Preview
NOTICEzTHIs DOCUMENT CONTAINS SENSITIVE DATA AT [0:00 O’CLOCK A M
‘
MAY 02 232i;
CAUSE N0. C-1756-21-D
LAURA HINOJOSA, CLERK
JAYSON MUNOZ IN mum
'
maroounty ‘
AND ADRIANA GONZALEZ, BY Depmyaa
INDIVIDUALLY, AND AS NEXT FRIENDS
0F MADISON MUNOZ, A MINOR
Plaintiffs,
VS.
wwwwwwwwwmwwwwaw
206th JUDICIAL DISTRICT
JARELLANO TRUCKING LLC,
ALFREDO CHAVEZ,
JUAN JOSE ARELLANO CHAVEZ, AND
ROSALVA LOZANO
Defendants HIDALGO COUNTY, TEXAS
FINAL JUDGMENT
On the 2nd day of May, 2024, the above numbered and styled cause came on to be heard and
Jayson Munoz and Adriana Munoz, Individually and in their capacity as Next Friend of M.M., a
Minor, appeared in person, by and through their attorneys of record, Daniel Sciano of Tinsman &
Sciano, Inc., and Douglas Dilley 0f the Dilley Law Firm and by the court-appointed Guardian Ad
Litem, Irene Ramirez, for the Minor Plaintifl‘ M.M., who was previously appointed by the Court;
Defendants J ARELLANO TRUCKING LLC, ALFREDO CHAVEZ, JUAN JOSE ARELLANO
CHAVEZ, ROSALVA LOZANO, AMERICAN NATIONAL LOGISTICS, [NC., and
AMERICAN NATIONAL DIVERSIFIED, INC. appeared by and through their attorneys ofrecord;
and, a jury having been waived, all matters of fact as well as of law were submitted to the Court.
The Coun was informed by counsel that all claims and causes of action of the Plaintiffs against the
Defendants in this lawsuit have been compromised and settled by a formal Full and Final Release
and Indemnity Agreement (which is not attached but incorporated by reference) wherein in exchange
for the settlement consideration to be paid by Defendants, as set out therein, the Plaintiffs are
Final Judgment Page l of 6
_M%m+fi_e
releasing all of Plaintifl‘s’ causes of action that were asserted or could have been asserted against the
j
Defendants as a result of the incident made the basis of this lawsuit.
Whereupon it was announced t0 the Court that the Defendants J ARELLANO TRUCKING
LLC, ALFREDO CHAVEZ, JUAN JOSE ARELLANO CHAVEZ, ROSALVA LOZANO,
AMERICAN NATIONAL LOGISTICS, INC, and AMERICAN NATIONAL DIVERSIFIED,
INC. do not admit liability, and subject to the approval of the Court, that an agreement of
compromise and settlement had heretofore been made and entered into as between the Plaintiffs
and Defendants, under the terms of which said Defendants and their insurers have agreed to pay
the sums set forth therein, together with the fee payable to the Guardian Ad Litem appointed by
the Court, in full and final settlement of all matters and issues involved in this case; and the Coun,
afier hearing full and satisfactory evidence, including the recommendations 0f the Guardian Ad
Litem, is of the opinion and finds that the agreement of settlement is in all things fair, just and
equitable and in the best interest of said minor child, and the same is approved by the Court and
judgment will be rendered in conformity therewith.
IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED that the Plaintiffs, do
have and recover 0f and from the Defendants the total sum of Four Million Two Hundred and
Seventy-Five Thousand and no/ l 00 Dollars ($4,275,000.00) as set out in the Full and Final Release
and Indemnity Agreement.
IT IS FURTHER ORDERED, ADJUDGED and DECREED that Two Hundred Twenty-
Five Thousand and no/lOO Dollars ($225,000.00) shall be allocated t0 the minor M.M. for her
claim, and that afier deducting 1/3 of said amount for attomey’s fees ($75,000.00) to her counsel
Tinsman & Sciano, Inc. and the Dilley Law Firm, the remaining $ l 50,000.00 (net remaining afier
'
attomey’s fees) shall be used for the funding of future periodic payments for the Minor Plaintiff,
Final Judgment Page 2 of 6
MM. Defendants have agreed to pay $150,000.00 (net amount to minor afier attomey’s fees) to
Metropolitan Tower Life Insurance Company for the purchase of an annuity contract which will pay
Minor Plaintiff MM. certain payments in the future in full satisfaction of her claims arising out ofthe
injury to her father, Jayson Munoz.
IT IS FURTHER ORDERED, ADJUDGED, and DECREED bythe Court that Defendants
shall purchase an annuity contract from Metropolitan Tower Life Insurance Company and make a
qualified assignment to MetLife Assignment Company, Inc., in order to guarantee and provide the
following payments t0 the Minor Plaintiff M.M., or if the said Minor M.M. is deceased at the time
the payment accrues, then to her designated beneficiaries. The payments are as follows:
$ 1 ,000.00 paid monthly, guaranteed for 3 years (36 payments) certain
only.Payments commence on 05/ 1 8/2037 with the last guaranteed
payment on 04/ 1 8/2040;
$ 1 ,500.00 paid monthly, guaranteed for 5 years (60 payments) certain
only.Payments commence on 05/18/2040 with the last guaranteed
payment 0n 04/ 8/2045;
l
$1 1,000.00 paid semi-annually, guaranteed for 5 years (10 payments)
certain only. Payments commence on 06/01/2037 with the last guaranteed
payment on 12/01/2041;
$40,000.00 guaranteed lump sum payment 0n 05/ 1 8/2037;
$20,000.00 guaranteed lump sum payment on 05/ 1 8/2044;
$31,960.80 guaranteed lump sum payment on 05/ 18/2049
The right to receive the periodic payments granted to the Minor Plaintiff in this Judgment
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 0f this Court, as evidenced by an
order approving such transaction entered afier compliance with all requirements of the Structured
Settlement Protection Act, §§ 141 .001, Texas Civil Practice and Remedies Code, as it now exists
or may hereafier be amended, or any successor to such statute. Any purported or attempted sale,
Final Judgment Page 3 of 6
transfer, hypothecation, pledge, or other alienation of such payment rights that has not been so
approved will be a direct violation of this order.
IT IS FURTHER ORDERED that Irene Ramirez, Guardian Ad Litem
EL
said Mino
M
éfla S
Plaintiff, be allowed a fee 0f SRWWWN\&\LWTMYto}§éDp§£—é¢ mi)
Defendants.
The Court further finds that Irene Ramirez has fulfilled her duties as Guardian Ad Litem in
this case, and IT IS THEREFORE ORDERED that she is hereby discharged from any further duties
or obligations in this matter.
IT IS FURTHER ORDERED that, when the sums ordered to be paid herein (and the sums
paid as set out in the Full and Final Release and Indemnity Agreement) have been so paid and the
annuity contracts providing for future periodic payments to the Minor Plaintiff and to Jayson
Munoz have been purchased, Defendants shall be discharged, with prejudice, from a1] liability to
Plaintiffs, by reason of the incident described in the pleadings filed herein, and that no execution
shall issue on this judgment but the same shall be entered as having been fully satisfied, except for
costs herein, for which let execution issue if the same be not timely paid.
SIGNED this Q day of
'
OSE GUERRA REYNA
Final Judgment Page 4 of 6
wk D SUBSTANCE:
State Bar No. 1
Aaron L. Valadez — avaladezm tss
State Bar No. 24086676
10107 McAllister Freeway
San Antonio, Texas 78216
Telephone:(210) 225-3121
Facsimile: (210) 225-6235
And
DILLEY L
BY:
DouglaWougNsm dill&lawfim1.c0m
State Bar o. 05872000
Miguel Dilley - miguckukdilleyla\ firmcom
State Bar No. 24058330
635 South Presa
San Antonio, Texas 78210
Telephone: (210) 225-01 11
Facsimile: (210) 228-0493
Attorneysfor Plaintiffs
VIDAURRI RODRIGUEZ & REYNA LLP
BY:
Glenn D. Romero- gromerogd‘vmxlaw.com
State Bar No. 17224025
202 N 10th Ave
Edinburg, TX 78541
Telephone: (956) 38 l -6602
Facsimile: (956) 381-0725
J Arellano Trucking, LLC,
Attorney for Defendants,
Alfredo Chavez, Juan Jose Arellano Chavez, and
Rosalva Lozano
Final Judgment Page 5 of 6
AGREED AS TO FORM AND SUBSTANCE:
TINSMAN & SCIANO, INC.
BY:
Daniel Sciano -
@ano(a).lsslawxcrs.com
State Bar No. 1788 1 200
Aaron L. Valadcz - avaladezflbtsslawxcrscom
State Bar No. 24086676
10107 McAllister Freeway
San Antonio, Texas 78216
Tclephone:(210) 225-3121
Facsimile: (210) 225-6235
And
DILLEY LAW FIRM
BY:
Douglas Dilley - douglas@dillevlawfinn.com
State Bar No. 05872000
Miguel Dilley - migucl@dillcvlawfim.mm
State Bar No. 24058330
635 South Presa
San Antonio, Texas 78210
Telephone: (210) 225-0] l 1
Facsimile: (210) 228-0493
Attorneysfor Plaintiff?
VIDAURRI RODRIGUEZ & REYNA LLP
BY:
Glenn D. Romero— gromero@vrrtxlaw.mm
State Bar No. 17224025
202 N 10th Ave
Edinburg, TX 78541
Telephone: (956) 38 1 -6602
Facsimile: (956) 38 -0725
l
Attorneyfor Defendants, J Arellano Trucking, LLC,
Alfredo Chavez, Juan Jose Arellano Chavez, and
Rosalva Lozano
Final Judgment Page 5 of 6
+++
DONATO BROWN POOL & MOEHLMANN
BY:
Jeffrey R. Bale -ibale(a balelawfirmcom
State Bar No. 01 629800
Ross Bale- rbaleul donatobr0wn.c0m
State Bar N0. 24094522
3200 Southwest Fwy, Ste 2300
Houston, Texas 77027
Telephone: (71 3) 4036433
Facsimile: (713) 877-1 138
Attorneyfor Defendants, American National Logistics, Inc.
& American National Diversified, Inc.
ROERIG, OLIVEIRA & FISHER, LLP
firm]
David G. Ovliveira
39M;
State Bar No. 15254675
10225 N 10‘“ Street
McAllen, Texas 78504
Telephone: (956) 393-6300
Facsimile: (956) 386—1625
Attorneyfor Defendant, American National Diversified, Inc.
UFI‘ON M YMANN, LLP
BY:
Scott
State
802 N
AW
(
Bar No.
ssefioffgwumhlaw.com
486
-
Carancahua, Suite 450
Corpus Christi, TX 78401
Telephone: (361) 698-82 14
Facsimile: (361) 884~529l
Attorney far Defendant, American National Logistics, Inc.
LN 54¢;
Irene Ra'mirez - icr/a‘theramirezlawfirmcom
820 E. Hackberry Avenue
McAllen, TX 78501
Telephone: (956) 278-3015
Attorney Ad-Litem for Minor Child
Final Judgment Page 6 of 6
DONATO B POOL & M0 M
BY:
'
Jeffrey lawfirm com
State Ba No.
Ross Bale- rbalgtodonalobrowncgm
State Bar No. 24094522
3200 Southwest Fwy, Stc 2300
Houston, Texas 77027
Telephone: (713) 403-5433
Facsimile: (713) 877-1 138
Attorncyfar Defendants, American National Logistics, Inc.
& American National Diversified, Inc.
ROERIG, OLIVEIRA & FISHER, LLP
BY:
David G. Olivcira
State Bar No. 15254675
10225 N 10*“ Street
i
McAllcn, Texas 78504
Telephone: (956) 393-6300
Facsimile: (956) 386-1625
Attorneyfar Defendant, American National Diversified, Inc.
UPTON MICKETS & HEYMANN, LLP
BY:
Scott A Seclhoff - sscclhoffahmhlaw.com
State Bar No. 24035486
802 N Carancahua, Suite 450
Corpus Christi, TX 78401
Telephone: (361) 698-8214
Facsimile: (361) 884-5291
Attnrneyfor Defendant. American National Logistics, Inc.
Irene Ramirn - icfiLheramirczlawfinncom
320 E. Hackberry Avcnuc
McAllcn, TX 78501
Telephone: (956) 278—30 5 l
Attorney Ad—Litem for Minor Child
Final Judgment Page 6 of 6
Preview
NOTICEzTHIs DOCUMENT CONTAINS SENSITIVE DATA AT [0:00 O’CLOCK A M ‘ MAY 02 232i; CAUSE N0. C-1756-21-D LAURA HINOJOSA, CLERK JAYSON MUNOZ IN mum ' maroounty ‘ AND ADRIANA GONZALEZ, BY Depmyaa INDIVIDUALLY, AND AS NEXT FRIENDS 0F MADISON MUNOZ, A MINOR Plaintiffs, VS. wwwwwwwwwmwwwwaw 206th JUDICIAL DISTRICT JARELLANO TRUCKING LLC, ALFREDO CHAVEZ, JUAN JOSE ARELLANO CHAVEZ, AND ROSALVA LOZANO Defendants HIDALGO COUNTY, TEXAS FINAL JUDGMENT On the 2nd day of May, 2024, the above numbered and styled cause came on to be heard and Jayson Munoz and Adriana Munoz, Individually and in their capacity as Next Friend of M.M., a Minor, appeared in person, by and through their attorneys of record, Daniel Sciano of Tinsman & Sciano, Inc., and Douglas Dilley 0f the Dilley Law Firm and by the court-appointed Guardian Ad Litem, Irene Ramirez, for the Minor Plaintifl‘ M.M., who was previously appointed by the Court; Defendants J ARELLANO TRUCKING LLC, ALFREDO CHAVEZ, JUAN JOSE ARELLANO CHAVEZ, ROSALVA LOZANO, AMERICAN NATIONAL LOGISTICS, [NC., and AMERICAN NATIONAL DIVERSIFIED, INC. appeared by and through their attorneys ofrecord; and, a jury having been waived, all matters of fact as well as of law were submitted to the Court. The Coun was informed by counsel that all claims and causes of action of the Plaintiffs against the Defendants in this lawsuit have been compromised and settled by a formal Full and Final Release and Indemnity Agreement (which is not attached but incorporated by reference) wherein in exchange for the settlement consideration to be paid by Defendants, as set out therein, the Plaintiffs are Final Judgment Page l of 6 _M%m+fi_e releasing all of Plaintifl‘s’ causes of action that were asserted or could have been asserted against the j Defendants as a result of the incident made the basis of this lawsuit. Whereupon it was announced t0 the Court that the Defendants J ARELLANO TRUCKING LLC, ALFREDO CHAVEZ, JUAN JOSE ARELLANO CHAVEZ, ROSALVA LOZANO, AMERICAN NATIONAL LOGISTICS, INC, and AMERICAN NATIONAL DIVERSIFIED, INC. do not admit liability, and subject to the approval of the Court, that an agreement of compromise and settlement had heretofore been made and entered into as between the Plaintiffs and Defendants, under the terms of which said Defendants and their insurers have agreed to pay the sums set forth therein, together with the fee payable to the Guardian Ad Litem appointed by the Court, in full and final settlement of all matters and issues involved in this case; and the Coun, afier hearing full and satisfactory evidence, including the recommendations 0f the Guardian Ad Litem, is of the opinion and finds that the agreement of settlement is in all things fair, just and equitable and in the best interest of said minor child, and the same is approved by the Court and judgment will be rendered in conformity therewith. IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED that the Plaintiffs, do have and recover 0f and from the Defendants the total sum of Four Million Two Hundred and Seventy-Five Thousand and no/ l 00 Dollars ($4,275,000.00) as set out in the Full and Final Release and Indemnity Agreement. IT IS FURTHER ORDERED, ADJUDGED and DECREED that Two Hundred Twenty- Five Thousand and no/lOO Dollars ($225,000.00) shall be allocated t0 the minor M.M. for her claim, and that afier deducting 1/3 of said amount for attomey’s fees ($75,000.00) to her counsel Tinsman & Sciano, Inc. and the Dilley Law Firm, the remaining $ l 50,000.00 (net remaining afier ' attomey’s fees) shall be used for the funding of future periodic payments for the Minor Plaintiff, Final Judgment Page 2 of 6 MM. Defendants have agreed to pay $150,000.00 (net amount to minor afier attomey’s fees) to Metropolitan Tower Life Insurance Company for the purchase of an annuity contract which will pay Minor Plaintiff MM. certain payments in the future in full satisfaction of her claims arising out ofthe injury to her father, Jayson Munoz. IT IS FURTHER ORDERED, ADJUDGED, and DECREED bythe Court that Defendants shall purchase an annuity contract from Metropolitan Tower Life Insurance Company and make a qualified assignment to MetLife Assignment Company, Inc., in order to guarantee and provide the following payments t0 the Minor Plaintiff M.M., or if the said Minor M.M. is deceased at the time the payment accrues, then to her designated beneficiaries. The payments are as follows: $ 1 ,000.00 paid monthly, guaranteed for 3 years (36 payments) certain only.Payments commence on 05/ 1 8/2037 with the last guaranteed payment on 04/ 1 8/2040; $ 1 ,500.00 paid monthly, guaranteed for 5 years (60 payments) certain only.Payments commence on 05/18/2040 with the last guaranteed payment 0n 04/ 8/2045; l $1 1,000.00 paid semi-annually, guaranteed for 5 years (10 payments) certain only. Payments commence on 06/01/2037 with the last guaranteed payment on 12/01/2041; $40,000.00 guaranteed lump sum payment 0n 05/ 1 8/2037; $20,000.00 guaranteed lump sum payment on 05/ 1 8/2044; $31,960.80 guaranteed lump sum payment on 05/ 18/2049 The right to receive the periodic payments granted to the Minor Plaintiff in this Judgment 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 0f this Court, as evidenced by an order approving such transaction entered afier compliance with all requirements of the Structured Settlement Protection Act, §§ 141 .001, Texas Civil Practice and Remedies Code, as it now exists or may hereafier be amended, or any successor to such statute. Any purported or attempted sale, Final Judgment Page 3 of 6 transfer, hypothecation, pledge, or other alienation of such payment rights that has not been so approved will be a direct violation of this order. IT IS FURTHER ORDERED that Irene Ramirez, Guardian Ad Litem EL said Mino M éfla S Plaintiff, be allowed a fee 0f SRWWWN\&\LWTMYto}§éDp§£—é¢ mi) Defendants. The Court further finds that Irene Ramirez has fulfilled her duties as Guardian Ad Litem in this case, and IT IS THEREFORE ORDERED that she is hereby discharged from any further duties or obligations in this matter. IT IS FURTHER ORDERED that, when the sums ordered to be paid herein (and the sums paid as set out in the Full and Final Release and Indemnity Agreement) have been so paid and the annuity contracts providing for future periodic payments to the Minor Plaintiff and to Jayson Munoz have been purchased, Defendants shall be discharged, with prejudice, from a1] liability to Plaintiffs, by reason of the incident described in the pleadings filed herein, and that no execution shall issue on this judgment but the same shall be entered as having been fully satisfied, except for costs herein, for which let execution issue if the same be not timely paid. SIGNED this Q day of ' OSE GUERRA REYNA Final Judgment Page 4 of 6 wk D SUBSTANCE: State Bar No. 1 Aaron L. Valadez — avaladezm tss State Bar No. 24086676 10107 McAllister Freeway San Antonio, Texas 78216 Telephone:(210) 225-3121 Facsimile: (210) 225-6235 And DILLEY L BY: DouglaWougNsm dill&lawfim1.c0m State Bar o. 05872000 Miguel Dilley - miguckukdilleyla\ firmcom State Bar No. 24058330 635 South Presa San Antonio, Texas 78210 Telephone: (210) 225-01 11 Facsimile: (210) 228-0493 Attorneysfor Plaintiffs VIDAURRI RODRIGUEZ & REYNA LLP BY: Glenn D. Romero- gromerogd‘vmxlaw.com State Bar No. 17224025 202 N 10th Ave Edinburg, TX 78541 Telephone: (956) 38 l -6602 Facsimile: (956) 381-0725 J Arellano Trucking, LLC, Attorney for Defendants, Alfredo Chavez, Juan Jose Arellano Chavez, and Rosalva Lozano Final Judgment Page 5 of 6 AGREED AS TO FORM AND SUBSTANCE: TINSMAN & SCIANO, INC. BY: Daniel Sciano - @ano(a).lsslawxcrs.com State Bar No. 1788 1 200 Aaron L. Valadcz - avaladezflbtsslawxcrscom State Bar No. 24086676 10107 McAllister Freeway San Antonio, Texas 78216 Tclephone:(210) 225-3121 Facsimile: (210) 225-6235 And DILLEY LAW FIRM BY: Douglas Dilley - douglas@dillevlawfinn.com State Bar No. 05872000 Miguel Dilley - migucl@dillcvlawfim.mm State Bar No. 24058330 635 South Presa San Antonio, Texas 78210 Telephone: (210) 225-0] l 1 Facsimile: (210) 228-0493 Attorneysfor Plaintiff? VIDAURRI RODRIGUEZ & REYNA LLP BY: Glenn D. Romero— gromero@vrrtxlaw.mm State Bar No. 17224025 202 N 10th Ave Edinburg, TX 78541 Telephone: (956) 38 1 -6602 Facsimile: (956) 38 -0725 l Attorneyfor Defendants, J Arellano Trucking, LLC, Alfredo Chavez, Juan Jose Arellano Chavez, and Rosalva Lozano Final Judgment Page 5 of 6 +++ DONATO BROWN POOL & MOEHLMANN BY: Jeffrey R. Bale -ibale(a balelawfirmcom State Bar No. 01 629800 Ross Bale- rbaleul donatobr0wn.c0m State Bar N0. 24094522 3200 Southwest Fwy, Ste 2300 Houston, Texas 77027 Telephone: (71 3) 4036433 Facsimile: (713) 877-1 138 Attorneyfor Defendants, American National Logistics, Inc. & American National Diversified, Inc. ROERIG, OLIVEIRA & FISHER, LLP firm] David G. Ovliveira 39M; State Bar No. 15254675 10225 N 10‘“ Street McAllen, Texas 78504 Telephone: (956) 393-6300 Facsimile: (956) 386—1625 Attorneyfor Defendant, American National Diversified, Inc. UFI‘ON M YMANN, LLP BY: Scott State 802 N AW ( Bar No. ssefioffgwumhlaw.com 486 - Carancahua, Suite 450 Corpus Christi, TX 78401 Telephone: (361) 698-82 14 Facsimile: (361) 884~529l Attorney far Defendant, American National Logistics, Inc. LN 54¢; Irene Ra'mirez - icr/a‘theramirezlawfirmcom 820 E. Hackberry Avenue McAllen, TX 78501 Telephone: (956) 278-3015 Attorney Ad-Litem for Minor Child Final Judgment Page 6 of 6 DONATO B POOL & M0 M BY: ' Jeffrey lawfirm com State Ba No. Ross Bale- rbalgtodonalobrowncgm State Bar No. 24094522 3200 Southwest Fwy, Stc 2300 Houston, Texas 77027 Telephone: (713) 403-5433 Facsimile: (713) 877-1 138 Attorncyfar Defendants, American National Logistics, Inc. & American National Diversified, Inc. ROERIG, OLIVEIRA & FISHER, LLP BY: David G. Olivcira State Bar No. 15254675 10225 N 10*“ Street i McAllcn, Texas 78504 Telephone: (956) 393-6300 Facsimile: (956) 386-1625 Attorneyfar Defendant, American National Diversified, Inc. UPTON MICKETS & HEYMANN, LLP BY: Scott A Seclhoff - sscclhoffahmhlaw.com State Bar No. 24035486 802 N Carancahua, Suite 450 Corpus Christi, TX 78401 Telephone: (361) 698-8214 Facsimile: (361) 884-5291 Attnrneyfor Defendant. American National Logistics, Inc. Irene Ramirn - icfiLheramirczlawfinncom 320 E. Hackberry Avcnuc McAllcn, TX 78501 Telephone: (956) 278—30 5 l Attorney Ad—Litem for Minor Child Final Judgment Page 6 of 6