FILED
`24-0290
`4/15/2024 12:00 AM
`tex-86630918
`SUPREME COURT OF TEXAS
`BLAKE A. HAWTHORNE, CLERK
`
`No. ___________
`
`
`
`
`
`In the Supreme Court of Texas
`
`
`IN RE SPACE EXPLORATION TECHNOLOGIES CORP. AND LAUREN
`KRUEGER,
`
`
`
`Relators.
`
`Original Proceeding from the
`444th District Court Cameron County, Texas
`No. 2020-DCL-03939
`Following denial of mandamus relief by
`Thirteenth Court of Appeals at Corpus Christi, Texas
`No. 13-24-00042-CV
`
`RECORD TO PETITION FOR WRIT OF MANDAMUS
`VOLUME 4 OF 5
`
`
`
`
`
`
`
`ROERIG, OLIVEIRA & FISHER LLP
`D. Alan Erwin
`State Bar No. 06653020
`10225 N. 10th Street
`McAllen, TX 78504
`(956) 393-6300
`aerwin@rofllp.com
`
`Counsel for Relator Lauren Elizabeth
`Krueger
`
`
`MORGAN, LEWIS & BOCKIUS LLP
`William R. Peterson
`State Bar No. 24065901
`william.peterson@morganlewis.com
`Michelle D. Pector
`State Bar No. 24027726
`michelle.pector@morganlewis.com
`Jared Wilkerson
`State Bar No. 24084096
`jared.wilkerson@morganlewis.com
`1000 Louisiana, Suite 4000
`Houston, Texas 77002
`(713) 890-5000
`(713) 890-5001 (Fax)
`
`ROERIG, OLIVEIRA & FISHER LLP
`David Oliveira
`
`State Bar No. 15254675
`10225 N. 10th Street
`McAllen, TX 78504
`(956) 393-6300
`doliveira@rofllp.com
`
`
`
`
`
`
`Counsel for Relator Space Exploration
`Technologies Corp.
`
`
`
`

`

`INDEX OF RECORD TO PETITION FOR WRIT OF MANDAMUS
`
`Tab No. Page No.
`
`Description
`
`Record to Petition for Writ of Mandamus before
`Court of Appeals
`
`Petition for Writ of Mandamus before Court of
`Appeals
`
`1/11/2024
`
` MR2257
`
`Order Setting Mandamus Response Deadlines
`
`Date Filed
`
`1/11/2024
`
`1/12/2024
`
`1/16/2024
`
`1/22/2024
`
`1/22/2024
`
`1/23/2024
`
`1
`
`2
`
`3
`
`4
`
`5
`
` MR0001
`
` MR2193
`
` MR2259
`
` MR2261
`
`6
`
` MR2266
`
`7
`
` MR2271
`
`8
`
`9
`
` MR2276
`
` MR2284
`
`10
`
` MR2289
`
`11
`
` MR2296
`
`Appearance of Counsel Sarah Durham for Hector
`Garcia, Jr.
`
`Real Party in Interest Hector Garcia, Jr.’s First
`Motion for Extension of Time to file Response to
`Petition for Writ of Mandamus
`
`Real Parties in Interest Jose Ruiz and Humberto
`Garcia’s First Motion for Extension of Time to file
`Response to Mandamus Petition
`
`Real Party in Interest Hector Garcia, Jr.’s Amended
`First Motion for Extension of Time to file Response
`to Petition for Writ of Mandamus
`
`Real Parties in Interest Jose Ruiz and Humberto
`Garcia’s Motion to Abate
`
`2/14/2024
`
`Real Party in Interest Hector Garcia, Jr.’s Response
`to Real Parties in Interest Jose Ruiz and Humberto
`Garcia’s Motion to Abate
`
`Real Party in Interest Hector Garcia, Jr.’s Second
`Motion for Extension of Time to file Response to
`Mandamus Petition
`
`Real Parties in Interest Jose Ruiz and Humberto
`Garcia’s Second Motion for Extension of Time to file
`Response to Mandamus Petition
`
`2/16/2024
`
`2/21/2024
`
`2/21/2024
`
`12
`
`13
`
`14
`
` MR2304
`
`Relators’ Response to Second Motions for Extension
`
`2/21/2024
`
` MR2311
`
`Relators’ Response to Motion to Abate
`
` MR2321
`
`Real Parties in Interest Jose Ruiz and Humberto
`Garcia’s Reply in Support of Motion to Abate
`
`15
`
` MR2330
`
`Real Parties in Interest Jose Ruiz and Humberto
`Garcia’s Amended Reply in Support of Motion to
`Abate
`
`2/26/2024
`
`3/07/2024
`
`3/08/2024
`
`16
`
` MR2339
`
`Real Party in Interest Hector Garcia, Jr.’s Agreement
`to Real Parties in Interest Jose Ruiz and Humberto
`
`3/08/2024
`
`
`
`

`

`17
`
` MR2344
`
`18
`
` MR2346
`
`19
`
` MR2348
`
`20
`
` MR2350
`
`21
`
` MR2386
`
`22
`
` MR2387
`
`23
`
` MR2388
`
`24
`
` MR2389
`
`25
`
` MR2390
`
`26
`
` MR2391
`
`27
`
` MR2392
`
`28
`
` MR2393
`
`29
`
` MR2394
`
`Garcia’s Amended Reply in Support of Motion to
`Abate
`
`Letter Brief to Trial Court in Support of Opposition
`to Motion for New Trial, SpaceX’s Bill of Costs and
`Submission of Proposed Order Denying Motion for
`New Trial
`
`12/13/2023
`
`Defendants’ Proposed Order Denying Jose Ruiz and
`Humberto Garcia’s Motion for New Trial
`
`12/13/2023
`
`Service of Relators’ Petition for Writ of Mandamus
`to Judge Sanchez
`
`Master Index to the Court Reporter’s Record,
`Volume 1 of 11
`
`Certificate of Court Reporter certifying transcription
`of the July 31, 2023 Voir Dire proceedings from the
`Trial on the Merits, Volume 2 of 11
`
`Certificate of Court Reporter certifying transcription
`of the August 1, 2023 proceedings from the Trial on
`the Merits, Volume 3 of 11
`
`Certificate of Court Reporter certifying transcription
`of the August 2, 2023 proceedings from the Trial on
`the Merits, Volume 4 of 11
`
`Certificate of Court Reporter certifying transcription
`of the August 3, 2023 proceedings from the Trial on
`the Merits, Volume 5 of 11
`
`Certificate of Court Reporter certifying transcription
`of the August 4, 2023 proceedings from the Trial on
`the Merits, Volume 6 of 11
`
`Certificate of Court Reporter certifying Plaintiffs’
`trial exhibits from the Trial on the Merits, Volume 7
`of 11
`
`Certificate of Court Reporter certifying Plaintiffs’
`trial exhibits from the Trial on the Merits, Volume 8
`of 11
`
`Certificate of Court Reporter certifying Plaintiffs’
`trial exhibits from the Trial on the Merits, Volume 9
`of 11
`
`Certificate of Court Reporter certifying Defendants’
`trial exhibits from the Trial on the Merits, Volume
`10 of 11
`
`1/12/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`
`
`

`

`30
`
` MR2395
`
`31
`
` MR2396
`
`Certificate of Court Reporter certifying Defendants’
`trial exhibits from the Trial on the Merits, Volume
`11 of 11
`
`Declaration of Michelle Pector Authenticating the
`Contents of the Record and Appendix
`
`
`
`1/18/2024
`
`4/12/2024
`
`
`
`
`
`

`

`IZ, JOSE L
`1963
`
`* Consents - Auth (Verified) *
`
`01031564
`11465528
`
`™,
`
`POOR
`DISCLOSURE AND CONSENT
`Medical, Surgical and Diagnostic Procedures
`a
`(Page 4 of2) s
`:
`DSose 4
`|
`f ) Uiz
`EEN
`TO THE PATIENT: You havethe right, as a patient, to be informed about your condition and the recommended surgical,
`medical ordiagnosticprocedure to be usedso thatyou may makethe decision whether ornot to undergo theprocedure after
`knowingthe risks and hazards involved. This disclosure is not meant to scare oralarm you, itis simply an effort to make you
`better informed so you may give or withhold your consentto the procedure.
`we)voluntarily request Dr.
`‘
`‘as my physician, and such associates, technical assistants and other health care providers as they may deem necessary, to treat my
`condition which has been explained to me as:hhh:eh
`| }we) understandthatthe following surgical, medical and/ordiagnostic procedures are planned for me anfihwe)voluntarily consent
`
`QUALIT,
`
`ORIGIN,L
`
`
`
`and authorize these procedures:
`
`‘
`
`
`
`
`
`
`
`
`
`we) understand that my physician may discover otheror different conditions which require additionalordifferent procedures than
`ase planned{|\we) authorize my physician, and such associates, technical assistants and other health care providers to perform
`such other procedures whichare advisablein their professional judgment.
`ACAwe) éo)(do not) consenttotheuse ofblood and blood products as deemed necessary.
`(wey understand that no warrantyor guarantee has been madeto me asto result or cure.
`(Dhwey consentto the disposal by hospital authorities of any tissues or parts which may be removed.
`Just as there may be risks and hazardsin continuing my present condition without treatment, there are also risks and hazards related
`to the performanceofthe surgical, medical, and/or diagnostic procedures planned for me(|(we)realize that commonto surgical,
`medical, and/or diagnostic proceduresis the potentialfor infection, blood clots in veins and lungs, hemorrhage,allergic reactions, and
`even death(Nwe) also realize that the following risks and hazards may occur in connection with this particular procedure:
`
`
`
`
`(IS uyTe
`es
`os
`Se)
`conn
`h IDHRHealth
`nia 01031564
`11465528
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`ed
`MR: O1
`‘
`RUIZ. JOSE L
`We OBSERVATION (0Ya Male
`POOR QUALITY eater
`oa/t4i2
`oeeiiERO,GUILLERNO Phy: PECHERO, GUILLERNO
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`
`Page 1 of 4
`
`Defendant's Exhibit
`170 pages of 255
`
`
`MR2032
`
`Defendant's Exhibit
`
`170
`
`MR2032
`
`€
`

`

`RUIZ, JOSE L
`3/9/1963
`
`. )
`
`* Consents - Auth (Verified) *
`
`DISCLOSURE AND CONSENT
`
`01031564
`11465528
`
`Medical, Surgical and Diagnostic Procedures
`(Page 2 of2)
`(do not) consentto the photographing ofthe operations or procedures to be performed, including appropriate
`JILRAwe)
`portions of my bouy, for medical, scientific or educational purposes, providing my identity is not revealed by descriptive texts
`accompanying the pictures.
`we) o\do Not) agree to the possible presence ofa scientific observerin the operating room during my surgical care should
`my surgeon
`make Such a request!
`|we) understand that said observeris not in any way associated with Doctors Hospital at
`Renaissance(!
`{we) hereby relea
`octors Hospital at Renaissance,its agents, assigns and successors from anyandallliability which
`mayresult from
`presence of a scientific observer in the operating room.
`we) understand that anesthesia involves additional risks and hazanis bute) request the use of anesthetics forthe relief and
`rotection from pain during the planned and additional procedures.(l
`(we) understand the anesthesia may have to be changed possibly
`without explanation to
`(us).
`
`we) understandthat certain complications may result from the use of any anesthetic including respiratory problems, drug reaction,
`aralysis, brain damage or even death. Otherrisks,and hazards which mayresult from the use of general anesthetics range from minor
`discomfort to injury to vocal cords, teeth or eyes.(|
`(we) understandthat other risks and hazards resulting from spinal or epidural
`anesthetics.include headache and chronic pain.
`{ L Ke (i }we) have been given an opportunity to ask questions about my condition, alternative forms of an
`ia and treatment,
`risks of non- treatment, the proceduresto be used,the risks and hazardsinvolved, and benefits oftreatment, and
`) believe th
`(we) havesufficient information to give this informed consent.
`.
`|{we) certify this form has beenfully explained to me, thaiwe) have readit or have hadit read to (fefus), that the blank spaces have
`een filled in, and th
`) understandits contents.
`Patient Signature:
` Witness Signature:
`
`:
`
`time: A5Y___amipm
`Date: 2-9-
`Date: > F a Time:
`Hi5 7
`AM/PM
`
`
`
`Other Legally Responsible Party Signature:CCC atte:
`
`Time:
`
`:
`
`AM/PM
`
`
`
`Relationshipto Patient: - Address/City / State / Zip:
`
`Prior to the treatmentor procedure, the nurse or designeewill verify the patient's consent and signature:
`
`(Patient Signatire:
`Witness Signature:
`
`Z
`
`_\ ji Ron. S Ain wie} Lar
`
`Date: only les
`Date:
`
`Time:
`Time:
`
`PM
`PM
`
`mployee PHYSICIAN:
`
`/Read/Translated to Patient by
`
`ge
`
`3ED
`Ble
`
`ERIDHRHealth
`
`p
`
`ors Hospita
`
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`
`a 528
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`MR: 01031564
`1465
`
`R RUIZ,99800:00 UNKNOWN, ROOM-UNKNOWE
`A Shae
`sere,RD RPhy:PEC!
`0, GUILLERMO
`Oi
`Phy:PECHERO, GUILLE!
`Pl
`
`DSR-ADM-01 (12/18) Pg.20f13
`
`Page 2 of 4
`Page 2 of 4
`
`Page6 of 255
`
`MR2033
`
`MR2033
`
`

`

`¥ 2/16/2023 07:14
`
`€19563621918
`
`Doctor's Hospital at Renalssan
`
`RRD~ 19566866817
`
`2/4
`
`
`
` itp
`;okLae Hom::5501S.McCollRoad
`! Doctors Hospital at Renaissance
`ey bérors
`ItyieARENAISSANGE.Edinburg, TX 78539
`
`05:50 CST
`2/14/2023
`Admit Date/Time:
`Patient Name: RUIZ, JOSEL
`15:40 CST
`2/15/2023
`Discharge Date/Time:
`MRN;
`01031564
`PECHERO MD,GUILLERMO RUBEN
`Admitting:
`VID:
`11465528
`PECHERO MD,GUILLERMO RUBEN
`
`DOB/Age/Sex. FM} «959 years=Male Referring:
`Location:
`Doctors Hospital at Renalssance
`NT 2nd MS
`213
`
`
`Progress Notes
`
`DOCUMENT TYPE:
`SERVICE DATE/TIME:
`RESULT STATUS:
`AUTHORIZEDBY:
`
`Progress Note
`2/15/2023 07:58 CST
`Auth (Verified)
`Barron,Eleaine PA-C (2/15/2023 07:59 CST)
`
`Subjective
`Patient is a 59 year old male presenting to our clinic with severe LEFT knee pain due ta
`advanced osteoarthritis. Afier trying andfailing conservative treatmentincluding 1A knee
`injection, PT end oral medications, it was
`recommended to continue with LEFT TKA. Patient underwent LEFT total knee
`arthroplasty 2/14/23. They are presenting well today post-operatively. They are
`ambulating well, managing pain well, managing diet well and voiding. Nofever. chilis or
`drainage from the incision site. Per nursing staff, no acute events were nated
`vi
`negative except per HPI
`
`Objective
`Vitals/Measurements
`T: 98.5 °F (Oral) HR: 62 (Peripheral) RR: 17 BP: 120/62 SpO2; 94%
`
`PRRUEESS £ {npatient
`
`PhysicalExam
`Objective:
`LEFT LE: No soaking of dressing noted. No warmth, erythema, purulent discharge or
`drainage noted. No signs of active infection at this time. Grossly neurovascularly intact.
`Soft compartment noted upon palpation. No pain with passive stretch. Limited ROM
`secondary to pain as can be expected. No tendemess along gastroc. Negative Homans
`testing. Able to ambulate with assistive devices.
`
`Procedure
`LEFT total knee arthroplasty
`
`Assessment/Pian
`Assessment/Plan:
`1, Continue WBATwith assistive devices and proceed with PT as recommended. Is
`already scheduled to start PT.
`2. Continue pain management as needed and antibiotics as recommended. Aware to
`get RX upon discharge,
`3. DVT prophylaxis with ASA 81mg BID, compression stockings and ambulatory status.
`4. May discharge once medicallystable today with family
`§. F/u outpatient in 2 weeks at clinic for wound check and X-
`
`Ca
`:
`Tee 11,07
`
`E
`
`second Sa
`cst
`INR
`oanneas12:2:
`
`acetaminophen, 650 mg=2tab, Oral. q6h
`aspirin, 81 mg= 1 tab, Oral, BID
`CeleBREX, 200 mg= 1 cap, Oral, BID
`Colace, 100 mg= 1 cap. Oral, 8ID
`
`Report Request ID:
`
`116728463
`
`Page 1 of 2
`
`2/16/2023 07:03 CST
`
`Page 3 of 4
`Page3 of 4
`
`MR2034
`
`MR2034
`
`

`

`Page 4 of 4
`
`ee
`Page 4 of 4
`
`MR2035
`
`

`

`CAUSE NO. 2020-DCL-03939
`
`JOSE RUIZ; HECTOR GARCIA, JR.;
`AND HUMBERTO GARCIA
`
`IN THE DISTRICT COURT
`
`v .
`
`CAMERON COUNTY, TEXAS
`
`SPACE EXPLORATION
`TECHNOLOGIES CORP. D/B/A SPACEX;
`LAUREN ELIZABETH KRUEGER
`
`444TH JUDICIAL DISTRICT
`
`CHARGE OF THE COURT
`
`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.
`
`MR2036
`
`

`

`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" or "no" to all questions unless you are told otherwise. A "yes" answer must
`be based on a preponderance of the evidence. Whenever a question requires an answer
`other than "yes" or "no," your answer must be based on a preponderance of the evidence.
`
`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 "no." 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. The answers to the questions must be based on the decision of at least ten of the twelve
`jurors. The same ten jurors must agree on every answer. Do not agree to be bound by a
`vote of anything less than ten 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.
`
`INSTRUCTIONS AND DEFINITIONS
`
`You are instructed that the "occurrence in question" refers to the event which occurred on
`Boca Chica Boulevard in Brownsville, Cameron County, Texas on the morning of February 5,
`2020.
`
`"SpaceX" means Space Exploration Technologies Corp.
`
`MR2037
`
`

`

`QUESTION ONE:
`
`Did the negligence, if any, of Lauren Elizabeth Krueger proximately cause the occurrence in
`question?
`
`"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.
`
`"Ordinary care" means that degree of care that would be used by a person of ordinary
`prudence under the same or similar circumstances.
`
`"Proximate cause" means a cause that was a substantial factor in bringing about an
`occurrence, and without which cause such occurrence 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 occurrence, or some similar occurrence, might
`reasonably result therefrom. There may be more than one proximate cause of an
`occurrence.
`
`Answer, "YES" or "NO":
`
`Answer:
`
`MR2038
`
`

`

`If you answered "YES" with respect to Question One, then answer the remaining questions.
`Otherwise do not answer the remaining questions.
`
`QUESTION TWO:
`
`At the time of the occurrence in question, was Lauren Elizabeth Krueger acting in the course and
`scope of her employment with SpaceX?
`
`An employee is not in the course and scope of employment while driving a vehicle to and
`from work unless the employee is on a "special mission." An employee is on a "special mission"
`if the employee is performing a specific errand either as part of her regular duties or at the specific
`order of her employer or implied approval. An employee may or may not be on a "special mission"
`if the employee is staying and working at a location away from home. Whether an employer
`owned or paid for a vehicle being driven by the employee is not relevant to whether the employee
`was acting in the course and scope of her employment. A special mission involves work or a work-
`related activity apart from the employee's regular job duties. If on a special mission, the employee
`is within the course and scope of employment until the mission is complete or until the employee
`deviates from the mission for personal reasons.
`
`Answer "Yes"
`
`Answer:
`
`• or N6
`
`MR2039
`
`

`

`QUESTION THREE:
`
`What sum of money, if paid now in cash, would fairly and reasonably compensate Jose Ruiz for
`his injuries, if any, that resulted from the occurrence in question?
`
`Consider the elements of damages listed below and none other. Consider each element
`separately. Do not award any sum of money on any element if you have otherwise, under
`some other element, awarded a sum of money for the same loss. That is, do not compensate
`twice for the same loss, if any. Do not include interest on any damages you find.
`
`Do not include any amount for any injury or condition that did not result from the
`occurrence in question. However, if a pre-existing injury or condition was not causing any
`symptoms at the time of the occurrence in question, but made the Plaintiff more susceptible
`to injury than a person without that injury or condition, include damages, if any, resulting
`from a combination of the preexisting injury or condition and the occurrence in question.
`
`Do not include any amount for any condition resulting from the failure, if any, of Jose Ruiz
`to have acted as a person of ordinary prudence would have done under the same or similar
`circumstances in caring for and treating his injuries, if any, that resulted from the
`occurrence in question.
`
`Answer separately, in dollars and cents, for damages, if any. Any recovery will be
`determined by the court when it applies the law to your answers at the time of judgment.
`
`1.
`
`Physical pain and mental anguish sustained in the past.
`
`Answer: $ S L I OD° • -53
`
`2.
`
`Physical pain and mental anguish that, in reasonable probability Jose Ruiz will sustain in
`the future.
`
`3.
`
`Physical impairment sustained in the past.
`
`Answer: $
`Answer: $ Z2.../ COD. ° C)
`
`4.
`
`Physical impairment that, in reasonable probability, Jose Ruiz will sustain in the future.
`
`Answer: $ 15--; COO .-Qfr
`
`MR2040
`
`

`

`QUESTION FOUR:
`
`What sum of money, if paid now in cash, would fairly and reasonably compensate Humberto
`Garcia for his injuries, if any, that resulted from the occurrence in question?
`
`Consider the elements of damages listed below and none other. Consider each element
`separately. Do not award any sum of money on any element if you have otherwise, under
`some other element, awarded a sum of money for the same loss. That is, do not compensate
`twice for the same loss, if any. Do not include interest on any damages you find.
`
`Do not include any amount for any injury or condition that did not result from the
`occurrence in question. However, if a pre-existing injury or condition was not causing any
`symptoms at the time of the occurrence in question, but made Humberto Garcia more
`susceptible to injury than a person without that injury or condition, include damages, if
`any, resulting from a combination of the preexisting injury or condition and the occurrence
`in question.
`
`Do not include any amount for any condition resulting from the failure, if any, of Humberto
`Garcia to have acted as a person of ordinary prudence would have done under the same or
`similar circumstances in caring for and treating his injuries, if any, that resulted from the
`occurrence in question.
`
`Answer separately, in dollars and cents, for damages, if any. Any recovery will be
`determined by the court when it applies the law to your answers at the time of judgment.
`
`1.
`
`Physical pain and mental anguish sustained in the past.
`
`Answer: $
`
`IC/ 6G0 .
`
`2.
`
`Physical pain and mental anguish that, in reasonable probability Humberto Garcia will
`sustain in the future.
`
`Answer: $ ZOf O(X) . Oa
`
`3.
`
`Physical impairment sustained in the past.
`
`Answer: $ <
`
`(X)0, tr' °
`
`4.
`
`Physical impairment that, in reasonable probability, Humberto Garcia will sustain in the
`future.
`
`Answer: $
`
`4)C0
`
`MR2041
`
`

`

`QUESTION FIVE:
`
`What sum of money, if paid now in cash, would fairly and reasonably compensate Hector Garcia,
`Jr. for his injuries, if any, that resulted from the occurrence in question?
`
`Consider the elements of damages listed below and none other. Consider each element
`separately. Do not award any sum of money on any element if you have otherwise, under
`some other element, awarded a sum of money for the same loss. That is, do not compensate
`twice for the same loss, if any. Do not include interest on any damages you find.
`
`Do not include any amount for any injury or condition that did not result from the
`occurrence in question. However, if a pre-existing injury or condition was not causing any
`symptoms at the time of the occurrence in question, but made Hector Garcia more
`susceptible to injury than a person without that injury or condition, include damages, if
`any, resulting from a combination of the preexisting injury or condition and the occurrence
`in question.
`
`Do not include any amount for any condition resulting from the failure, if any, of Hector
`Garcia, Jr. to have acted as a person of ordinary prudence would have done under the same
`or similar circumstances in caring for and treating his injuries, if any, that resulted from
`the occurrence in question.
`
`Answer separately, in dollars and cents, for damages, if any. Any recovery will be
`determined by the court when it applies the law to your answers at the time of judgment.
`
`1.
`
`Physical pain and mental anguish sustained in the past.
`
`Answer: $
`
`2.
`
`Physical pain and mental anguish that, in reasonable probability Hector Garcia, Jr. will
`sustain in the future.
`Answer: $ lota:o.o°
`
`3.
`
`Physical impairment sustained in the past.
`
`Answer: $
`
`0
`
`4.
`
`5.
`
`Physical impairment that, in reasonable probability, Hector Garcia, Jr. will sustain in the
`future.
`Answer: $ 0
`
`Medical care expenses that, in reasonable probability, Hector Garcia, Jr. will sustain in
`the future.
`
`Answer: $ •
`
`MR2042
`
`

`

`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:
`
`a.
`
`b.
`
`c.
`
`d.
`e.
`f.
`
`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:
`
`You may answer the questions on a vote of ten jurors. The same ten jurors must
`1.
`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.
`
`If ten jurors agree on every answer, those ten jurors sign the verdict. If eleven
`2.
`jurors agree on every answer, those eleven jurors sign the verdict. If all twelve of you agree on
`every answer, you are unanimous and only the presiding juror signs the verdict.
`
`All jurors should deliberate on every question. You may end up with all twelve
`3.
`of you agreeing on some answers, while only ten or eleven 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 not, please tell me now.
`
`GE PRESIDING
`
`l e(o'clock
`FILED
`LAURA PEREZ-REYES - !STRICT CLERK
`
`AUG - 4 2023
`
`DISTRICT COURT OF CAMERON COUNTY, TEXAS
`
`B A,0ktole-
`
`puty
`
`MR2043
`
`

`

`Verdict Certificate
`
`Our verdict is unanimous. All twelve of us have agreed to ach and every answer. The
`presiding juror has signed the certificate for all skeof us.
`
`PRESIDI G
`
`0
`
`OfiV\SkikACk_ OCti c,
`
`Printed Name of Presiding Juror
`
`Our verdict is not unanimous. Eleven of us have agreed to each and every answer and
`
`have signed the certificate below.
`
`Our verdict is not unanimous. Ten of us have agreed to each and every answer and have
`
`signed the certificate below.
`
`Jurors' Si ma es
`
`Jurors' Printed Names
`
`ICILN nAipioL
`
`r
`
`
`
`efel 41 11 a ytier
`-i'scI la 0 l i vcu-12—
`ir\kavi'(k. CA-i), -6(14k avides
`. 51et,--1,0
`I) ):;_ 2-- 1 — cA
`g/ri jac 6://nglob
`
`-1Y1OJL
`
`j5(
`
`SOT) oti
`
`t_ 0 Pt -7
`
`71J,
`
`(3
`
`ecTorks
`
`FILED ( f' Oo'clock
`LAUHA PEHEZ-REYS - ItTRICT CLERK
`
`AUG -4 2023
`
`DISTRICT COURT
`COURT OF CAMERON COUNTY, TEXAS
`
`Deputy
`
`MR2044
`
`

`

`RECEIVED 9/18/2023 6:22 PM
`2020-DCL-03939 / 79679892
`LAURA PEREZ-REYES
`Cameron County District Clerk
`By Brenda Ramirez Deputy Clerk
`
`CAUSE NO. 2020-DCL-03939
`
`Plaintiffs,
`
`§
`JOSE RUIZ, HECTOR GARCIA, JR.
`§
`And HUMBERTO GARCIA
`§
`
`§
`
`§
`
`§
`
`§
`
`§
`SPACE EXPLORATION TECHNOLOGIES
`CORP. d/b/a SPACEX, LAUREN ELIZABETH §
`KRUEGER
`§
`
`
`v.
`
`IN THE DISTRICT COURT OF
`
`444TH JUDICIAL DISTRICT
`
`CAMERON COUNTY, TEXAS
`
`
`
`
`On July 31, 2023, this matter was called for trial before a jury of twelve persons duly
`
`FINAL JUDGMENT
`
`impaneled and sworn. The Plaintiffs are Jose Ruiz, Humberto Garcia, and Hector Garcia Jr.
`
`(collectively “Plaintiffs”) and the Defendants are Space Exploration Technologies Corporation
`
`(“SpaceX”) and Lauren Elizabeth Krueger (“Krueger”).
`
`Trial of this matter occurred from July 31–August 4, 2023. After all parties rested, the jury
`
`returned its verdict in this matter on August 4, 2023. The Court received, filed, and entered the
`
`jury’s verdict of record. The questions submitted to the jury and the jury’s findings are attached
`
`hereto as Exhibit 1 hereto. After the jury was released, Defendants move for judgment based on
`
`the verdict. Having considered the motion and all related materials, the Court enters Final
`
`Judgment as follows:
`
`1. In light of the jury’s finding that Krueger was not in the course and scope of her
`
`employment with SpaceX and not on a special mission at the time of the accident
`
`at issue, all of Plaintiffs’ claims against SpaceX are denied in their entirety, a take-
`
`nothing judgment is rendered in favor of SpaceX, and Plaintiffs shall recover
`
`nothing against or from SpaceX.
`
`
`
`MR2045
`
`

`

`2. Plaintiffs are awarded the following damages against Krueger:
`
`a. Jose Ruiz: $73,500 ($58,500 of which is subject to 8.25% prejudgment
`
`interest from April 12, 2021 until the day prior to this Final Judgment);
`
`b. Humberto Garcia: $40,000 ($20,000 of which is subject to 8.25%
`
`prejudgment interest from April 12, 2021 until the day prior to this Final
`
`Judgment); and
`
`c. Hector Garcia: $10,000 (none of which is subject to prejudgment interest).
`
`3. Postjudgment interest for the amounts in paragraphs 2(a)–2(c) and 4 will accrue at
`
`8.25% and will cease accruing once payment of such amounts are made in full.
`
`4. The Court finds that SpaceX is the successful party as against Plaintiffs, per Texas
`
`Rule of Civil Procedure 131, and orders that Plaintiffs shall pay SpaceX all taxable
`
`costs, consisting of all fees of the clerk, all service fees, interpreter fees, and all fees
`
`of the court reporters for the original stenographic deposition, hearing, and trial
`
`transcripts and exhibits obtained for use in the suit. The amount of taxable costs to
`
`which SpaceX is entitled from Plaintiffs is $40,252.33.
`
`5. The Court finds that neither any of Plaintiffs nor Krueger are a successful party
`
`under Texas Rule of Civil Procedure 131. Accordingly, each of Plaintiffs and
`
`Krueger shall bear their own costs.
`
`
`
`This is a Final Judgment on all claims and as to all parties in this case. All relief not granted
`
`herein is DENIED.
`
`SO ORDERED, ADJUDGED, AND DECREED this ___ day of ______________, 2023.
`
`