Page 1 of 12 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 Zip+4: 77056 State: Texas 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 Lead Attorney Person Organization (choose one) ACCEPTED 14-15-00787-CV FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 10/21/2015 4:28:19 PM CHRISTOPHER PRINE

CLERKPage 2 of 12 City: Houston Zip+4: 77056 State: Texas Telephone: 713-572-4321 ext. Fax: 713-572-4320 Email: b arger@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 Zip+4: 77056 State: Texas Telephone: 713-572-4321 ext. Fax: 713-572-4320 Email: gibson@wrightclose.com SBN: 24069024 Person Organization (choose one)

State: Texas Zip+4: 77010 ext. Telephone: 713-951-6292 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)Page 3 of 12 State: Texas Zip+4: 77007 ext. Telephone: 713-222-3800 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:Page 4 of 12 Yes No No Yes No Yes No Yes No

Yes No Yes 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 No Yes Does this case involve an amount under $100,000?
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 No Yes Agreed? (See TRAP 28.2): If yes, please specify statutory or other basis for such status: No Yes Permissive? (See TRAP 28.3): 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: No ■ Yes V. Perfection Of Appeal And Jurisdiction

VI. Actions Extending Time To Perfect Appeal Motion to Modify Judgment: If yes, date filed: October 13, 2015 Motion for New Trial: If yes, date filed: If yes, date filed: Request for Findings of Fact 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 No Yes If yes, date filed: Date ruling on contest due: Sustained Overruled Date of ruling:Page 5 of 12 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 ext. Telephone: 979-864-1261 Zip + 4: 77515 State: Texas (Note: No request required under TRAP 34.5(a),(b)) Were payment arrangements made with clerk? No Yes 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?

No Yes Indigent No Yes No Yes No Yes Is there a reporter's record?

Were payment arrangements made with the court reporter/court recorder?Page 6 of 12 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 Substitute Official Court Recorder Court Reporter

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 Substitute Official Court Recorder Court ReporterPage 7 of 12 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 Substitute Official Court Recorder Court Reporter

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 Substitute Official Court Recorder Court Reporter

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 NoPage 8 of 12 If no, please specify:Post-trial court-ordered mediation has alread y 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 In j ury Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if kno wn (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? 4 3 Rate the complexity of the case (use 1 for least and 5 for most complex): 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: Email Fax Telephone Address Name If yes, please give name, address, telephone, fax and email address: Yes No 1 2 3 4 5 Yes No Yes No No Yes Yes NoPage 9 of 12 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 Cou n List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.Page 10 of 12 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 B ar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent theappellant 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 upo n a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, an d can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. M ore 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 In ternet 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 Com mittee 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 fact s and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volu nteer 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 committe e 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 foundin 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 kno wn (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 e vidence.
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.: 24032706Page 11 of 12 XVI. Certificate of Service The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties t o 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 Zip+4: 77010 State Texas 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:Page 12 of 12 If Attorney, Representing Party's Name: Email: e-service@arnolditkin.com Zip+4: 77007 State Texas 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.