9/ tp/ :)_ ~~------j---+-tQ~~Tf'.w MpioD~ V ,$ • ~~~ trC1it~ ---- -·---- ---~- --- - ----- ----- - - - - C) V ~ - , . ; :C-t---==,=,-:------~,-------,----;--~,rn---t-,--(j:------: ±i:::i tD of.3 . . • O.b-2~- 00039 -Tra._{e,'{Thmps.1)n vs. Mar+qn GoJncs '

-----+-t-U-L4-2---fd-4c~~-----/-~'~A-- ., 2- . lee~><ier _--,.-~ - - - \ - ~o-f .3 ., ••

~ ( e, ..J ·~r. -d'} (AC<;;'.~ r~-CJ{'JZ ~ q -tit<-~ pria r:S, .... .. - -----

I - nrd. ' - ----

- --·· .. -- - ~ I I"' -irri\ ~J • Cl f) 1<.hr~ ,J.... I' ,n ,{+ ,,,. tll.. r

' 0 I w,..,.,,,. .,,., ' / ~ 'To r f\l 1 __ re.12oc./-R. r Al.s.;.., d ' . t-,,, ~n1Al&+ -, I ...--.,.,• ( ,,,,.,,,...,v I l . - A ,.('..

- - - . ,~ . ,,,.-I- • ~ ( .J.- ' f "'. ' -A "'" "' I 'f :t.4:::. -·

----·- --·- ~

-- ·----

' ··--·---- -- -

---- ---· - ---

- 0.---"- "r'· - ·------ -·

-~ " - -- - --- ---- - ------ .. - ---··-·-~-

.

1 REPORTER'S RECORD VOLUME 2 OF 2 2 TRIAL COURT CAUSE NO. DC-19-09781 ( couRT oF APPEALS CAUSE No. os-22-~RBa~~g~NAPPEALs 3 DALLAS, TEXAS 05/06/22 11 :09:01 PM LISA MATZ Clerk TRACEY B. THOMPSON, IN THE DISTRICT COURT 7 Plaintiff, vs. DALLAS COUNTY, TEXAS MARTIN F. GAINES, 10 Defendant. 101ST DISTRICT COURT

13 DEFENDANT'S NO EVIDENCE MOTION FOR SUMMARY JUDGMENT 14 which was heard on 15 Wednesday, January 5, 2022

19 On the 5th of January, 2022, the following proceedings came on to be heard in the above-entitled and numbered cause before the Honorable STACI WILLIAMS, Judge Presiding, held in Dallas, Dallas County, Texas.

23 Proceedings reported by machine shorthand utilizing ~ computer-assisted realtime transcription. Proceedings' had via Zoom videoconference.

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court

1 APPEARANCES:

3 KEISHA CRANE Texas State Bar No. 24100288 Stewart Law Group One Arts Plaza 1722 Routh Street, Suite 745 Dallas, Texas 75201 (469) 607-2300 COUNSEL FOR DEFENDANT B TRACEY THOMPSON Pro Se, Plaintiff [email protected]

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court

1 DEFENDANT'S NO EVIDENCE MOTION FOR SUMMARY JUDGMENT 2 INDEX

5 Wednesday, January 5, 2022 Page Vol Caption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Proceedings on the record .................. 4 2 Court Reporter's Certificate ............... 13 2 *REPORTER'S NOTE: NO EXHIBITS MARKED/ADMITTED*

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court

1 DEFENDANT'S NO EVIDENCE MOTION FOR SUMMARY JUDGMENT 2 INDEX

5 Wednesday, January 5, 2022 Page Vol Caption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Proceedings on the record .................. 4 2 Court Reporter's Certificate ............... 13 2 *REPORTER'S NOTE: NO EXHIBITS MARKED/ADMITTED*

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court

1 P R O C E E D I N G S 2 THE COURT: This is Cause No. DC-19-09781, Tracey Thompson vs. Martin Gaines. Would you announce your appearances for the record beginning with the rnovant?

6 MS. CRANE: Keisha Crane for the Defendant.

7 THE COURT: Ms. Thompson, this is where you make your announcement.

9 MS. THOMPSON: Tracey Thompson. I'm the Plaintiff.

11 THE COURT: And we're here today on Defendant's No Evidence Motion for Summary Judgment.

13 Prior to going on the record today, there was a discussion whether Plaintiff had been served a copy of Defendant's No Evidence Motion for Summary Judgment.

16 This Motion for Summary Judgment was filed on 3/29/2021, and according to the certificate of service it was also sent via e-mail. Prior to going on the record today, the Plaintiff did acknowledge receipt of this four page or three-page Motion for Summary Judgment; is that correct, Ms. Thompson?

22 MS. THOMPSON: I did get it in October. I have to look back at the date. I did see the motion for judgment, and I asked for time from them because I was sick and wasn't able to use my fingers. I'm still not

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court

1 STATE OF TEXAS COUNTY OF DALLAS

5 I, Terri Etekochay, Official Reporter in and for the 101st District Court of Dallas County, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested orally by counsel for the parties to be included in this volume of the Reporter's Record in the above-styled and numbered cause, all of which occurred in open court and were reported by me. 14 I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if any, offered by the respective parties.

18 WITNESS MY HAND this 6th day of May, 2022.

ls/Terri Etekochay Terri Etekochay, Texas CSR #8283 21 Certificate Expires: 1-31-2023 Email: [email protected] 22 Official Reporter, 101st District Court George Allen Sr. Courts Building 23 600 Commerce Street, 6th Floor Dallas, Texas 75202-4631

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court

1 able to use them. I burned them a long time ago, but 2 they still have not healed. They didn't answer, so I . .

3 said is there anything else spec.ificall1 I need to do .

4 regarding' the summary. She just sent it to me again.

5 She just sent it twice. :;J; I,) 8J2,,r~~d-: V I - r 6., THE COURT: All right. Do you know what this - 7 motion is about, Ms. Thompson? :::CN{DY~ OJ MS. THOMPS~s. I don't know what it's 10 -- about. I just ~f.J t what -- what it's all about. e d"efinition, and I know-· the -- I know the codes. I - 11 understand the codes that she's saying is the evidence, 12 but I wanted to know what is it exactly specifically ---- Cl!-, that -- what is the no evidence about, you know what I'm ' 14 saying? What is it all about? They have their records. ,( 15 What is it specifically that they're asking me? TN Cor,w - - - - - - .. - - ---- ---~- 16 THE COURT: Okay. Well, they didn't have an 17 obligation to respond to you in District Court. . You 18 file, like all motions or objections or all concerns, 19 with the Court. According to Texas Rules of Civil ' 20 P r o c e d u ~ were supposed to file a response. A 7 _21 r ~~C.O p nse was i,.e.vj, ..L ot filed.

Lo rr....-cfi- You did not seek a continuance '-----" ' (~b of the Court, so we're going to proceed today with the 23 hearing.

24 Ms. Crane, you may proceed.

25 MS. CRANE: Your Honor, I just -- I think this '

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court

eI} is kind of -- it may be really simple. I really don't have much today.

3 Plaintiff filed a lawsuit on July 12th, 2019, asserting a negligence claim against Defendant, Mr. Gaines, for alleged damages sustained in a motor 6' vehicle collision that occurred on September 5th, 2018.

7 sbf:,~ciru-cl-Since filing her petition, Plaintiff has ~"11VT S<\v--ffiµ :Ji>JClir~ '-"-t'not propOOnded any discovery requests, and she also . . ~ N C: o rre'.c.;f- • hasn't sought my cTient's deposition. So we're convinced that, you know, this case has been ongoing for 11 ' almost two and-a-half years now, so we're convinced that 12 at this point Plaintiff doesn't have any evidence to prove that my client.' s ~egligence l_r~ximately caused her ~ alleged injuries.Udvf \l;e.~J~ ~ CIZ) 15 .~~~d~ I ~ - if you want me to go more Sc-.:{~ l('}N\ • . , 16 sp~cifiC, we Id saJ she doesn It'· have.' a·ny eviden~e to show 17 that Mr. Gaines owed her a duty, that he breached that 18 duty 'and that his breach of that duty proximately caused :r'/\:/ to r"'-C;f · She filed an amended petition where she

5e.e. fQjcs ~ /DJ ii- r.,a:30.rcv 11.9 o..=c\.m~ni dJ< Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court

1 to dismiss all Plaintiff's claims with prejudice against _,.,,--Defendant Gaines. J-0k d..tJ.J-fllVD4',J wJvi 'Tu co~r~ -1,k s-e..cc,THECOU~T: " ri a f'r.""-~11 All rig t. l? «~ q bc:5\iT Ms. Thompson, your , response?

5 MS. THOMPSON: ,Okay. •-My_ ~onse is all claims are valid. I dict~fe~formation -- my

9 were sent to me were sent to me from another person.

10 Originally, it was not sent to me. I didn't receive it. ' I burned my hands then. So when I did send the deposition, I ~~ l'.i:C?i~ions, ther~ w!e~_hink about 15 pages', and ·they ~ -7 wee ~~mfAOre~ Cuse me, t were all irielevant~to the case. They asked me about my C • medical records, and they've asked me something about things that were irrelevant.

17 I answered what was relevant and what was irrelevant. I gave them the i~formation. Number one, number two, number three didn't apply to my punitive damages. This is my property damages. My car was in _ the accident. He caused my accident, and we had a ' witness that stated what he did on . ' the freeway There C • -r-1'1(.ct'~::.L_ was witnesses, and he denied it antt"""Yney dld~l pay it.

24 He decided to deny he did this to me. He did this to me, and I didn't have a problem with him -- with them

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court

1 paying for my medical, and s still ongoing.

2 And so the accident was my car -- the problem is the reason ~hey didn't _wantl9-ia~~_0 . Stone is the person ;»a_:: I wen; tQ CJ1tft With. I ( 5 didn't know~as suppos~~,¼l\~ranc~ cornp:0 so I had to go back~sue the person that wrecked my ~xi-car.~ ~ h&e/?J./a. to takES r(i3, ODO or noth~ I had a classic c a r , ~ t i 9 f ' 0 J ' ~ d n ' t want to p~for tvnh'7?, -~h -~ ui y--~ +fl/CA rnd:-- rental car, nd so I kept my rental car and my wife's 10 van. The $3,000 -- he offered me $3,000, and I said no, 11 my car's a classic. ' -12 ~I 13 external ap~raisal. I got my own ex~ernal appraisal 14 because he didn't h?ve the corre~t amount for my car. · _:i=q..i CO rr~_;c 1 He didn't go by a computer man or call someone and ask ' 16 what would they give for a 1987 considering my car was 17 old, and it only had 99,000 miles on it.

18 Ninety-nine-hundred-thousand miles on a 1987. It's a classic, and I had a lot of things done to -- added to the car_ to preserve i t l Ci 1\-1'.",:;: d. ~-la ~L\~<-2- L.6-rrc.. d-- So then he said aka~ if you c~ange your mind about the $3,000, and he continued to harass me about it. So I just decided to go ahead and file charges for.not reimbursing me for the rental I purchased. I rented the car for four or five months, ' Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court

)and he o n l ~ e a portion of the rental and gave me 2 a low budget of my car. That's not the correct amount 3 and other stuff. So I decided ok9y, thiS is something I 4 - needed to do.

TN U>rrcv\:- - So he sent deposition papers~king _J \ questions that were irrelev~t- . and I gave those. -:P.,COr~ . .

We got involved in the medical part . g;i:;:,, _L /v(;Or,-,vt;- I repeat---:-- He·wanted 92 " 8 of my case of the questions. I didn't an~we-:..come of :'.=:.Wco~~ , Jthose because I didn't want to£o get medical records LMC/2 rr<"0l ~ all over again when I 1 didn 1 t need to do that, so there . . . _µJ lD r,-.e.-c(-- was a few more questions r- don't have that were ' ' 12 irrelevant. He's upset with me bec~use my classic car, • 13 I got my external outside appraisal. • THE COURT: Okay. Thank you . Ms. Crane, . . .

15 anything you want to add?

16 MS. CRANE: Yes, Your Honor. I do want to <

17 kind of clarify some things. I believe what <

18 Ms. Thompson's is referring to as depos~tion i~ that we 19 sent her, you know, the standar-d Request for 20 Disclosures, a n d s ~ respond to that, and then we ~~r G _sent her a for Admissions.

what she's referring to, but she is alleging -- I mean, So I think that Is

23 in her netition she is alleging medical --~a~ag~s. She is 24 _alleging 25 MS. THOMPSON: No, no, no -- go ahead. I'm

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court

1 sorry. ~NC.Ofn>?..c;:/-: MS. CRANE: She is alleging property damage, mental anguish and things like that, but we have no -- .r('J u,~+ . .. so -- and she does ment1on~1n hJ.: petition, and in this request, about an esn~e''fc;}~\,he property damages, but ~ IV UJrrv:T' there's been no documentation received that supports any of those damages, but that r-rrc0 r- -+ WOb1ct only be · that documentation would ~~~j'tcf!h~ da~:ges- cle~ent. It . ' ~ . . doesn '__ t---go to any of tfi"}1fb1I1ty elements such as · ~ rvco~-+ · as the duty and the breach of ' t ~ t duty. There's been no evidence of any of that that we believe Plaintiff can produce at this time.

13 THE COURT: All right. I don't see any proposed orders. So 15 MS. CRANE: Those 16 THE COURT: Go ahead.

17 MS. CRANE: We just filed that this morning.

18 I noticed that there wasn't a proposed order, so we got that filed this morning so it probably hasn't circulated.

21 THE COURT: It'll take two or three days. So if you can also e-mail it to the Court at [email protected]. In the subject matter line, whoever's sending it has to put follow-up from hearing.

25 Ms. Thompson, to save you any wear and

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court 9't" q s e._ +-e.r ,'k- i th r o r-f--curt- ( tvu-y I,' ('lfe.., c1',Gk<l IS ,;clJo.,c,e-u.~e_i j 1 tear, I'm sure you just want me to strike through the 2 Defendant's and say denied, so we'll get the -- 3 MS THOMPSON: But I have a quick question. :f::N C,{) r~, f One more question for her. - ~ ~ - - · --- When she -~she came in the -- on the end beca11$e there's a second -- she's ~king at the first one. I ha~----::- g j = " ~ ~ - - -:t:.f\J CO r ~ . regarding the mental anguish and all of that. That's , -r11J r'n r ~ what I made a mistake on-Oecause I know this is property 9 damage only, and I had to make a slight change in the -:n,,c <D l"'r<?,csr- amendment so, therefore, she had the second one. There 11 was a second one sent to them, and it's only regarding 12 my property damage. ~"fLl) rA \.___---"" MS. CRA~ I d}':9d9 s~e one filed, the second 14 amended petition. LC) KT\ £Li 15 MS. THOMIW V5 ~s~ not much different.

EB - I just rewrote it and got that out.

17 MS. CRANE: Okay.

18 MS. THOMPSON: Maybe you came in at t~e, end anct ~:Lh'{:1>n~dy the file. c "'r r"t,C'::,J- ~•_Si_DI!ly about property damage and mental anguish. I've already got that stuff ~ done. It's nothing about medical. But when you say all !

22 the rnentai anguish when I'm~wrecked and injured, yes, 23 it's going to have an ~tional impact on me, but i 's -X-!VCU~e, ~(p,-r- .

24 really mostly about the rental. It's about my renal '~1'1c-c./\ and the reimbursement for my rental and the damageS that

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court •

1 he underbid at $ ~ , 5 0 when it's valued at $7,600. I'm LW.vvr- . --- G not going ""lo get tna < back. I've already suffered that part ------- .. .

4 So my questig:§L_is to pay fo~ the property __J._ N c. oy ~ .

5 damage that was damaged when he was already doing fine

~-- before he wrecked my car. I didn't want the 3,000.

s aid $7,600 would be ':ore ~,000 or 9,000. Me~tal · I

anguish, w h a t ~ ~ u l ~ i s poi~~'m sic~·~ ~een sick for a -~ong~tirne. ~- - - - I'm getting better, and I only ---------- ~N c.o n,--oe::-='\° have· the strength for what I needed. It's only about my ~-~ property damag~ from the t;eginning. When we start to .

14!Coh - Se!).d that, I'm to add in ever thin e start ' ' \t 13 to the -~--- finish._ -- That'.s__exactl'l--\fila.L--I---did._.If__ has a lot ---------- 14 to do with your effiOtions and with how you feel. (rt has -ir-"7~----- -- -- ,"'1«-V a lot to do with that, but it also has to do with my ' - property that I no longer have anymore, and it~' s a 17 classic that I would like to have and I don't have it.

18 He caused it. I didn't cause it. He did.

19 THE COURT: All right. Thank you very much. • 20 Y'all have a great day, great afternoon. Please stay _safe and healthy, and I hope your hands continue to ( 22 heal.

23 (End of proceedings.)

24 * * * * *

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court

1 STATE OF TEXAS COUNTY OF DALLAS 4 I, Terri Etekochay, Official Court Reporter in and for the 101st District Court of Dallas County, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested orally by counsel for the parties to be included in this volume of the Reporter's Record in the above-styled and numbered cause, all of which occurred in open court and were reported by me. -=r::i (Of~ 13 I further certi~ that this Reporter's Record of the proceedinas . truly and correctly reflects the

' exhibits, if any, offered by the respective ~ s .

16 I further certify that the total cost for this Reporter's Record is $00.00 as Plaintiff was deemed indigent. °Ef( a0:.,u_V'o}-e., R-e_pvrT 20 WITNESS MY HAND this 6th day of May, 2022.

21 ls/Terri Etekochay 22 Terri Etekochay, Texas CSR #8283 Certificate Expires: 1-31-2023 23 Email: [email protected] Official Reporter, 101st District Court 24 George Allen Sr. Courts Building Commerce Street, 6th Floor 25 Dallas, Texas 75202-4631

Terri Etekochay, CSR, RPR, CRR Official Court Reporter, 101st District Court