No. 11-17-00012-CV

IN THE 11th COURT OF APPEALS, EASTLAND, TEXAS

____________________________________________________________________________________

Zoe Saari, Individually and as Representative of the Estate of 

Jeffery Saari, and A/N/F to L.S., Josh Saari and Jayme Saari and 

All Other Potential Wrongful Death Beneficiaries Not Presently 

Named Herein,

Appellants, 

v. 

Key Energy Services, Inc., Key Energy Pressure Pumping 

Services, LLC, Key Energy Services, LLC and Michael Walker 

and Rebecca Hoidahl,

Appellees.

___________________________________________________________________________________

KEY ENERGY SERVICES, INC., KEY ENERGY 

PRESSURE PUMPING SERVICES, LLC, KEY ENERGY 

SERVICES, LLC, AND MICHAEL WALKER’S REPLY 

TO APPELLANTS’ RESPONSE TO APPELLEES’ 

MOTION TO APPOINT GUARDIAN AD LITEM FOR 

MINOR L. S. ___________________________________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

Key Energy Services, Inc., Key Energy Pressure Pumping Services, LLC, Key 

Energy Services, LLC, (“Key Entities”) and Michael Walker, Appellees, file this 

their Reply to Appellants’ Response to Appellees’ Motion for the appointment of a 

ACCEPTED

11-17-00012-cv

ELEVENTH COURT OF APPEALS

EASTLAND, TEXAS

6/20/2017 3:01 PM

SHERRY WILLIAMSON

CLERK

 FILED IN 11th COURT OF APPEALS EASTLAND, TEXAS 6/20/17 3:01:13 PM SHERRY WILLIAMSON Clerk
guardian ad litem to represent the interests of L. S., a minor, as required by Texas 

Rule of Civil Procedure 173.

1. The court is required to appoint a guardian ad litem for a person such as L. S.

when the next friend appears to the court to have an interest adverse to the party. 

TRCP 173.2. (a) (1).

2. The question is not whether the Appellant claims there is no conflict; the 

question is whether it appears to the court that the next friend or guardian has an 

interest adverse to the subject party. TRCP 173.2(a)(1). 

3. If the court finds any suggestion of conflict, it must appoint an ad litem. It is 

the guardian ad litem’s duty to investigate and report to the court whether the ad 

litem believes that the next friend has an interest adverse to the minor. TRCP 173.4 

(b). 

4. Here, an offer of settlement has been made. When such a settlement is 

proposed, the guardian ad litem has the limited duty to determine and advise the 

court concerning the offer, and this power can extend to participating in mediation 

or similar proceeding to attempt to reach a settlement. TRCP 173.4. (c) and (d). 

5. Appellees expressly deny liability. In the unlikely event there is any liability 

on the part of the Appellees in this action and any recovery is allowed by a court 

against the Appellees, it is likely that both Zoe Saari and L. S. will urge they are 

entitled to some form of recovery. Their interests conflict. See Ford Motor Co. v. 
Garcia, 363 S.W. 3d 573 (Tex. 2012). This is not the situation presented in Ford 

Motor Co. v. Stewart, Cox & Hatcher, 390 S.W. 3d 294 (Tex. 2013), (cited by 

Appellants) where the next friend was not seeking any damages on her own account. 

6. The Hatcher case is instructive. In Hatcher, the mother testified that she was 

not involved in the accident, she was not asserting any claims in the lawsuit on her 

own behalf, she was not an heir or representative of the estate of the deceased, she 

had no financial interest in that estate's recovery, and she understood and agreed that 

she had no right to the proceeds of any settlement. Id. at 298. Here, Zoe Saari claims 

damages as a wrongful death beneficiary as well as executor of the decedent’s estate. 

7. Clearly, due to the recoveries sought, the interests of Plaintiff Zoe Saari, in 

her capacity as wife, conflict with the interests of the minor daughter, L.S. 

8. In addition, and critical to the court’s consideration of this case, the minor’s

interest in the outcome on appeal diverges from that of the next friend. If Appellees

prevail, the next friend’s claims (and those of the other adult Appellants) are 

potentially barred by limitations—Appellees will contend that CPRC § 16.064 does 

not toll the adult Appellants’ claims. Because L.S. is a minor, of course, limitations 

are tolled in any event, which would leave the minor as the only potential beneficiary 

of any judgment if the adult Appellants’ claims are barred. In contrast, the next 

friend needs Appellants to prevail to ensure the survival of her claims. Given the 

divergence of the minor’s interest from that of the other Appellants, appointment of 
an ad litem is essential to protecting the minor’s interest, regardless of whether the 

parties reach a settlement agreement.

8. If the dismissal of the County Court at Law case is affirmed, the claims of all 

adult claimants in this case are potentially barred. The claims of the minor, until she 

is emancipated, are tolled. It is possibly in the minor’s best interest to contend the 

adult claims, including Zoe Saari’s, are barred.

9. As competing claimants, it is in the best interest of the minor to have a

guardian ad litem to protect her interests when they are adverse to that of the next 

friend. Appellees ask this Court to appoint a guardian ad litem for the minor L.S., 

to investigate and report to the Court whether a conflict exists, and to take such 

further action as may be necessary to protect the minor’s interests.

Therefore, Key Energy Services, Inc., Key Energy Pressure Pumping 

Services, LLC, Key Energy Services, LLC, (“Key Entities”) and Michael Walker 

request that the court grant this motion and issue an order appointing a guardian ad 

litem to represent the interests of L.S. in this action.

Respectfully submitted,

/s/ Brandy R. Manning 

Brandy R. Manning

State Bar No. 24029703

bmanning@wmafirm.com

Pat Long-Weaver

State Bar No. 12521975

plweaver@wmafirm.com

LONG-WEAVER, MANNING, 
ANTUS & ANTUS LLP

310 W. Wall Street, Ste. 705

Midland, Texas 79701

Phone: 432-242-0470

Fax: 844-287-8884

ATTORNEYS FOR APPELLEES (Key 

Entities)

/s/ Lyle Rathwell

Lyle Rathwell

State Bar Number 16562500

Lyle.Rathwell@steptoe-johnson.com

Jason R. Grill 

State Bar Number 24002185

Jason.Grill@steptoe-johnson.com

STEPTOE & JOHNSON PLLC

10001 Woodloch Forest Dr., Suite 300

The Woodlands, Texas 77380

Phone: (281) 203-5700

Fax: (281) 203-5701 

ATTORNEYS FOR APPELLEE WALKER
CERTIFICATE OF COMPLIANCE

I certify that this Motion complies with the length and typeface requirements 

of the Texas Rules of Appellate Procedure, and that it contains 772 words according 

to Microsoft Word’s word count feature.

/s/ Brandy R. Manning

Brandy R. Manning

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing instrument was served 

on the following via electronic filing on the 20th day of June, 2017:

Kevin B. Miller 

kevin@mblaw.org

LAW OFFICES OF MILLER & BICKLEIN 

455 E. University, Ste. D-5 

Odessa, TX 79762 

Attorney for Plaintiffs and Intervenor, 

Mariah Saari

J. Stephen Dix

Carmenh@dixforman.com

DIX & FORMAN, PC

2606 E. 10th St. 

Tucson, AZ 85716

Attorney for Intervenors

Glen G. Halsell 

Glen.halsell@gmail.com

620 North Grant, Suite 1100 

Odessa, TX 79761 

Attorney for Defendant Rebecca Johnson 

F/N/A Rebecca Hoidahl
R. Layne Rouse

lrouse@shaferfirm.com

SHAFER, DAVIS, O'LEARY & STOKER

P.O. Box Drawer 1552 

Odessa, Texas 79760 

Attorney for Defendants

Leonard and Alta Saari

/s/ Brandy R. Manning

Brandy R. Manning