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Case 2:09-cv-00047-TJW Document 215 Filed 03/31/10 Page 1 of 5 PageID #: 2155

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION




ADRIANA CASTILLO SANCHEZ,
INDIVIDUALLY AND ON BEHALF OF
THE ESTATE OF RAUL ARGOTE
ROBLES, DECEASED AND AS NEXT
FRIEND OF RAUL ARGOTE, A MINOR;
RAUL ARGOTE DEANDA; VIRGINIA
CATALINA ROBLES PALMA,


Plaintiffs,


v.

COMMERICAL TRANSPORTATION,
INC., MATTHEW SIPERLY,
COMMERCIAL LUMBER SALES, INC.,


Defendants.











CASE NO. 2:09-CV-47-TJW

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FINAL JUDGMENT

The parties in this case selected a jury on February 1, 2010. The trial commenced on

Wednesday, February 17, 2007, and the jury reached its verdict on Monday, February 22, 2010.

In accordance with the jury’s verdict, the Court renders the following judgment in favor of the

Plaintiffs.



The Court finds, consistent with the jury’s verdict, that the following individuals were a

proximate cause of the death in question in the following percentages of responsibility

attributable to each: (a) Paul Argote Robles, 5%; (b) Matthew Siperly, 35%; (c) Commercial

Transportation, Inc., 35%; and (d) Commercial Lumber Sales, Inc., 25%.

The Court finds, subject to the actual award being reduced and consistent with the jury’s

verdict, that Adrianna Castillo Sanchez is entitled to damages for pecuniary loss sustained in

the past of $50,000.00; pecuniary loss that, in reasonable probability, she will sustain in the

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future of $800,000.00; loss of companionship and society sustained in the past of $10,000.00;

zero dollars for loss of companionship and society that, in reasonable probability, she will sustain

in the future; mental anguish sustained in the past of $100,000.00; and mental anguish that, in

reasonable probability, she will sustain in the future of $100,000.00.

The Court finds, subject to the actual award being reduced and consistent with the jury’s

verdict, that Raul Argote Jr. is entitled to damages for pecuniary loss sustained in the past of

$25,000.00; pecuniary loss that, in reasonable probability, he will sustain in the future of

$600,000.00; loss of companionship and society sustained in the past of $10,000.00; loss of

companionship and society that, in reasonable probability, he will sustain in the future of

$160,000.00; mental anguish sustained in the past of $25,000.00; and mental anguish that, in

reasonable probability, he will sustain in the future of $175,000.00.

The Court finds, subject to the actual award being reduced and consistent with the jury’s

verdict, that Raul Argote Deanda is entitled to damages for loss of companionship and society

sustained in the past of $10,000.00; loss of companionship and society that, in reasonable

probability, he will sustain in the future of $5,000; mental anguish sustained in the past of

$10,000.00; and mental anguish that, in reasonable probability, he will sustain in the future of

$5,000.00.

The Court finds, subject to the actual award being reduced and consistent with the jury’s

verdict, that Virgilia Catalina Robles Palma is entitled to zero dollars in damages for pecuniary

loss sustained in the past; pecuniary loss that, in reasonable probability, she will sustain in the

future of $5,000.00; zero dollars for loss of companionship and society sustained in the past; zero

dollars for loss of companionship and society that, in reasonable probability, she will sustain in

the future; mental anguish sustained in the past of $10,000.00; and mental anguish that, in

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reasonable probability, she will sustain in the future of $5,000.00.

The Court finds that, consistent with the jury’s verdict, that the Estate of Raul Argote

Robles is entitled to zero dollars in damages for any mental anguish suffered by Raul Argote

Robles before his death as a result of the occurrence in question.

The Court finds that the Plaintiffs’ recovery must be reduced by the amount of negligence

which proximately caused the death of Raul Argote Robles found by the jury to have been

attributable to Raul Argote Robles. See TEX. CIV. PRAC. & REM. CODE § 33.012. The Court

finds that the damages award found by the jury of One Million, Sixty Thousand Dollars

($1,060,000) for Adrianna Castillo Sanchez shall be reduced by five percent to an award of

recoverable damages in the amount of One Million, Seven Dollars ($1,007,000). The Court

finds that the damages award found by the jury of Nine Hundred, Ninety Five Thousand Dollars

($995,000) for Raul Argote Jr. shall be reduced by five percent to an award of recoverable

damages in the amount of Nine Hundred, Forty Five Thousand, Two Hundred Fifty Dollars

($945,250). The Court finds that the damages award found by the jury of Thirty Thousand

Dollars ($30,000) for Raul Argote Deanda shall be reduced by five percent to an award of

recoverable damages in the amount of Twenty Eight Thousand, Five Hundred Dollars ($28,500).

The Court finds that the damages award found by the jury of Twenty Thousand Dollars

($20,000) for Virgilia Catalina Robles Palma shall be reduced by five percent to an award of

recoverable damages in the amount of Nineteen Thousand Dollars ($19,000). Thus, the total

damages that this Court awards to the Plaintiffs are One Million, Nine Hundred Ninety Nine

Thousand, Seven Hundred Fifty Dollars ($1,999,750).

The Court awards an additional One Thousand, One Hundred Thirty Four Dollars

($1,134) in pre-judgment interest from the date of this lawsuit, February 9, 2009, to the day

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preceding this judgment. In calculating the pre-judgment interest, the Court notes that under

Texas law pre-judgment interest is not recoverable on future damages and the prejudgment

interest rate should be equal to the post-judgment interest rate applicable at the time of judgment.

See TEX. FIN. CODE ANN. §§ 304.102, 304.103, and 304.1045. The post-judgment interest rate

should be computed from the date of this judgment and shall bear interest at the lawful federal

rate, which is currently 0.42% per annum, the weekly average 1-year constant maturity Treasury

Yield. See 28 U.S.C. § 1961(a). The Plaintiffs are the prevailing party in this litigation and the

Court awards costs to the Plaintiffs as the prevailing party.

The Court finds that the parties have stipulated that Matthew Siperly was in the course

and scope of his employment with Commercial Transportation, Inc. and therefore Commercial

Transportation, Inc. is legally responsible for the portion of the judgment against Matthew

Siperly. The Court finds that because the percentage of responsibility attributed to Defendant

Commercial Transportation, Inc. is greater than 50 percent, considering the 35% attributable to

Defendant Siperly and 35% attributable to Defendant Commercial Transportation, Inc.,

Defendant Commercial Transportation, Inc. is jointly and severally liable for all of the damages

awarded to Plaintiffs. See TEX. CIV. PRAC. & REM. CODE § 33.013. The Defendants are to pay

such damages, pre-judgment interest, post-judgment interest, and costs in accordance with the

above findings and awards, with Defendant Commercial Transportation, Inc. being jointly and

severally liable to the Plaintiffs for all such damages, interest, and costs, Defendant Commercial

Lumber Sales, Inc. being liable for 26.3% of such damages, interest, and costs, and Defendant

Siperly being liable for 36.8% of such damages, interest, and costs.

All relief not expressly granted is DENIED. This is the FINAL JUDGMENT. All

pending motions are DENIED as moot.

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IT IS SO ORDERED.

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