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Appellate Docket Number: 14-15-00787-CV

Appellate Case Style: Berkel & Company Contractors, Inc. 

Vs. Tyler Lee and Leigh Ann Lee Individually and as Next Friend of Sydney Rose Lee, A Minor

Companion Case No.:

DOCKETING STATEMENT (Civil)

(to be filed in the court of appeals upon perfection of appeal under TRAP 32)

Amended/corrected statement:

Appellate Court:14th Court of Appeals

I. Appellant

Address 2:

Address 1: One Riverway, Suite 2200

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name:

Middle Name:

First Name:

Organization Name: Berkel & Company Contractors, Inc.

Law Firm Name:Wright & Close, LLP

Suffix:

Last Name: Wright

Middle Name: C.

First Name: Thomas

Lead Attorney

City: Houston

State: Texas Zip+4: 77056

Telephone: 713-572-4321 ext.

Fax: 713-572-4321

Email: wright@wrightclose.com

SBN: 22059400

Person Organization (choose one)

I. Appellant

Address 2:

Address 1: One Riverway, Suite 2200

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name:

Middle Name:

First Name:

Law Firm Name:Wright & Close, LLP

Suffix:

Last Name: Barger

Middle Name: Z.

First Name: Jessica 

Person Organization (choose one) Lead Attorney

ACCEPTED

14-15-00787-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

10/21/2015 4:28:19 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 10/21/2015 4:28:19 PM CHRISTOPHER A. PRINE Clerk
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City: Houston

State: Texas Zip+4: 77056

Telephone: 713-572-4321 ext.

Fax: 713-572-4320

Email: barger@wrightclose.com

SBN: 24032706

I. Appellant

Address 2:

Address 1: One Riverway, Suite 2200

 II. Appellant Attorney(s)

Pro Se:

Suffix:

Last Name:

Middle Name:

First Name:

Law Firm Name:Wright & Close, LLP

Suffix:

Last Name: Gibson

Middle Name: A.

First Name: Garrett

Lead Attorney

City: Houston

State: Texas Zip+4: 77056

Telephone: 713-572-4321 ext.

Fax: 713-572-4320

Email: gibson@wrightclose.com

SBN: 24069024

Person Organization (choose one)

State: Texas Zip+4: 77010

Telephone: 713-951-6292 ext.

Fax: 713-951-3720

Email: rpost@beckredden.com

SBN: 00797258

Lead Attorney

First Name: Russell

Middle Name: S.

Last Name: Post

Suffix:

Law Firm Name: Beck Redden LLP

Address 1: One Houston Center

Address 2: 1221 McKinney Street, Suite 4500

City: Houston

 Person Organization (choose one)

Pro Se:

Suffix:

Last Name:

Middle Name:

First Name: Tyler Lee and Leigh Ann Lee, Individually and as 

 III. Appellee IV. Appellee Attorney(s)

Lead Attorney

First Name: Kurt

Middle Name: B.

 Person Organization (choose one)

First Name:

 III. Appellee IV. Appellee Attorney(s)
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State: Texas Zip+4: 77007

Telephone: 713-222-3800 ext.

Fax: 713-222-3850

Email: e-service@arnolditkin.com

SBN: 24036150

Last Name: Arnold

Suffix:

Law Firm Name: Arnold & Itkin, LLP

Address 1: 6009 Memorial Drive

Address 2:

City: Houston

Pro Se:

Suffix:

Last Name:

Middle Name:
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Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance?

Appeal from final judgment:

Judgment or order disposes of all parties and issues: 

Yes No

Yes No

Does this case involve an amount under $100,000? Yes No

Yes No

If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule: Yes No

Agreed? (See TRAP 28.2): Yes No

If yes, please specify statutory or other basis for such status:

Permissive? (See TRAP 28.3): Yes No

Parental Termination or Child Protection? (See TRAP 28.4):

If yes, please specify statutory or other basis on which appeal is accelerated:

Accelerated appeal (See TRAP 28): Yes No

If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Interlocutory appeal of appealable order:

If mailed to the trial court clerk, also give the date mailed:

Date notice of appeal filed in trial court: September 16, 2015

Date order or judgment signed: September 15, 2015

Nature of Case (Subject matter or type of case): Personal Injury

Type of judgment: Jury Trial

If yes, please specify statutory or other basis for such status:

Yes ■ No

V. Perfection Of Appeal And Jurisdiction

VI. Actions Extending Time To Perfect Appeal

Motion to Modify Judgment:

Motion for New Trial: If yes, date filed: October 13, 2015

If yes, date filed:

Request for Findings of Fact If yes, date filed:

and Conclusions of Law:

Motion to Reinstate: If yes, date filed:

If yes, date filed: Motion under TRCP 306a:

Other:

If other, please specify:

VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.)

Affidavit filed in trial court:

Contest filed in trial court:

Ruling on contest:

If yes, date filed:

Yes No

Yes No

If yes, date filed:

Date ruling on contest due:

Sustained Overruled Date of ruling:
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VIII. Bankruptcy

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? Yes No

If yes, please attach a copy of the petition.

Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court And Record

Court: 149th Judicial District Court

Suffix:

Last Name: Holder

Middle Name: Tipton

First Name: Terri

Trial Judge (who tried or disposed of case):

Trial Court Docket Number (Cause No.): 75576-CV

County: Brazoria 

Clerk's Record:

Address 1: 111 E. Locust, Room 214A

Address 2 :

City: Angelton

Email:

Fax: 979-864-1061

Telephone: 979-864-1261 ext.

State: Texas Zip + 4: 77515

(Note: No request required under TRAP 34.5(a),(b))

Were payment arrangements made with clerk?

Yes No Indigent

If no, date it will be requested:

If yes, date requested: September 17, 2015

Trial Court Clerk: District County

Was clerk's record requested? Yes No

Reporter's or Recorder's Record:

If yes, date requested: September 18, 2015

If no, date it will be requested:

Was there a reporter's record electronically recorded?

Was reporter's record requested?

 Yes No Indigent

Yes No

Yes No

Yes No

Is there a reporter's record?

Were payment arrangements made with the court reporter/court recorder?
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Email:

Fax: 979-864-1061

Telephone: 979-864-1261 ext.

State: Texas Zip + 4: 77515

City: Angelton

Address 2:

Address 1: 111 E. Locust, Room 241A

Suffix:

Last Name: Rios

Middle Name:

First Name: Robin

Official Substitute

Court Reporter Court Recorder

Email: Jill@brazoria-county.com

Fax:

Telephone: ext.

State: Texas Zip + 4: 77515

City: Angelton

Address 2:

Address 1: 111 E. Locust, Room 201

Suffix:

Last Name: Friedrichs

Middle Name:

First Name: Jill 

Official Substitute

Court Reporter Court Recorder
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Email: minniec@brazoria-county.com

Fax:

Telephone: ext.

State: Texas Zip + 4: 77515

City: Angelton

Address 2:

Address 1: 111 E. Locust, Room 312A

Suffix:

Last Name: Cadena

Middle Name:

First Name: Minnie 

Official Substitute

Court Reporter Court Recorder

Email: tamraparks@gmail.com

Fax:

Telephone: 832-217-0639 ext.

State: Texas Zip + 4: 77059

City: Houston

Address 2: 13414 Travis Heights

Address 1: Parks Reporting Service

Suffix:

Last Name: Parks

Middle Name:

First Name: Tamra

Official Substitute

Court Reporter Court Recorder

X. Supersedeas Bond

Supersedeas bond filed: 

Will file:

If yes, date filed: September 30, 2015

Yes No

Yes No

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court?

If yes, briefly state the basis for your request:

Yes No

XI. Extraordinary Relief

Should this appeal be referred to mediation?

XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, 11th, 12th, 13th, 

or 14th Court of Appeal)

Yes No
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If no, please specify:Post-trial court-ordered mediation has already been attempted.

Has the case been through an ADR procedure?

If yes, who was the mediator? Judge Kim Parrott

What type of ADR procedure? Mediation

At what stage did the case go through ADR?

If other, please specify:

Type of case? Personal Injury 

Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without 

prejudice to the right to raise additional issues or request additional relief):

Workers' Compensation bar, election of remedies, intentional injury exception

How was the case disposed of? Trial

Summary of relief granted, including amount of money judgment, and if any, damages awarded. Money Judgment

Actual damages: $35,443,006.00 

Punitive (or similar) damages: $8,500,000.00 

Attorney's fees (trial): $0.00 

If money judgment, what was the amount?

Attorney's fees (appellate): $0.00 

Other:

If other, please specify:

Yes No

Pre-Trial Post-Trial Other

Will you challenge this Court's jurisdiction?

Does judgment have a Mother Hubbard clause?

Does judgment have language that one or more parties "take nothing"?

Other basis for finality?

Rate the complexity of the case (use 1 for least and 5 for most complex): 3 4

Please make my answer to the preceding questions known to other parties in this case.

Can the parties agree on an appellate mediator?

Name of person filing out mediation section of docketing statement: Garrett A. Gibson

Languages other than English in which the mediator should be proficient:

Name Address Telephone Fax Email

If yes, please give name, address, telephone, fax and email address:

 Yes No

1 2 3 4 5

Yes No

Yes No

Yes No

Yes No
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XIII. Related Matters

Berkel & Company Contractors, Inc. Vs.

Style: Maxim Crane Works, LP

Docket Number: 14-15-00614 Trial Court: 149th District Court of Brazoria Coun

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.
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XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts of Appeals)

The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar 

Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in 

the appeal before this Court. 

 

The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of 

discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched 

with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information 

regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at 

www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within 

thirty (30) to forty-five (45) days after submitting this Docketing Statement. 

Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select 

your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you 

in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and 

information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate 

attorneys. 

Do you want this case to be considered for inclusion in the Pro Bono Program? 

 

Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have 

regarding the appeal? 

 

Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for 

the purposes of considering the case for inclusion in the Pro Bono Program. 

 

If you have not previously filed an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of 

the U.S. Department of Health and Human Services Federal Poverty Guidelines? 

 

These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml. 

 

Are you willing to disclose your financial circumstances to the Pro Bono Committee? 

If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's 

Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of 

an affidavit under oath as to your financial circumstances. 

 

Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without 

prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary). 

 Workers' Comp bar, exclusive remedies defense, intentional injury exception, gross negligence; de novo and sufficiency of the evidence.

XV. Signature

Signature of counsel (or pro se party) Date: October 21, 2015

Yes No

Yes No

Yes No

Yes No

Electronic Signature: /s/ Jessica Z. Barger

(Optional)

Printed Name: Jessica Z. Barger State Bar No.: 24032706
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XVI. Certificate of Service

The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial 

court's order or judgment as follows on . 

Person Served

Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must 

state:

 (1) the date and manner of service; 

 (2) the name and address of each person served, and 

 (3) if the person served is a party's attorney, the name of the party represented by that attorney 

October 21, 2015

State Bar No.: 24032706

Signature of counsel (or pro se party) Electronic Signature: /s/ Jessica Z. Barger

(Optional)

If Attorney, Representing Party's Name:

Email: rpost@beckredden.com

State Texas Zip+4: 77010

City: Houston

Address 2: 1221 McKinney Street, Suite 4500

Address 1: One Houston Center

Law Firm Name:Beck Redden LLP

Suffix:

Last Name: Post

Middle Name:

First Name: Russell

Manner Served: eServed

Date Served: October 21, 2015

Please enter the following for each person served:

Fax: 713-951-3720

Telephone: 713-951-6292 ext.

Please enter the following for each person served:
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If Attorney, Representing Party's Name:

Email: e-service@arnolditkin.com

State Texas Zip+4: 77007

City: Houston

Address 2:

Address 1: 6009 Memorial Drive

Law Firm Name:Arnold & Itkin, LLP

Suffix:

Last Name: Arnold

Middle Name: B.

First Name: Kurt 

Manner Served: eServed

Date Served: October 21, 2015

Fax: 713-222-3850

Telephone: 713-222-3800 ext.