Preview
FILED
12/22/2021 2:50 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Rhonda Burks DEPUTY
CAUSE NO. DC-19-16913
RODNEY BROWN IN THE DISTRICT COURT
Plaintiff,
V. DALLAS COUNTY, TEXAS
REYNALDO BAUTISTA AND
IRMA BAUTISTA
Defendants. 116™ JUDICIAL DISTRICT
PLAINTIFF’S PROPOSED JURY CHARGE
MEMBERS OF THE JURY:
After the closing arguments, you will go to the jury room to decide the case, answer the
questions that are attached, and reach a verdict. You may discuss the case with other jurors only
when you are all together in the jury room.
Remember my previous instructions: Do not discuss the case with anyone else, either in
person or by any other means. Do not do any independent investigation about the case or conduct
any research. Do not look up any words in dictionaries or on the Internet. Do not post information
about the case on the Internet. Do not share any special knowledge or experiences with the other
jurors. Do not use your phone or any other electronic device during your deliberations for any reason.
I will give you a number where others may contact you in case of an emergency.
Any notes you have taken are for your own personal use. You may take your notes back into
the jury room and consult them during deliberations, but do not show or read your notes to your
fellow jurors during your deliberations. Your notes are not evidence. Each of you should rely on your
independent recollection of the evidence and not be influenced by the fact that another juror has or
has not taken notes.
You must leave your notes with the bailiff when you are not deliberating. The bailiff will give
your notes to me promptly after collecting them from you. I will make sure your notes are kept in
a safe, secure location and not disclosed to anyone. After you complete your deliberations, the bailiff
will collect your notes. When you are released from jury duty, the bailiff will promptly destroy your
notes so that nobody can read what you wrote.
Here are the instructions for answering the questions.
1 Do not let bias, prejudice, or sympathy play any part in your decision.
2. Base your answers only on the evidence admitted in court and on the law that is in
these instructions and questions. Do not consider or discuss any evidence that was not admitted in
the courtroom.
3 You are to make up your own minds about the facts. You are the sole judges of the
credibility of the witnesses and the weight to give their testimony. But on matters of law, you must
follow all of my instructions.
4. If my instructions use a word in a way that is different from its ordinary meaning, use
the meaning I give you, which will be a proper legal definition.
5 All the questions and answers are important. No one should say that any question or
answer is not important.
6 Answer “yes” “no” to all questions unless you are told otherwise. A “yes” answer
must be based on a preponderance of the evidence, unless you are told otherwise. Whenever a
question requires an answer other than “yes” or “no,” your answer must be based ona preponderance
of the evidence unless you are told otherwise.
The term “preponderance of the evidence” means the greater weight of credible evidence
presented in this case. If you do not find that a preponderance of the evidence supports a “yes”
answer, then answer 0.” A preponderance of the evidence is not measured by the number of
witnesses or by the number of documents admitted in evidence. For a fact to be proved by a
preponderance of the evidence, you must find that the fact is more likely true than not true.
7 Do not decide who you think should win before you answer the questions and then
just answer the questions to match your decision. Answer each question carefully without
considering who will win. Do not discuss or consider the effect your answers will have.
8 Do not answer questions by drawing straws or by any method of chance.
9 Some questions might ask you for a dollar amount. Do not agree in advance to decide
on a dollar amount by adding up each juror’s amount and then figuring the average.
10. Do not trade your answers. For example, do not say, “I will answer this question your
way if you answer another question my way.”
11. Unless otherwise instructed, the answers to the questions must be based on the
decision of at least ten of tweleve jurors. The same five jurors must agree on every answer. Do not
agree to be bound by a vote of anything less than five jurors, even if it would be a majority.
As I have said before, if you do not follow these instructions, you will be guilty of juror
misconduct, and I might have to order a new trial and start this process over again. This would waste
your time and the parties’ money, and would require the taxpayers of this county to pay for another
trial. If a juror breaks any of these rules, tell that person to stop and report it to me immediately.
Presiding Juror:
1 When you go into the jury room to answer the questions, the first thing you will need
to do is choose a presiding juror.
2. The presiding juror has these duties:
have the complete charge read aloud if it will be helpful to your deliberations;
preside over your deliberations, meaning manage the discussions, and see that
you follow these instructions;
give written questions or comments to the bailiff who will give them to the
Judge;
write down the answers you agree on;
get the signatures for the verdict certificate; and
notify the bailiff that you have reached a verdict.
Do you understand the duties of the presiding juror? If you do not, please tell me now.
Instructions for Signing the Verdict Certificate:
1 Unless otherwise instructed, you may answer the questions on a vote of ten jurors.
The same ten jurors must agree on every answer in the charge. This means you may not have one
group of ten jurors agree on one answer and a different group of ten jurors agree on another answer.
2. If ten jurors agree on every answer, those ten jurors sign the verdict. If all tweleve
of you agree on every answer, you are unanimous and only the presiding juror signs the verdict.
3 All jurors should deliberate on every question. You may end up with all tweleve of
you agreeing on some answers, while only five of you agree on other answers. But when you sign
the verdict, only those ten who agree on every answer will sign the verdict.
Do you understand these instructions? If you do not, please tell me now.
JUDGE PRESIDING
Verdict Certificate
Check one:
Our verdict is unanimous. All twelve of us have agreed to each and every answer.
The presiding juror has signed the certificate for all twelve of us.
Signature of Presiding Juror Printed Name of Presiding Juror
Our verdict is not unanimous. At least ten of us have agreed to each and every answer and
have signed the certificate below.
Signature Name Printed
10
11
12.
REQ' TED DEFINITION NO. 1:
“Negligence” means failure to use ordinary care, that is, failing to do that which a person of
ordinary prudence would have done under the same or similar circumstances or doing that which a
person of ordinary prudence would not have done under the same or similar circumstances.
This requested definition, being timely submitted, is hereby:
GRANTED:
REFUSED:
MODIFIED:
before the charge is read to the jury.
JUDGE PRESIDING
REQ! 'T DEFINITION NO. 2:
“Ordinary care” means that degree of care that would be used by a person of ordinary
prudence under the same or similar circumstances.
This requested definition, being timely submitted, is hereby:
GRANTED:
REFUSED:
MODIFIED:
before the charge is read to the jury.
JUDGE PRESIDING
REQ TED DEFINITION NO. 3:
“Proximate cause” means that cause which, in a natural and continuous sequence, produces
an event, and without which cause such event would not have occurred. In order to be a proximate
cause, the act or omission complained of must be such that a person using ordinary care would have
foreseen that the event, or similar event, might reasonably result there from. There maybe more than
one proximate cause of an event.
This requested definition, being timely submitted, is hereby:
GRANTED:
REFUSED:
MODIFIED:
before the charge is read to the jury.
JUDGE PRESIDIN!
QUESTION NO. 1:
Did the negligence, if any, of Reynaldo Bautista or Irma Bautista proximately cause the
occurrence in question?
Answer “Yes” or “No” for each of the following:
a) Reynaldo Bautista:
b) Irma Bautista:
If you answered “Yes” for either Reynaldo Bautista or Irma Bautista, then answer Question
2. Otherwise, do not answer Question 2.
This requested question, being timely submitted, is hereby:
GRANTED:
REFUSED:
MODIFIED:
before the charge is read to the jury.
JUDGE PRESIDING
QUESTION NO. 2:
If you have answered “Yes” to Question 1 for more than one of those named below, then
answer the following questions. Otherwise, do not answer the following questions.
The percentages you find must total 100 percent. The percentages must be expressed in
whole numbers. The negligence attributable to any one named below is not necessarily measured
by the number of acts or omissions found. The percentage attributable to a person need not be the
same percentage attributed to that person in answering another question.
What percentage of the negligence that caused the injury do you find to be attributable to
each of those listed below and found by you, in your answer to Question 1 to have been negligent?
a. Reynaldo Bautista %
b. Irma Bautista %
TOTAL 100 %
This requested question, being timely submitted, is hereby:
GRANTED:
REFUSED:
MODIFIED:
before the charge is read to the jury.
JUDGE PRESIDING
Answer Question 3 if you answered “Yes” for Reynaldo Bautista and/or Irma Bautista to
Question 1.
QUESTION NO. 3:
What sum of money, if paid now in cash, would fairly and reasonably compensate Rodney
Brown for his injuries, if any, that resulted from the collision in question?
Consider the elements of damages listed below and none other. Consider each element
separately. Do not include damages for one element in any other element. Do not include interest
on any amount of damages you find. Answer in dollars and cents for damages, if any, that were
sustained in the past and that in reasonable probability will be sustained in the future.
a. Physical pain sustained in the past.
Answer:
b Physical pain that, in reasonable probability, will be sustained in the future.
Answer:
Physical impairment sustained in the past.
Answer:
d Physical impairment that, in reasonable probability, will be sustained in the future.
Answer:
Medical expenses in the past.
Answer:
f. Medical expenses that, in reasonable probability, will be incurred in the future.
Answer:
10
& Mental anguish sustained in the past.
Answer:
h Mental anguish that, in reasonable probability, will be sustained in the future.
Answer:
This requested question, being timely submitted, is hereby:
GRANTED:
REFUSED:
MODIFIED:
before the charge is read to the jury.
JUDGE PRESIDING
11
Respectfully Submitted,
DUKE SETH, P.L.L.C.
/s/ Gagandeep K. Seth
GAGANDEEP K. SETH
Texas Bar No. 24062441
gkseth@dukeseth.com
325 N. St. Paul Street
Suite 2220
Dallas, Texas 75201
(214) 965-8100 Telephone
(214) 965-8101 Facsimile
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that on the 22"! day of December, 2021, a true and correct copy of the
foregoing document has been served in compliance with the Texas Rules of Civil Procedure to the
following:
Fernando Martinez
Chavez Legal Group
11900 N. 26" Street, Ste. 200
Edinberg, Texas 78539
/s/ Gagandeep K. Seth
GAGANDEEP K. SETH
12
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.
Cathy Garcia on behalf of Gagandeep Seth
Bar No. 24062441
cgarcia@dukeseth.com
Envelope ID: 60266826
Status as of 12/22/2021 3:12 PM CST
Associated Case Party: RODNEY BROWN
Name BarNumber | Email TimestampSubmitted Status
Melissa Duke mduke@dukeseth.com 12/22/2021 2:50:53 PM SENT
Gagandeep K. Seth gkseth@dukeseth.com 12/22/2021 2:50:53 PM SENT
Maureen Gehring mgehring@dukeseth.com 12/22/2021 2:50:53 PM SENT
Cathy Garcia cgarcia@dukeseth.com 12/22/2021 2:50:53 PM SENT
Case Contacts
Name BarNumber | Email TimestampSubmitted | Status
WALKER M DUKE wduke@dukeseth.com 12/22/2021 2:50:53 PM | SENT
Kila L.Bobier bobier@chavezlegalgroup.com 12/22/2021 2:50:53 PM | SENT
Associated Case Party: REYNALDO BAUTISTA
Name BarNumber Email TimestampSubmitted | Status
Fernando Martinez | 24070934 dallashc@progressive.com 12/22/2021 2:50:53 PM | SENT
Preview
FILED 12/22/2021 2:50 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Rhonda Burks DEPUTY CAUSE NO. DC-19-16913 RODNEY BROWN IN THE DISTRICT COURT Plaintiff, V. DALLAS COUNTY, TEXAS REYNALDO BAUTISTA AND IRMA BAUTISTA Defendants. 116™ JUDICIAL DISTRICT PLAINTIFF’S PROPOSED JURY CHARGE MEMBERS OF THE JURY: After the closing arguments, you will go to the jury room to decide the case, answer the questions that are attached, and reach a verdict. You may discuss the case with other jurors only when you are all together in the jury room. Remember my previous instructions: Do not discuss the case with anyone else, either in person or by any other means. Do not do any independent investigation about the case or conduct any research. Do not look up any words in dictionaries or on the Internet. Do not post information about the case on the Internet. Do not share any special knowledge or experiences with the other jurors. Do not use your phone or any other electronic device during your deliberations for any reason. I will give you a number where others may contact you in case of an emergency. Any notes you have taken are for your own personal use. You may take your notes back into the jury room and consult them during deliberations, but do not show or read your notes to your fellow jurors during your deliberations. Your notes are not evidence. Each of you should rely on your independent recollection of the evidence and not be influenced by the fact that another juror has or has not taken notes. You must leave your notes with the bailiff when you are not deliberating. The bailiff will give your notes to me promptly after collecting them from you. I will make sure your notes are kept in a safe, secure location and not disclosed to anyone. After you complete your deliberations, the bailiff will collect your notes. When you are released from jury duty, the bailiff will promptly destroy your notes so that nobody can read what you wrote. Here are the instructions for answering the questions. 1 Do not let bias, prejudice, or sympathy play any part in your decision. 2. Base your answers only on the evidence admitted in court and on the law that is in these instructions and questions. Do not consider or discuss any evidence that was not admitted in the courtroom. 3 You are to make up your own minds about the facts. You are the sole judges of the credibility of the witnesses and the weight to give their testimony. But on matters of law, you must follow all of my instructions. 4. If my instructions use a word in a way that is different from its ordinary meaning, use the meaning I give you, which will be a proper legal definition. 5 All the questions and answers are important. No one should say that any question or answer is not important. 6 Answer “yes” “no” to all questions unless you are told otherwise. A “yes” answer must be based on a preponderance of the evidence, unless you are told otherwise. Whenever a question requires an answer other than “yes” or “no,” your answer must be based ona preponderance of the evidence unless you are told otherwise. The term “preponderance of the evidence” means the greater weight of credible evidence presented in this case. If you do not find that a preponderance of the evidence supports a “yes” answer, then answer 0.” A preponderance of the evidence is not measured by the number of witnesses or by the number of documents admitted in evidence. For a fact to be proved by a preponderance of the evidence, you must find that the fact is more likely true than not true. 7 Do not decide who you think should win before you answer the questions and then just answer the questions to match your decision. Answer each question carefully without considering who will win. Do not discuss or consider the effect your answers will have. 8 Do not answer questions by drawing straws or by any method of chance. 9 Some questions might ask you for a dollar amount. Do not agree in advance to decide on a dollar amount by adding up each juror’s amount and then figuring the average. 10. Do not trade your answers. For example, do not say, “I will answer this question your way if you answer another question my way.” 11. Unless otherwise instructed, the answers to the questions must be based on the decision of at least ten of tweleve jurors. The same five jurors must agree on every answer. Do not agree to be bound by a vote of anything less than five jurors, even if it would be a majority. As I have said before, if you do not follow these instructions, you will be guilty of juror misconduct, and I might have to order a new trial and start this process over again. This would waste your time and the parties’ money, and would require the taxpayers of this county to pay for another trial. If a juror breaks any of these rules, tell that person to stop and report it to me immediately. Presiding Juror: 1 When you go into the jury room to answer the questions, the first thing you will need to do is choose a presiding juror. 2. The presiding juror has these duties: have the complete charge read aloud if it will be helpful to your deliberations; preside over your deliberations, meaning manage the discussions, and see that you follow these instructions; give written questions or comments to the bailiff who will give them to the Judge; write down the answers you agree on; get the signatures for the verdict certificate; and notify the bailiff that you have reached a verdict. Do you understand the duties of the presiding juror? If you do not, please tell me now. Instructions for Signing the Verdict Certificate: 1 Unless otherwise instructed, you may answer the questions on a vote of ten jurors. The same ten jurors must agree on every answer in the charge. This means you may not have one group of ten jurors agree on one answer and a different group of ten jurors agree on another answer. 2. If ten jurors agree on every answer, those ten jurors sign the verdict. If all tweleve of you agree on every answer, you are unanimous and only the presiding juror signs the verdict. 3 All jurors should deliberate on every question. You may end up with all tweleve of you agreeing on some answers, while only five of you agree on other answers. But when you sign the verdict, only those ten who agree on every answer will sign the verdict. Do you understand these instructions? If you do not, please tell me now. JUDGE PRESIDING Verdict Certificate Check one: Our verdict is unanimous. All twelve of us have agreed to each and every answer. The presiding juror has signed the certificate for all twelve of us. Signature of Presiding Juror Printed Name of Presiding Juror Our verdict is not unanimous. At least ten of us have agreed to each and every answer and have signed the certificate below. Signature Name Printed 10 11 12. REQ' TED DEFINITION NO. 1: “Negligence” means failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances. This requested definition, being timely submitted, is hereby: GRANTED: REFUSED: MODIFIED: before the charge is read to the jury. JUDGE PRESIDING REQ! 'T DEFINITION NO. 2: “Ordinary care” means that degree of care that would be used by a person of ordinary prudence under the same or similar circumstances. This requested definition, being timely submitted, is hereby: GRANTED: REFUSED: MODIFIED: before the charge is read to the jury. JUDGE PRESIDING REQ TED DEFINITION NO. 3: “Proximate cause” means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or similar event, might reasonably result there from. There maybe more than one proximate cause of an event. This requested definition, being timely submitted, is hereby: GRANTED: REFUSED: MODIFIED: before the charge is read to the jury. JUDGE PRESIDIN! QUESTION NO. 1: Did the negligence, if any, of Reynaldo Bautista or Irma Bautista proximately cause the occurrence in question? Answer “Yes” or “No” for each of the following: a) Reynaldo Bautista: b) Irma Bautista: If you answered “Yes” for either Reynaldo Bautista or Irma Bautista, then answer Question 2. Otherwise, do not answer Question 2. This requested question, being timely submitted, is hereby: GRANTED: REFUSED: MODIFIED: before the charge is read to the jury. JUDGE PRESIDING QUESTION NO. 2: If you have answered “Yes” to Question 1 for more than one of those named below, then answer the following questions. Otherwise, do not answer the following questions. The percentages you find must total 100 percent. The percentages must be expressed in whole numbers. The negligence attributable to any one named below is not necessarily measured by the number of acts or omissions found. The percentage attributable to a person need not be the same percentage attributed to that person in answering another question. What percentage of the negligence that caused the injury do you find to be attributable to each of those listed below and found by you, in your answer to Question 1 to have been negligent? a. Reynaldo Bautista % b. Irma Bautista % TOTAL 100 % This requested question, being timely submitted, is hereby: GRANTED: REFUSED: MODIFIED: before the charge is read to the jury. JUDGE PRESIDING Answer Question 3 if you answered “Yes” for Reynaldo Bautista and/or Irma Bautista to Question 1. QUESTION NO. 3: What sum of money, if paid now in cash, would fairly and reasonably compensate Rodney Brown for his injuries, if any, that resulted from the collision in question? Consider the elements of damages listed below and none other. Consider each element separately. Do not include damages for one element in any other element. Do not include interest on any amount of damages you find. Answer in dollars and cents for damages, if any, that were sustained in the past and that in reasonable probability will be sustained in the future. a. Physical pain sustained in the past. Answer: b Physical pain that, in reasonable probability, will be sustained in the future. Answer: Physical impairment sustained in the past. Answer: d Physical impairment that, in reasonable probability, will be sustained in the future. Answer: Medical expenses in the past. Answer: f. Medical expenses that, in reasonable probability, will be incurred in the future. Answer: 10 & Mental anguish sustained in the past. Answer: h Mental anguish that, in reasonable probability, will be sustained in the future. Answer: This requested question, being timely submitted, is hereby: GRANTED: REFUSED: MODIFIED: before the charge is read to the jury. JUDGE PRESIDING 11 Respectfully Submitted, DUKE SETH, P.L.L.C. /s/ Gagandeep K. Seth GAGANDEEP K. SETH Texas Bar No. 24062441 gkseth@dukeseth.com 325 N. St. Paul Street Suite 2220 Dallas, Texas 75201 (214) 965-8100 Telephone (214) 965-8101 Facsimile ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on the 22"! day of December, 2021, a true and correct copy of the foregoing document has been served in compliance with the Texas Rules of Civil Procedure to the following: Fernando Martinez Chavez Legal Group 11900 N. 26" Street, Ste. 200 Edinberg, Texas 78539 /s/ Gagandeep K. Seth GAGANDEEP K. SETH 12 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. Cathy Garcia on behalf of Gagandeep Seth Bar No. 24062441 cgarcia@dukeseth.com Envelope ID: 60266826 Status as of 12/22/2021 3:12 PM CST Associated Case Party: RODNEY BROWN Name BarNumber | Email TimestampSubmitted Status Melissa Duke mduke@dukeseth.com 12/22/2021 2:50:53 PM SENT Gagandeep K. Seth gkseth@dukeseth.com 12/22/2021 2:50:53 PM SENT Maureen Gehring mgehring@dukeseth.com 12/22/2021 2:50:53 PM SENT Cathy Garcia cgarcia@dukeseth.com 12/22/2021 2:50:53 PM SENT Case Contacts Name BarNumber | Email TimestampSubmitted | Status WALKER M DUKE wduke@dukeseth.com 12/22/2021 2:50:53 PM | SENT Kila L.Bobier bobier@chavezlegalgroup.com 12/22/2021 2:50:53 PM | SENT Associated Case Party: REYNALDO BAUTISTA Name BarNumber Email TimestampSubmitted | Status Fernando Martinez | 24070934 dallashc@progressive.com 12/22/2021 2:50:53 PM | SENT