Veritext Legal Solutions 7 Firm Registration #571 300 Throckmorton Street 8 Suite 1600 Fort Worth, Texas 76102 9 (817) 336-3042 Expiration Date: 01/31/24 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 800-567-8658 973-410-4098 Page 87 1 FURTHER CERTIFICATION UNDER RULE 203 TRCP 2 The original deposition was/was not returned to the 3 deposition officer on _________________________; 4 If returned, the attached Changes and Signature 5 page contains any changes and the reasons therefor; 6 If returned, the original deposition was delivered 7 to Mr. D. Robert Jones, Custodial Attorney; 8 That $__________ is the deposition officer's 9 charges to the Defendant, Bitter End Dallas, LLC, for 10 preparing the original deposition transcript and any 11 copies of exhibits; 12 That the deposition was delivered in accordance 13 with Rule 203.3, and that a copy of this certificate was 14 served on all parties shown herein on and filed with the 15 Clerk. 16 Certified to by me this __________ day of ________, 17 2023. 18 19 20 <%13205,Signature%> 21 Lisa M. Durham, Texas CSR #6651 Veritext Legal Solutions 22 Firm Registration #571 300 Throckmorton Street 23 Suite 1600 Fort Worth, Texas 76102 24 (817) 336-3042 Expiration Date: 01/31/24 25 Veritext Legal Solutions 800-567-8658 973-410-4098 Page 88 1 Patricia Morgan Esq 2 morgan@kelleyfirm.com 3 April 26th, 2023 4 RE: Mcneil, Vincent v Martin, Ronald Ray 5 DEPOSITION OF: TYREA CLEVETTE THOMAS Job No. CS5840555 6 The above-referenced witness transcript is 7 available for read and sign. 8 Within the applicable timeframe, the witness 9 should read the testimony to verify its accuracy. If 10 there are any changes, the witness should note those 11 on the attached Errata Sheet. 12 The witness should sign and notarize the 13 attached Errata pages and return to Veritext at 14 errata-tx@veritext.com. 15 According to applicable rules or agreements, if 16 the witness fails to do so within the time allotted, 17 a certified copy of the transcript may be used as if 18 signed. 19 Yours, 20 Veritext Legal Solutions 21 22 23 24 25 Veritext Legal Solutions 800-567-8658 973-410-4098 EXHIBIT “B” Page 1 1 CAUSE NO. DC-2117782 2 VINCENT MCNEIL, ANNETTE ) IN THE DISTRICT COURT POWERS, AND TYREA THOMAS, ) 3 AS NEXT FRIEND OF T.H., A ) MINOR CHILD, INDIVIDUALLY ) 4 AND AS HEIRS AND WRONGFUL ) DEATH BENEFICIARIES OF THE ) 5 ESTATE OF LADARRELL ) MCNEIL, DECEASED, ) 6 ) Plaintiffs, ) 134TH JUDICIAL DISTRICT 7 ) VS. ) 8 ) RONALD RAY MARTIN FOUR A ) 9 TRUCKING, LLC, RONALD RAY ) MARTIN, AND BITTER END ) 10 DALLAS, LLC, ) ) 11 Defendants. ) DALLAS COUNTY, TEXAS 12 ----------------------------------- 13 ORAL AND VIDEOTAPED DEPOSITION OF ANNETTE FRANKLIN POWERS 14 APRIL 12, 2023 15 ----------------------------------- 16 ORAL AND VIDEOTAPED DEPOSITION OF ANNETTE FRANKLIN 17 POWERS, produced as a witness at the instance of the 18 DEFENDANT, Bitter End Dallas, LLC, and duly sworn, was 19 taken in the above-styled and numbered cause on 20 April 12, 2023, from 9:16 a.m. to 11:26 a.m., before 21 Lisa M. Durham, CSR, reported by machine shorthand, at 22 the offices of The Kelley Law Firm, located at 201 North 23 Harwood Street, City of Dallas, County of Dallas, 24 State of Texas, pursuant to the Texas Rules of Civil 25 Procedure. Veritext Legal Solutions 800-567-8658 973-410-4098 Page 2 1 A P P E A R A N C E S 2 FOR THE PLAINTIFFS: 3 Ms. Brenna L. Sanchez 4 DUNK LAW FIRM 717 Franklin Street 5 Houston, Texas 77002 (713) 223-1435 6 bsanchez@dunklawyers.com 7 Ms. Patricia Morgan THE KELLEY LAW FIRM, PC 8 201 North Harwood Street Dallas, Texas 75201 9 (972) 853-5398 morgan@kelleyfirm.com 10 11 FOR THE DEFENDANTS, RONALD RAY MARTIN FOUR A TRUCKING, LLC, and RONALD RAY MARTIN: 12 Mr. Richard E. Harrison 13 HARRISON, HULL & MUMM, PLLC 112 West Virginia Street 14 McKinney, Texas 75069 (214) 585-0094 15 rharrison@harrisonhull.com 16 FOR THE DEFENDANT, BITTER END DALLAS, LLC: 17 Mr. D. Robert Jones 18 Ms. Martha Melaku THE WILLIS LAW GROUP 19 6600 Naaman Forest Boulevard Garland, Texas 75044 20 (214) 736-9433 rjones@thewillislawgroup.com 21 mmelaku@thewillislawgroup.com 22 ALSO PRESENT: 23 Mr. Randy Johnson, Videographer 24 25 Job No. CS5840555 Veritext Legal Solutions 800-567-8658 973-410-4098 Page 3 1 INDEX 2 PAGE 3 Appearances.......................................... 2 4 ANNETTE FRANKLIN POWERS Examination by Mr. Jones......................... 4 5 Examination by Mr. Harrison......................56 Further Examination by Mr. Jones.................93 6 Signature and Changes.................................96 7 Reporter's Certificate................................97 8 EXHIBITS 9 NO. DESCRIPTION MARKED/ID'D 10 Exhibit 1 Photograph, PLTF0140 80/80 11 Exhibit 2 Photograph, PLTF0141 80/81 12 Exhibit 3 Photograph, PLTF0142 80/81 13 Exhibit 4 Photograph, PLTF0143 80/81 14 Exhibit 5 Photograph, PLTF0144 80/82 15 Exhibit 6 Photograph, PLTF0145 80/82 16 Exhibit 7 Photograph, PLTF0146 80/82 17 Exhibit 8 Photograph, PLTF0147 80/83 18 Exhibit 9 Police Report, PLTF0150 80/-- 19 Exhibit 10 Copy of Driver's License, 80/83 20 PLTF0154 21 22 23 24 25 Veritext Legal Solutions 800-567-8658 973-410-4098 Page 4 1 PROCEEDINGS 2 (April 12, 2023, 9:16 a.m.) 3 THE VIDEOGRAPHER: We are now on the record 4 for the video deposition of Annette Powers. The time is 5 9:16 a.m. The date is April 12, 2023. 6 Will counsel please state their appearances 7 for the record? 8 MS. SANCHEZ: Brenna Sanchez for the 9 plaintiffs. 10 MR. HARRISON: I'm Richard Harrison, and 11 I'm here on behalf of Mr. Miller [sic]. 12 MR. JONES: I'm Rob Jones for the 13 defendant, the Bitter End. 14 THE VIDEOGRAPHER: If the court reporter 15 could administer the oath. 16 ANNETTE FRANKLIN POWERS, 17 having been first duly sworn, testified as follows: 18 EXAMINATION 19 BY MR. JONES: 20 Q. Good morning. Would you tell us your name, 21 please? 22 A. Annette Powers. 23 Q. Ms. Powers, I'm Rob Jones. You just heard me 24 introduce myself. I represent one of the defendants, 25 the -- the Bitter End. Veritext Legal Solutions 800-567-8658 973-410-4098 Page 5 1 A. Okay. 2 Q. And I've got questions for you today. 3 A. Okay. 4 Q. Where do you live? 5 A. In Lancaster, Texas. 6 Q. What is your home address? 7 A. 2837 Yellow Rose Lane. 8 Q. Who lives there with you? 9 A. My husband, my two daughters. 10 Q. Your husband's name? 11 A. Leon Powers. 12 Q. And your daughters' names? 13 A. Kiera Powers, Kayla Powers. 14 Q. How old are they? 15 A. Seventeen -- 19. Well, she'll be 19 this year, 16 so she's 18 right now. And the other one is 23. 17 Q. All right. Have you given a deposition before? 18 A. No. 19 Q. Have you testified under oath under any 20 circumstances? 21 A. No. 22 Q. All right. Well, you're under oath, sworn to 23 tell the truth. Do you understand that? 24 A. Yes. 25 Q. Some things that'll help the record be more Veritext Legal Solutions 800-567-8658 973-410-4098 Page 24 1 A. No. 2 Q. Had he gone to the military at all? 3 A. No. 4 Q. Was LaDarrell ever married? 5 A. No. 6 Q. Other than his work at the school and coaching 7 football, what other interests or hobbies did LaDarrell 8 have? 9 A. Working consumed his time because after work, 10 he would always come over to my house, and we would go 11 over the next lesson for the next day. So he was really 12 trying to really grasp teaching and was a lot into it, 13 because again, we were not that full at 100 percent face 14 to face. 15 So he had to prepare lessons not only for 16 the students that was face to face, but the students 17 that was at home learning. And we had to place it in 18 this platform called Google Classroom so that the 19 students that were still at home learning could log into 20 Google Classroom and see all the lessons that was 21 recorded, demonstrated by LaDarrell, placed into Google, 22 so that they could still learn and still feel like 23 there's a teacher there, because he would explain the 24 lesson before he would give them practice work. And at 25 the same time, he had to prepare for the face-to-face Veritext Legal Solutions 800-567-8658 973-410-4098 Page 96 1 CHANGES AND SIGNATURE 2 WITNESS NAME: ANNETTE FRANKLIN POWERS DATE: 4/12/23 3 PAGE LINE CHANGE REASON 4 ________________________________________________________ 5 ________________________________________________________ 6 ________________________________________________________ 7 ________________________________________________________ 8 ________________________________________________________ 9 ________________________________________________________ 10 ________________________________________________________ 11 I, ANNETTE FRANKLIN POWERS, have read the foregoing deposition and hereby affix my signature that 12 same is true and correct, except as noted above. 13 _________________________________ 14 ANNETTE FRANKLIN POWERS 15 THE STATE OF __________) COUNTY OF _____________) 16 Before me, ___________________________, on this day 17 personally appeared ANNETTE FRANKLIN POWERS, known to me (or proved to me under oath or through 18 ___________________________) (description of identity card or other document)) to be the person whose name is 19 subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and 20 consideration therein expressed. 21 Given under my hand and seal of office this __________ day of ________________________, __________. 22 23 _________________________________ NOTARY PUBLIC IN AND FOR 24 THE STATE OF ____________________ COMMISSION EXPIRES: _____________ 25 Veritext Legal Solutions 800-567-8658 973-410-4098 Page 97 1 NO. DC-2117782 2 VINCENT MCNEIL, ANNETTE ) IN THE DISTRICT COURT POWERS, AND TYREA THOMAS, ) 3 AS NEXT FRIEND OF T.H., A ) MINOR CHILD, INDIVIDUALLY ) 4 AND AS HEIRS AND WRONGFUL ) DEATH BENEFICIARIES OF THE ) 5 ESTATE OF LADARRELL ) MCNEIL, DECEASED, ) 6 ) Plaintiffs, ) 134TH JUDICIAL DISTRICT 7 ) VS. ) 8 ) RONALD RAY MARTIN FOUR A ) 9 TRUCKING, LLC, RONALD RAY ) MARTIN, AND BITTER END ) 10 DALLAS, LLC, ) ) 11 Defendants. ) DALLAS COUNTY, TEXAS 12 REPORTER'S CERTIFICATION 13 DEPOSITION OF ANNETTE FRANKLIN POWERS APRIL 12, 2023 14 15 I, Lisa M. Durham, Certified Shorthand Reporter in 16 and for the State of Texas, hereby certify to the 17 following: 18 That the witness, ANNETTE FRANKLIN POWERS, was duly 19 sworn by the officer and that the transcript of the oral 20 deposition is a true record of the testimony given by 21 the witness; 22 That the deposition transcript was submitted on 23 ____________________ to the witness or to the attorney 24 for the witness for examination, signature and return to 25 me by ___________________ ; Veritext Legal Solutions 800-567-8658 973-410-4098 Page 98 1 That the amount of time used by each party at the 2 deposition is as follows: 3 Mr. D. Robert Jones - 01:03:58 Ms. Brenna L. Sanchez - 00:00:00 4 Ms. Patricia Morgan - 00:00:00 Mr. Richard E. Harrison - 00:55:23 5 Ms. Martha Melaku - 00:00:00 6 7 That pursuant to information given to the 8 deposition officer at the time said testimony was taken, 9 the following includes counsel for all parties of 10 record: 11 Ms. Brenna L. Sanchez and Ms. Patricia Morgan, Attorneys for Plaintiff 12 Mr. Richard E. Harrison, Attorney for Defendant, 13 RONALD RAY MARTIN FOUR A TRUCKING, LLC and RONALD RAY MARTIN 14 Mr. D. Robert Jones and Ms. Martha Melaku, 15 Attorneys for Defendant, BITTER END DALLAS, LLC 16 17 I further certify that I am neither counsel for, 18 related to, nor employed by any of the parties or 19 attorneys in the action in which this proceeding was 20 taken, and further that I am not financially or 21 otherwise interested in the outcome of the action. 22 23 Further certification requirements pursuant to 24 Rule 203 of TRCP will be certified to after they have 25 occurred.