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CONTAINS SENSITIVE INFORMATION
CAUSE NO. DC-23-19429
EMANUEL TAPIA, Parent and IN THE DISTRICT COURT
Next Friend of EMANUEL TAPIA, JR.,
a Minor
DALLAS COUNTY, TEXAS
vs.
WAL-MART STORES TEXAS, LLC § 192P JUDICIAL DISTRICT
AGREED FINAL JUDGMENT
The Court considered the above-styled and numbered cause, and came Emanuel Tapia,
Parent and Next Friend of Emanuel Tapia, Jr., a Minor (“Plaintiff”), Janie Rodriguez (Minor’s
mother) nd Defendant Wal-Mart Stores Texas, LLC (“Defendant”) and announced to the Court
that they have agreed to a Full and Final Confidential Settlement, Release of All Claims and
Indemnity Agreement which resolves all disputes and controversies among them arising from or
related to the injuries or damages allegedly sustained by Plaintiff as more fully described in
Plaintiff's Petition.
The Court, having reviewed the pleadings, is of the opinion that the Defendant sought the
appointment of a Guardian Ad Litem and it was not opposed by the Plaintiff. Therefore, it was
ordered that an attorney at law be and was hereby appointed Guardian Ad Litem to represent said
minor.
The Plaintiff appeared in person along with the minor’s mother Jane Rodriguez, and the
minor Plaintiff, Emanuel Tapia, Jr., appeared by the Court-appointed Guardian Ad Litem, Luis P.
Bartolomei. The Defendant appeared by and through its attorney of record. All parties announced
ready. No jury having been demanded, all matters of fact and things in controversy were submitted
to the Court.
AGREED FINAL JUDGMENT/Page |
2185302
After having considered the pleadings, the evidence, the arguments of counsel, the
testimony and recommendation of the Guardian Ad Litem, the Court finds and is of the opinion
that the liability of the Defendant is disputed; that the Plaintiff, Jane Rodriguez, and the Guardian
Ad Litem are fully informed with respect to the liability facts and the disputed nature of the cause
of action, and the nature and extent of the damages claimed; that the recoveries of the Plaintiff and
the amount to the respective parties, including the minor Plaintiff, as set forth in the Full and Final
Confidential Settlement, Release of All Claims and Indemnity Agreement are fair, just and
reasonable, and are in the best interests of all parties, including the minor Plaintiff.
The Court does further specifically approve of all the acts and conduct of Luis P.
Bartolomei, as Guardian Ad Litem, and does find that he has sufficiently and adequately
investigated the facts connected with this lawsuit and the nature of the injuries sustained by the
minor and the terms of the proposed settlement. The Court further finds that Luis P. Bartolomei,
as Guardian Ad Litem, represented the individual interests of Emanuel Tapia, Jr., a Minor, in
settling this case and approving settlements as outlined in the Full and Final Confidential
Settlement, Release of All Claims and Indemnity Agreement and as outlined in this Agreed Final
Judgment.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED the terms and the
provisions of the Full and Final Confidential Settlement, Release of All Claims and Indemnity
Agreement are hereby approved.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Guardian Ad
Litem has acted in the best interest of the minor Plaintiff, and the actions of the Guardian Ad Litem
are ratified and approved. As such, a check in the amount of DOLLARS
AND NO/100 ($ ) shall be issued by Defendant payable to Luis P. Bartolomei for his fees
AGREED FINAL JUDGMENT/Page 2
2180833
and expenses as Guardian Ad Litem. Upon the execution of this Agreed Final Judgment by the
Court, Luis P. Bartolomei is discharged from his duties as Guardian Ad Litem.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED a check in the amount
of
SEVENTEEN THOUSAND AND THIRTY-NINE DOLLARS AND TWENTY-SIX CENTS
($17,039.26) shall be issued by or on behalf of Defendant payable to “McCormick Law Firm and
Emanuel Tapia” for attorney’s fees, legal expenses and repayment of medical expenses
.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED a check in the amount of
SIXTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO/100 ($16,500.00) shall be
issued by or on behalf of Defendant payable to “Vengroff Williams Inc.” for repayment of
medical
expenses.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that
Emanuel Tapia, Jr., will receive future periodic payments, as provided by, and in accordan
ce with,
the terms and conditions of the Full and Final Confidential Settlement, Release of All Claims
and
Indemnity Agreement. David Vaclavik is the broker of record and the annuity premium check has
already been delivered to Sage Settlement Consulting, 11044 Research Blvd., Suite
B-415, Austin,
TX 78759. The annuity policy to provide the periodic payments to Emanuel Tapia, Jr., will be
funded by an annuity contract issued by Pacific Life Insurance Company with a “Qualified
Assignment” to Pacific Life & Annuity Services, Inc. (”Assignee”) and will provide
the periodic
payments as set out in the Full and Final Confidential Settlement, Release of All Claims
and
Indemnity Agreement. The obligation to make periodic payments described in the Full and Final
Confidential Settlement, Release of All Claims and Indemnity Agreement may be assigned
to
Pacific Life & Annuity Services, Inc. and funded by an annuity contract issued
by Pacific Life
Insurance Company, rated A+XV by A.M. Best Company, and AA- by Standard
and Poor's.
AGREED FINAL JUDGMENT/Page 3
2180833
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the rights to receive
the future Periodic Payments described herein (“Periodic Payments”) 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. 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, ADJUDGED AND DECREED by the Court that upon
payment of all amounts herein and upon execution of the Qualified Assignment and Release
Agreement, Defendant be declared fully discharged of any liability under the provisions of this
Judgment and be fully discharged from any liability based upon any claims, demands or causes of
action growing out of the occurrence made the basis of this suit upon its agreement for the payment
of the monies under the Full and Final Confidential Settlement, Release of All Claims and
Indemnity Agreement.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that all
claims of Plaintiff Emanuel Tapia, Individually, in this lawsuit against Defendant in conjunction
with the Full and Final Confidential Settlement, Release of All Claims and Indemnity Agreement
AGREED FINAL JUDGMENT/Page 4
2180833
referenced herein, are hereby dismissed with prejudice to refiling of same, with costs to be paid by
the party incurring same.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all relief not
specifically granted herein is denied.
SIGNED this _ day of » 2024,
JUDGE PRESIDING
APPROVED BY:
ly Cigrd Lilet wif Per frsdudrr
W. CAGNEY McCORMICK
COUNSEL FOR PLAINTIFF
/s/ Luis P. Bartolomei w/permission —
LUIS P. BARTOLOMEI
GUARDIAN AD LITEM FOR EMANUEL
TAPIA, JR., A MINOR
/s/ Stacy Hoffman Bruce
STACY HOFFMAN BRUCE
COUNSEL FOR DEFENDANT
AGREED FINAL JUDGMENT/Page 5
2180833
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.
Missy Ramirez on behalf of Stacy Bruce
Bar No. 24036793
mramirez@ cobbmartinez.com
Envelope ID: 86204273
Filing Code Description: Non-Signed Proposed Order/] udgment
Filing Description: PROPOSED AGREED FINAL J UDGMENT
Status as of 4/2/2024 5:09 PM CST
Associated Case Party: EMMANUEL TAPIA
Name BarNumber | Email TimestampS ubmitted | Status
W. CagneyMcCormick cagneymac@ theinjuryattorney.law | 4/2/2024 2:44:35 PM SENT
Associated Case Party: WAL-MART STORES TEXAS LLC
Name BarNumber | Email TimestampS ubmitted | Status
Stacy H.Bruce sbruce@ cobbmartinez.com 4/2/2024 2:44:35 PM SENT
Missy Ramirez mramirez@ cobbmartinez.com | 4/2/2024 2:44:35 PM SENT
Associated Case Party: LUIS BARTOLOMEI
Name BarNumber | Email TimestampS ubmitted Status
LUIS BARTOLOMEI LUIS@THEBARTOLOMEIFIRM.COM | 4/2/2024 2:44:35 PM SENT
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CONTAINS SENSITIVE INFORMATION CAUSE NO. DC-23-19429 EMANUEL TAPIA, Parent and IN THE DISTRICT COURT Next Friend of EMANUEL TAPIA, JR., a Minor DALLAS COUNTY, TEXAS vs. WAL-MART STORES TEXAS, LLC § 192P JUDICIAL DISTRICT AGREED FINAL JUDGMENT The Court considered the above-styled and numbered cause, and came Emanuel Tapia, Parent and Next Friend of Emanuel Tapia, Jr., a Minor (“Plaintiff”), Janie Rodriguez (Minor’s mother) nd Defendant Wal-Mart Stores Texas, LLC (“Defendant”) and announced to the Court that they have agreed to a Full and Final Confidential Settlement, Release of All Claims and Indemnity Agreement which resolves all disputes and controversies among them arising from or related to the injuries or damages allegedly sustained by Plaintiff as more fully described in Plaintiff's Petition. The Court, having reviewed the pleadings, is of the opinion that the Defendant sought the appointment of a Guardian Ad Litem and it was not opposed by the Plaintiff. Therefore, it was ordered that an attorney at law be and was hereby appointed Guardian Ad Litem to represent said minor. The Plaintiff appeared in person along with the minor’s mother Jane Rodriguez, and the minor Plaintiff, Emanuel Tapia, Jr., appeared by the Court-appointed Guardian Ad Litem, Luis P. Bartolomei. The Defendant appeared by and through its attorney of record. All parties announced ready. No jury having been demanded, all matters of fact and things in controversy were submitted to the Court. AGREED FINAL JUDGMENT/Page | 2185302 After having considered the pleadings, the evidence, the arguments of counsel, the testimony and recommendation of the Guardian Ad Litem, the Court finds and is of the opinion that the liability of the Defendant is disputed; that the Plaintiff, Jane Rodriguez, and the Guardian Ad Litem are fully informed with respect to the liability facts and the disputed nature of the cause of action, and the nature and extent of the damages claimed; that the recoveries of the Plaintiff and the amount to the respective parties, including the minor Plaintiff, as set forth in the Full and Final Confidential Settlement, Release of All Claims and Indemnity Agreement are fair, just and reasonable, and are in the best interests of all parties, including the minor Plaintiff. The Court does further specifically approve of all the acts and conduct of Luis P. Bartolomei, as Guardian Ad Litem, and does find that he has sufficiently and adequately investigated the facts connected with this lawsuit and the nature of the injuries sustained by the minor and the terms of the proposed settlement. The Court further finds that Luis P. Bartolomei, as Guardian Ad Litem, represented the individual interests of Emanuel Tapia, Jr., a Minor, in settling this case and approving settlements as outlined in the Full and Final Confidential Settlement, Release of All Claims and Indemnity Agreement and as outlined in this Agreed Final Judgment. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED the terms and the provisions of the Full and Final Confidential Settlement, Release of All Claims and Indemnity Agreement are hereby approved. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Guardian Ad Litem has acted in the best interest of the minor Plaintiff, and the actions of the Guardian Ad Litem are ratified and approved. As such, a check in the amount of DOLLARS AND NO/100 ($ ) shall be issued by Defendant payable to Luis P. Bartolomei for his fees AGREED FINAL JUDGMENT/Page 2 2180833 and expenses as Guardian Ad Litem. Upon the execution of this Agreed Final Judgment by the Court, Luis P. Bartolomei is discharged from his duties as Guardian Ad Litem. IT IS FURTHER ORDERED, ADJUDGED AND DECREED a check in the amount of SEVENTEEN THOUSAND AND THIRTY-NINE DOLLARS AND TWENTY-SIX CENTS ($17,039.26) shall be issued by or on behalf of Defendant payable to “McCormick Law Firm and Emanuel Tapia” for attorney’s fees, legal expenses and repayment of medical expenses . IT IS FURTHER ORDERED, ADJUDGED AND DECREED a check in the amount of SIXTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO/100 ($16,500.00) shall be issued by or on behalf of Defendant payable to “Vengroff Williams Inc.” for repayment of medical expenses. IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Emanuel Tapia, Jr., will receive future periodic payments, as provided by, and in accordan ce with, the terms and conditions of the Full and Final Confidential Settlement, Release of All Claims and Indemnity Agreement. David Vaclavik is the broker of record and the annuity premium check has already been delivered to Sage Settlement Consulting, 11044 Research Blvd., Suite B-415, Austin, TX 78759. The annuity policy to provide the periodic payments to Emanuel Tapia, Jr., will be funded by an annuity contract issued by Pacific Life Insurance Company with a “Qualified Assignment” to Pacific Life & Annuity Services, Inc. (”Assignee”) and will provide the periodic payments as set out in the Full and Final Confidential Settlement, Release of All Claims and Indemnity Agreement. The obligation to make periodic payments described in the Full and Final Confidential Settlement, Release of All Claims and Indemnity Agreement may be assigned to Pacific Life & Annuity Services, Inc. and funded by an annuity contract issued by Pacific Life Insurance Company, rated A+XV by A.M. Best Company, and AA- by Standard and Poor's. AGREED FINAL JUDGMENT/Page 3 2180833 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the rights to receive the future Periodic Payments described herein (“Periodic Payments”) 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. 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, ADJUDGED AND DECREED by the Court that upon payment of all amounts herein and upon execution of the Qualified Assignment and Release Agreement, Defendant be declared fully discharged of any liability under the provisions of this Judgment and be fully discharged from any liability based upon any claims, demands or causes of action growing out of the occurrence made the basis of this suit upon its agreement for the payment of the monies under the Full and Final Confidential Settlement, Release of All Claims and Indemnity Agreement. IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that all claims of Plaintiff Emanuel Tapia, Individually, in this lawsuit against Defendant in conjunction with the Full and Final Confidential Settlement, Release of All Claims and Indemnity Agreement AGREED FINAL JUDGMENT/Page 4 2180833 referenced herein, are hereby dismissed with prejudice to refiling of same, with costs to be paid by the party incurring same. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all relief not specifically granted herein is denied. SIGNED this _ day of » 2024, JUDGE PRESIDING APPROVED BY: ly Cigrd Lilet wif Per frsdudrr W. CAGNEY McCORMICK COUNSEL FOR PLAINTIFF /s/ Luis P. Bartolomei w/permission — LUIS P. BARTOLOMEI GUARDIAN AD LITEM FOR EMANUEL TAPIA, JR., A MINOR /s/ Stacy Hoffman Bruce STACY HOFFMAN BRUCE COUNSEL FOR DEFENDANT AGREED FINAL JUDGMENT/Page 5 2180833 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. Missy Ramirez on behalf of Stacy Bruce Bar No. 24036793 mramirez@ cobbmartinez.com Envelope ID: 86204273 Filing Code Description: Non-Signed Proposed Order/] udgment Filing Description: PROPOSED AGREED FINAL J UDGMENT Status as of 4/2/2024 5:09 PM CST Associated Case Party: EMMANUEL TAPIA Name BarNumber | Email TimestampS ubmitted | Status W. CagneyMcCormick cagneymac@ theinjuryattorney.law | 4/2/2024 2:44:35 PM SENT Associated Case Party: WAL-MART STORES TEXAS LLC Name BarNumber | Email TimestampS ubmitted | Status Stacy H.Bruce sbruce@ cobbmartinez.com 4/2/2024 2:44:35 PM SENT Missy Ramirez mramirez@ cobbmartinez.com | 4/2/2024 2:44:35 PM SENT Associated Case Party: LUIS BARTOLOMEI Name BarNumber | Email TimestampS ubmitted Status LUIS BARTOLOMEI LUIS@THEBARTOLOMEIFIRM.COM | 4/2/2024 2:44:35 PM SENT