CAUSE NO. 2009V-224 COLLEEN MIDDLETON AND BOBBY R}\Y MIDDLETON, INDIVID UALLY AND AS REPRESENTATIVES OF THE ESTATE OF ROBERT MIDDLETON FOR AND ON BEHALF OF ALL THOSE ENTITLED TO RECOVER FOR HIS DEATH UNDER THE TEXAS \vtr.ongful DEATH AND SURVIVAL ACTS V. Plaintiffs DON WILBURN COLLINS a/k/a DONALD WILBURN COLLINS Defendant IN THE DISTRICT COURT 155THJUDICIAL DISTRICT FAYETIECOUNTY, TEX.AS FINAL JUDGMENT BE IT REMEMBERED, that on December 20, 2011, came on to be heard the above-entitled and numbered cause, and Colleen Middleton and Bobby Ray Middleton, Individually and as Representatives of the Estate of Robert Middleton, Deceased for and on behalf of all those entitled to recover for his death under the Texas Wrongful Death and Survival Acts, Plaintiffs, appeared in person and by and through their attorneys of record and announced ready for trial, and a jury having been previously demanded, a jury of twelve good and lawful men and women, who being duly empanelled and sworn, and after hearing the opening statements, the evidence, the Charge of the Court and the arguments of counsel, returned their verdict to the Court on the 20th of December 2011, and no objection being made as to the receipt of the verdict, and no further request being made of the jury, the verdict was received by the Court and filed among the papers of this cause and the jury was discharged.
The Court granted Plaintiffs' Motion for Partial Summary Judgment on Liability on September 28, 2011 for the Causes of Action of False Imprisonment, Assault-Infliction of Emotional Distress, Intentional Infliction of Emotional Distress, Negligence Per Se- Assault under the Texas Penal Code 22.01, Negligence Per Se-Aggravated Assault under the Texas Penal Code 22.02, Negligence Per Se-Aggravated Sexual Assault under the Texas Penal Code 22.011, Negligence Per Se-Injury to a Child under Texas Penal Code 22.04, and Negligence Per Se-Deadly Conduct under Texas Penal Code 22.05, the jury found as follows: QUESTION NO.1 What sum of money would have fairly and reasonably compensated Robert Middleton fora. Pain and mental anguish "Pain and mental anguish" means the conscious physical pain and emotional pain, torment, and suffering experienced by Robert Middleton before his death as a result of the occurrence in question. Answer in dollars and cents for damages, if any. Answer.: $250 million
QUESTION NO.2 What sum of money, if paid now in cash, would fairly and reasonably compensate Colleen Middleton for her damages, if any, resulting from the death of Robert Middleton? Consider the elements of damages listed below and none other. Consider each element separately. Do not include damages for one element in any other element. Do not include interest on any amount of damages you find. In determining damages for elements (a) and (b), you may consider the individual relationships between Colleen Middleton and Robert Middleton, their living arrangements, any extended absences from one another, the harmony of their family relations, and their common interests and activities. You are reminded that elements (a) and (b), like the other elements of damages, are separate, and, in awarding damages for one element, you should not include damages for the other. Element a. Loss of companionship and society. "Loss of companionship and society" means the loss of the positive benefits flowing from the love, comfort, companionship, and society that Colleen Middleton would, in reasonable probability, have received from Robert Middleton had he lived. thata. Colleen Middleton were sustained in the past; $10 million be sustained in the future. $10 million Element b. Mental anguish "Mental anguish" means the emotional pain, torment and suffering experienced by Colleen Middleton because of the death of Robert Middleton. that. a. Colleen Middleton were sustained in the past; be sustained in the future.
QUESTION NO.3 What sum of money, if paid now in cash, would Elirly and reasonably compensate Bobby Ray Middleton for his damages, if any, resulting from the death of Robert :Middleton? Consider the elements of damages listed below and none other. Consider each element separately. Do not include damages for one element in any other element. Do not include interest on any amount of damages you find. In determining damages for elements (a) and (b), you may consider the individual relationships between Bobby Ray Middleton and Robert Middleton, their living arrangements, any extended absences from one another, the harmony of their family relations, and their common interests and activities. You are reminded that elements (a) and (b), like the other elements of damages, are separate, and, in awarding damages for one element, you should not include damages for the other. Element a. Loss of companionship and society. "Loss of companionship and society" means the loss of the positive benefits flowing from the love, comfort, companionship, and society that Bobby Ray Middleton would, in reasonable probability, have received from Robert Middleton had he lived. thata. Bobby Ray Middleton were sustained in the past; be sustained in the future. $10 million $10 million Element b. Mental anguish "Mental anguish" means the emotional pain, torment and suffering experienced by Bobby Ray Middleton because of the death of Robert Middleton. that. a. Bobby Ray Middleton were sustained in the past; be sustained in the future.
QUESTION NO.4 You are instructed that you must unanimously agree on the amount of any award of exemplary damages. What sum of money, if any should be assessed against Don Wilburn Collins and awarded to Colleen Middleton and Bobby Ray Middleton, Individually and as Representatives of the Estate of Robert Middleton, Deceased as exemplary damages for the conduct of Don Wilburn Collins. "Exemplary damages" means any damages awarded as a penalty or by way of punishment. Exemplary damages include punitive damages. In determining the amount of exemplary damages you shall consider evidence, if any, relating toa. The nature of the wrong. b. The character of the conduct involved. c. The degree of culpability of the wrongdoer. d. The situation and sensibilities of the parties concerned. e. The extent to which such conduct offends a public sense of justice and propriety. f. The net worth of Don Wilburn Collins. Answer in dollars and cents, if any. $150 billion
It is further ORDERED, ADJUDGED AND DECREED that all relief not expressly granted herein is denied. SIGNED this 20th day of December 2011.
STATE OF TEXAS COUNTY OF FAYETTE I, Virginia Wied, District Clerk of Fayette County, Texas do hereby certify that the foregoing is a true and correct copy 01 the original reco ~ J).ow in my lawlu custody and possession, as appears 01 record in File Number...vD't V-~~ in my office. Witness my olli ~ ia~ hand and seal 01 filice, this 01 Dtc.tftt~, 20 ;loth day VIRGINIA WIED, DISTRICT CLERK Fayette County, Texas.. :.......~'::'. By ~ ' 7'-~:s,-":, =--=="""",-,.c. Deputy