FILED
`7/15/202011213 AM
`FELICIA PITRE
`DISTRICT CLERK
`DALLAS CO., TEXAS
`Kellie Juricek DEPUTY
`
`Josie Viola Lemell,
`
`In the District Court of
`
`Case No. DC-19-o7035
`
`Plaintiff,
`
`v.
`
`Dallas County, Texas
`
`Joenika Sharday Brown,
`
`Defendant.
`
`162nd Judicial District
`
`Reply in Support of Plaintiff Josie Lemell’s
`Traditional Motion for Summary Judgment
`
`Now comes, Plaintiff Josie Lemell (“Lemell”), through her undersigned attorney,
`
`and for Lemell’s Reply in support of her Motion for Traditional Summary Judgment
`
`against Defendant Joenika Sharday Brown (“Brown”) on the issue of liability, shows the
`
`Court the following:
`
`L
`
`Plaintiff Lemell’s Summary Judgment Motion
`is uncontroverted.
`
`Plaintiffs summary judgment motion is uncontroverted because Brown’s counter-
`
`affidavits are incompetent and therefore fail to create a fact issue. Accordingly, the Court
`
`must grant Plaintiffs Summary judgment Motion. Si Republic National Leasing V.
`
`Schindler, 717 S.W.2d 606, 607 (Tex.1986) (affirming trial court’s finding that plaintiffs
`
`summary judgment affidavit was readily controvertible and defendant’s failure to present
`
`summary judgment evidence warranted judgment for plaintiff); Kimble V. Aetna Gas. and
`
`Sur. C0,, 767 S.W.2d 846 (Tex. App. 1989)
`
`(affirming summary judgment
`
`for
`
`plaintiff/counter-defendant
`
`insurer upon finding evidentiary record presented
`
`uncontroverted affidavits).
`
`Reply in Support of Plaintiff Josie Lemell’s
`Traditional Motion for Summary Judgment
`Page 1 of 10
`
`

`

`A.
`
`Plaintiff Lemell’s Reconstruction Engineering
`Expert Brent Munyon’s conclusions that Lemell had
`reasonable clearance from approaching traffic, that
`Brown was speeding, never turned, never applied her
`brakes
`and
`caused
`the
`collision
`are
`all
`
`uncontroverted and the Court should therefore issue
`
`an order granting Plaintiff Lemell a summary
`judgment.
`
`Plaintiffs reconstruction engineer expert Brent Munyon concluded that Brown
`
`caused the collision. E Plaintiffs Exhibit 1. Munyon opined that Lemell had reasonable
`
`clearance from approaching traffic when she turned left toward Wintergreen and that
`
`Brown was speeding and took no evasive action to avoid the collision, such as slowing or
`
`turning her steering wheel. E-
`
`Underlying Brent Munyon’s opinion is digital data which his firm A&M Forensics
`
`and Engineering, Inc, retrieved from Brown’s automobile. m. at pp. 7. Said data showed
`
`Brown was driving 68-72 miles per hour when she collided with Lemell, while 40 was the
`
`speed limit. m. Because Brown was driving so fast, Brown reached Lemell’s automobile
`
`much faster than Brown would have had Brown been obeying the law.
`
`I_d. Brown’s
`
`attorney Randall Meredith attended the inspection during which Brent Munyon’s firm
`
`secured digital data from Brown’s car, providing Brown with equal access to retrieve
`
`Brown’s digital data.
`
`Engineer Brent Munyon’s opinion satisfies the material element of causation for
`
`Plaintiff Josie Lemell’s negligence claim. And because Brent Munyon’s conclusions are
`
`uncontroverted, summary judgment is immediately warranted. Si Tex. R. Civ. P.
`
`166(a)c; Anderson V. Snider, 808 S.W.2d 54, 55 (Tex.1991) (“an expert's affidavit can
`
`support summary judgment if the subject matter is such that a fact finder would be guided
`
`solely by the opinion of the testimony of experts if the evidence is clear, positive, direct,
`
`Reply in Support of Plaintiff Josie Lemell’s
`Traditional Motion for Summary Judgment
`Page 2 of 10
`
`

`

`otherwise credible and free from contradiction and inconsistencies, and could have been
`
`readily controverted.”); Si Fitzgerald V. Caterpillar Tractor Co., 683 S.W.2d 162, 163—65
`
`(Tex. App. 1985) (finding lay plaintiff’s own affidavit incompetent to create a fact issue on
`
`product defect claim where defendant presented the counter-affidavit of an
`
`uncontroverted licensed engineer).
`
`Plaintiffs engineering expert Brent Munyon’s conclusion that Brown caused the
`
`May 5, 2019 collision because she was speeding is clear, positive, credible, consistent, and
`
`free from contradiction. Brown offers no controverting expert, the Court having stricken
`
`her designation of Officer Tyrone Melton as a liability expert and Brown otherwise
`
`provides no competent testimony to controvert Brent Munyon. Sfl Tex. R. Civ. P. 166a(c)
`
`(“A summary judgment may be based on [...] subject matter concerning which the trier of
`
`fact must be guided solely by the opinion testimony of experts, if the evidence is clear,
`
`positive and direct, otherwise credible and free from contradictions and inconsistencies,
`
`and could have been readily controverted); Anderson V. Snider, 808 S.W.2d 54 (Tex. 1991)
`
`(holding after an expert witness presents legally sufficient evidence in support of a motion
`
`for summary judgment, the opposing party must produce other expert testimony to
`
`controvert the claims).
`
`Defendant Joenika Brown’s deposition testimony and Officer Melton’s deposition
`
`and corresponding Report are incompetent summary judgment evidence—neither
`
`witness is an expert or accident reconstructionist. Accordingly, Brent Munyon’s
`
`uncontroverted expert opinion that Brown caused the collision because she was speeding
`
`and failed to take evasive action shows summary judgment on the issue of liability is
`
`immediately warranted.
`
`Reply in Support of Plaintiff Josie Lemell’s
`Traditional Motion for Summary Judgment
`Page 3 of 10
`
`

`

`B.
`
`Brent Munyon’s opinions and conclusions are
`reliable.
`
`Defendant Brown never noticed her Motion to Strike Plaintiffs liability expert
`
`Brent Munyon. However, Brown incorporated her Motion to Strike Brent Munyon into
`
`her summary judgment opposition. As her response, Lemell submits that because Brent
`
`Munyon’s opinions and conclusions are reliable, the Court should deny Brown’s Motion
`
`to Strike him as an expert.
`
`Rule 702 of the Texas Rules of Evidence, titled "Testimony by Experts," provides,
`
`“[a] witness who is qualified as an expert by knowledge, skill, experience, training, or
`
`education may testify in the form of an opinion or otherwise if the expert's scientific,
`
`technical, or other specialized knowledge will help the trier of fact to understand the
`
`evidence or to determine a fact in issue.” Si Tex. R. Evid. 702.
`
`A two-part test governs whether expert testimony is admissible: (1) the expert must
`
`be qualified and (2) the testimony must be relevant and based on a reliable foundation.
`
`& Helena Chem. Co. v. Wilkins, 47 S.W.3d 486, 499 (Tex. 2001).
`
`In determining reliability, the trial court "should undertake a rigorous examination
`
`of the facts on which the expert relies, the method by which the expert draws an opinion
`
`from those facts, and how the expert applies the facts and methods to the case at hand."
`
`
`fl Mack Trucks Inc. v. Tamez, 206 S.W.3d 572, 579 (Tex. 2006).
`
`1.
`
`Foundation of Brent Munyon’s opinions.
`
`Brent Munyon lists, in his Report, the following 15 items, including a scene
`
`inspection, as the information forming the foundation of his opinions:
`
`Reply in Support of Plaintiff Josie Lemell’s
`Traditional Motion for Summary Judgment
`Page 4 of 10
`
`

`

`\D
`
`PUHP‘MFWF‘JT“
`
`Texas Peace Officer’s Crash Report #1?059600.1r’20192l7585, dated 05505190] 9;
`Gongie earth aerial image;
`Googlc earth street view;
`VinLinkTM for 20] ] Honda Civic;
`Expert AuroStats® for 201 1 Honda Civic;
`‘w’inlinkTM for 2009 Ford Escape;
`Expert AutoSlatsCtU for 2009 Ford Escape;
`Bosch CDR download data for 2009 Ford Escape;
`. Show Cause Order;
`10. State of 'l‘exas Subpoena;
`l 1. Photographs received from attorney;
`12. Deposition ot‘Jo-sie Viola 1.,emell;
`l3. Deposition offlfiicer 'l‘yrone Melton;
`l4. A&M Forensic and Engineering, Inc. vehicle inspection M2009 Ford Escape on
`10;”041’2019;
`15. fi&M Forensic and Engineering, Inc. scene inspection on 021’] ”2019 and
`16. A&M Forensics and Engineering, Inc. reconslruction.
`
`E Plaintiff’s Exhibit 1 at p. 2.
`
`Brown’s failure to acknowledge some of the materials forming the foundation of
`
`Brent Munyon’s opinions fails to advance her effort to survive summary judgment.
`
`2.
`
`Brent Munyon’s calculations are well-
`founded and reliably based on math and
`selence.
`
`Brent Munyon made calculations and applied principles of physics. Si Exhibit 1
`
`at 1313- 3-7-
`
`For example, he measured the collision scene. E. He also applied Newton’s Laws
`
`of Motion and the mathematical relationship of Newton’s Laws. I_d. He calculated vehicle
`
`parameters. I_d. He calculated scene parameters. E. He calculated to determine speed,
`
`time, and distance relationships. E.
`
`And Brown’s speed in the moments before impact is not the product of an
`
`“exaggerated assumption” by Brent Munyon. Rather, Brent Munyon based his conclusion
`
`about Brown’s speed on a Bosch CDR data download from Brown’s automobile. Si
`
`Exhibit 1 at pp. 6—7. Through her Counsel Randall Meredith, Brown attended the
`
`inspection during which Brent Munyon secured the Bosch CDR data download from
`
`Reply in Support of Plaintiff Josie Lemell’s
`Traditional Motion for Summary Judgment
`Page 5 of 10
`
`

`

`Brown’s automobile, dispelling the myth that Brown’s downloaded data was somehow
`
`concealed or withheld from Brown.
`
`3.
`
`Brent Munyon opinions were subject to
`being readily controverted.
`
`Omissions from Brent Munyon’s Preliminary Report of Lemell’s speed and
`
`whether skid marks were present at the collision scene simply underscore the fact that
`
`Munyon’s opinions were subject to being readily controverted. Si TeX. R. Civ. P. 166(a)c.
`
`Nothing prevented Brown from presenting a controverting affidavit addressing speed or
`
`skid marks.
`
`Again, Brown’s failure to controvert Brent Munyon is fatal to her effort to survive
`
`summary judgment.
`
`C.
`
`Because
`
`this Court
`
`found Officer Melton
`
`accident
`an
`as
`serve
`to
`incompetent
`reconstructionist, his causation opinions found in
`his report and deposition are incompetent to create
`a fact issue.
`
`On June 23, 2020, this Court entered an order striking Officer Tyrone Melton as
`
`an accident reconstruction expert. Thus, Brown is collaterally estopped from presenting,
`
`as summary judgment evidence, Officer Melton’s testimony or reported containing his
`
`opinions as to fault, his claim that Lemell failed to yield, his conclusion that Lemell ran a
`
`stop sign, and his opinion as to how the collision occurred.
`
`Officer Melton and his corresponding Report are both incompetent to create a fact
`
`issue.
`
`Reply in Support of Plaintiff Josie Lemell’s
`Traditional Motion for Summary Judgment
`Page 6 of 10
`
`

`

`D.
`
`Brown’s testimony fails to
`create a fact issue.
`
`Given the state of the record evidence on summaryjudgment, the Court must reject
`
`any effort by Brown to state how the collision occurred or to otherwise reconstruct the
`
`collision. & Fitzgerald V. Caterpillar Tractor Co., 683 S.W.2d 162, 163-65 (Tex. App.
`
`1985) (finding lay plaintiff’s own affidavit incompetent to create a fact issue on product
`
`defect claim where defendant presented the counter-affidavit of an uncontroverted
`
`licensed engineer); 808 S.W.2d 54, 55 (Tex. 1991) ("Lay testimony is insufficient to refute
`
`
`an expert's testimony."). Adair v. Veritas DGC Land Inc. No. 14—06—00254—CV (Tex. App.
`
`8/9/2007) (Tex. App. 2007).
`
`Further, Brown’s testimony is irreconcilable with both the physical evidence and
`
`common sense and is therefore insufficient to establish causation. Under Texas law, when
`
`common sense does not enable a person to determine causation, expert testimony is
`
`
`required. & Mack Trucks Inc. v. Tamez 206 S.W.3d 572, 583 (Tex. 2006). Lay
`
`testimony is only sufficient to support a finding of causation in “limited circumstances
`
`where both the occurrence and conditions complained of are such that the general
`
`experience and common sense of laypersons are sufficient to evaluate the conditions and
`
`
`whether they were probably caused by the occurrence.” Guevara v. Ferrer 247 S.W.3d
`
`662, 668 (Tex. 2007). Common sense requires a lay person to logically anticipate one
`
`event following another. Parker v. Employers Mutual Liabilim Insurance Co., 440 S.W.2d
`
`43, 46 (Tex. Sup. 1969).
`
`Reply in Support of Plaintiff Josie Lemell’s
`Traditional Motion for Summary Judgment
`Page 7 of 10
`
`

`

`In her deposition, Brown testified she was traveling northbound on N. Houston
`
`School Road and did not plan on making any turns.
`
`whit-“twill“
`Mmhllh—fl
`mttwuuammmmauununmm
`“.mazmumummulwm
`nulls-1M mummbmflwm. mt
`:mufim::rmcupcm.meammm
`mmauumulmmmmmm:
`h—du‘flnlm. unsmnnwtxwm “4......
`.mmtanu-aumu-umummnl
`mmmm.mmmm.mt1m~
`mummwmuummm
`
`_ H
`
`I
`
`l
`3:r
`
`i Accident report attached and marked Exhibit 2; and Excerpts from Brown Deposition
`
`attached and marked Exhibit 3 at p. 46. Brown alleges Lemell came out from a stop sign
`
`on W. Wintergreen Road and hit the driver side of Brown’s vehicle. Exhibit 3 at pp. 46-
`
`47. Taken as true, if Brown traveled north on N. Houston School Road, W. Wintergreen
`
`Road would have been located on the right side of Brown’s vehicle, as referenced in the
`
`above Report field diagram.
`
`In alleging Lemell came out from a stop sign on W.
`
`Wintergreen Road, it is impossible to reconcile how Lemell could hit the driver side of
`
`Brown’s vehicle, which is what Brown claims happened.
`
`This impossibility satisfies the commonsense standard set forth under Texas law
`
`as no lay person could anticipate a car striking the driver side of one vehicle when
`
`approaching said vehicle from the right.
`
`It is equally impossible for the collision to
`
`happen the way Brown claims it did, based on the physical evidence. Because such
`
`causation cannot be established through Brown’s lay testimony, competent expert
`
`testimony is required, which Brown fails to produce.
`
`Reply in Support of Plaintiff Josie Lemell’s
`Traditional Motion for Summary Judgment
`Page 8 of 10
`
`

`

`L Conclusion.
`
`Plaintiff Josie Lemell’s summary judgment motion is uncontroverted.
`
`Reconstruction engineering Brent Munyon opines the collision happened because,
`
`while Lemell had reasonable clearance from approaching traffic, Brown was speeding
`
`toward Lemell’s automobile, never turned, never applied her brakes and collided with
`
`Lemell’s car causing the collision.
`
`Because Brent Munyon’s opinions are all
`
`uncontroverted, the Court should issue an order granting Plaintiff Lemell a summary
`
`judgment.
`
`THE STONE LAW OFFICE
`
`2825 Oak Lawn Avenue, No. 190365
`
`Dallas, Texas 75219—9998
`
`Email: eservices@thestonelawoffice.com
`
`Phone: (214) 871-9000
`
`Facsimile: (214) 871-9004
`
`[31E Lynette Stone
`
`E. Lynette Stone
`Tex. Bar No. 24057683
`Attorneys for Plaintiff Josie Lemell
`
`Reply in Support of Plaintiff Josie Lemell’s
`Traditional Motion for Summary Judgment
`Page 9 of 10
`
`

`

`Case No. DC-19-o7035
`
`In the District Court of
`
`Dallas County, Texas
`
`162nd Judicial District
`
`)
`)
`
`) ) )
`
`)
`
`) )
`
`) )
`
`)
`
`Josie Viola Lemell,
`
`Plaintiff,
`
`V
`
`Joenika Sharday Brown,
`
`Defendant.
`
`Proof of Service
`
`Attorney E. Lynette Stone, or someone in her stead with her authority, served this
`Proof on July 15, 2020 along with a copy of the appended Reply in Support of Plaintiff
`Josie Lemell’s Traditional Motion for Summary Judgment upon the following individual
`using the identified method:
`
`E-Served
`
`Randall L. Meredith
`
`gmlit@gmfirm.com
`
`THE STONE LAW OFFICE
`
`2825 Oak Lawn Avenue, No. 190365
`Dallas, Texas 75219—9998
`Email: eservices@thestonelawoffice.com
`Phone: (214) 871—9000
`
`Facsimile: (214) 871-9004
`
`/s/E. Lynette Stone
`E. Lynette Stone
`Tex. Bar No. 24057683
`Attorneys for Plaintiff Josie Lemell
`
`Reply in Support of Plaintiff Josie Lemell’s
`Traditional Motion for Summary Judgment
`Page 10 of 10
`
`

`

`EXHIBIT 2
`
`

`

`D FATAL fl cmv U SCHOOL aus D RAILROAD D MAB
`fl SUPPLEMENT gggga ZONE h. I
`m:
`I2 9mm
`Tans Peace Officer's Crash Report (Form CR4 11112018)
`Mail lo: Texas Department of Transportation. Crash Dale and Analysls. P.0. Box 149349, Austin. TX 78714. Quesfions? Call M4I274-7457
`Refer Io Attached Code Sheet for Numbered Fields
`‘=These fields are required on all additional sheets submitted for this crash (ex; addluonalvehicles. occupants. Injured. elc.).
`'c'm 7"“
`Local Uu
`(24mm! I 1
`
`7 I
`
`°
`
`|
`
`|
`
`19-002245
`
`Case
`‘
`an
`°cny
`
`NW mun
`
`ohl
`
`I
`
`.
`
`l‘
`
`I
`
`71°07
`0"“)
`
`17059600. 1
`Izozszrlses
`
`P... 1 u, 2
`
`D omu.
`Cwlm
`
`I
`
`‘
`
`I
`
`I
`
`I
`
`I
`
`I
`
`I
`
`4 snot
`Sum
`
`3°
`
`43am
`sum
`
`RD
`
`uwmm ma txnor Us. ouLv
`w
`—l"h
`um
`'cu’“ 0"“
`(mwowwv) o 5 / o s / 2 o 1 9
`Nm nuns
`'County
`”mmmmmflmammfl U“ mm“ I
`l mm” I
`h you!cumMIMI ashram" In II Inst a YOI
`m. ...
`é
`g
`d ROAD ON WRICHCMSHOCCURRED
`m
`a '1 Rwy.
`- 5m:
`3 sum:
`2 Rwy.
`Imam N "“3“" 5°h°°1
`N
`'Hwy.
`1
`Pnnx
`Mum.
`E Syn.
`[Pan
`zone EN. Mm Em 0m.
`Q D CnshOccunedoanrimeDliveor
`Com. UV” Works DY” Shot
`Dbllkndl Spud
`maurm/puungm
`45
`tom».
`Umu
`a
`INTERSECHNGROAD. ORIFCRASHNOTATINTERSECTION; NEARBTIM'RSECING ROADORREFERENCEMARKER
`5m
`u
`M mum 1am.
`m Duo Syn.
`astmt
`zauwy.
`Hwy.
`lam Wintergraan
`W
`max
`Mum. 250°
`mom
`Nam.
`Ipan
`smt
`UPI sun.rmmt.
`outmotromanx
`anotme
`UM! «RotM-rhr
`Dun.
`Marita!
`5 Una
`LP
`Hitmd
`Famed
`LP
`Dual
`smug
`Mum;
`Numcucna
`nun
`Vehicle
`vm.
`|Mako aom
`s. Von.
`1 lcm mu
`vm. 2
`1
`mum
`ouu:
`Dunn
`sm- Ex
`Num. 00234303
`Typo
`1
`Amman».
`Cw-SWJIP) 1m Cardigan m Lancaster, 'rx 75134
`c . 5 “g
`c
`gmzwq
`s fig fifigfi
`NamzLasLFlrsLMlddle
`EnterDrlverorPrlI-naryPersonforthlsUnitonfitstllne
`1 Inmu, Josie Viola
`g
`E
`
`mmm-
`
`mock
`Num.2‘°°
`
`I'I
`
`I
`
`I
`
`I
`
`1
`
`Von.
`
`9m.
`Clone
`
`Unlt
`
`o
`
`I
`
`i
`
`I
`
`o
`
`1
`
`1
`
`In
`
`I
`
`RRX
`Mum.
`VINI1|slxlzlalllrlslalalaloIl'alslols
`U i“...""m"‘u'$”"""
`Pat.fin,:M5on
`5w 1:4
`Model cm:
`7 Body
`[WM I
`10cm.
`Inca
`o
`I
`I 1| I
`End.
`96
`
`Von.
`
`11m.
`Rut. 95
`
`7
`
`o
`
`I
`
`I
`
`I
`
`1
`
`9
`
`I
`
`I
`
`o
`
`6
`
`I
`
`a mg
`E3
`a
`u d g.
`5
`E x
`g a
`g an
`g
`E '3 a é
`:m<2§2 r: _2z§55am¢=_m§=ao
`5g g
`e g '2 <§_ 3% ”§- gfi 93
`N
`c
`
`.,.
`
`1
`
`z
`
`..
`
`3.
`
`an
`
`s7
`
`96
`
`96
`
`97
`
`9‘7
`
`NaughUe-Akoholmd
`Dmgllesuuanonlynpaud
`fa!DtMrlPlimuy Penal for
`thnk.
`
`sa
`
`3
`
`2
`
`1
`
`2
`
`_
`
`_
`
`_
`
`_
`
`r
`
`I
`
`D
`
`I
`
`I
`
`I
`
`I
`
`T
`
`P
`
`I
`
`I
`
`I
`
`I
`
`I
`
`V'h'd', EV“
`Io "Wm“ Um
`
`I
`
`I
`
`Pom
`Venue
`
`Mime
`nun
`
`o
`
`I
`
`I
`
`I
`
`LP
`Nummnoa
`
`90L
`class
`
`VINI1|rlMlclulolglalslslklsivlolaIsle
`U Emimnmmlh
`H- Fl": EMS”
`7 Body
`Von.
`Mmmscuz
`5M0
`Pl
`10cm
`‘mwmno l
`loos
`EM.
`
`96
`
`11m.
`R031. 96
`
`G
`
`I
`
`0
`
`1
`
`I
`
`I
`
`I
`
`I
`
`I
`
`I
`
`1
`
`l
`
`g
`
`9
`
`o
`
`I
`
`I
`
`Emma OwnorILum
`ELM“ m‘mm‘mu, Josie Viola. 1449 ca:
`an m Lancaster m 75134
`Md Ens DEm'rad 26Fln.
`Mmflm Damn Rainy»:
`Pith”.
`Canaan: County Mum
`Fln.Rup.
`Nam
`Nun.
`9356455391221
`21mm.
`Pnaup.
`27 Vehicl-
`Fm". Num-9725592200
`DamageRaIlng1 I1 I
`I5 DamageRating!
`Towed
`Towed
`ay
`1o
`sum:
`Una
`LP
`Dual
`swam
`Numz
`Mm roan
`vm,
`e. Von.
`Voh.
`0
`Year. 2
`9
`Color em:
`cum
`Iaomn
`Dunn
`5‘... E
`UP.
`Num. ‘3693721
`1
`muss.»
`CRMSMIJlP) 1401 wneauand an Dana, Ix 75232
`S $5
`Nammusmrswtddle
`Ea mfi
`EnterDrlverorPtlmatyPetsonfotthlsUnltonfirstllm
`~I—-a_.
`1 Prm, Joanna Sharday
`1
`6 Emmw, Chase
`4 mom, shenotte
`Um “W“mmhmd. taunt; aahuah 1401 Hhuuand nn Dana: 7x 75232
`Fln.Rosp.
`Num.
`290535
`Is DWR-flm I
`27 Volume
`
`2
`
`2
`
`Dwnwusm
`fiOwner
`mold BY” flEm'md 26Fln.
`finM-UNo flExnmpi Rosprpo;
`Fh-Rup-
`Tm
`pnon-uum..mso.oyz
`
`By
`
`Fln.Rup.
`535° “co
`Nun.
`27 Venue
`DameR-finv I
`Towed
`To
`
`f x
`a
`g SE
`g g
`a .3 £0
`Er?
`fi
`E ‘3 W 3
`33(5fi3 u': geagggamamnmugaa
`i'fi 92
`5? g.
`g W <3 gg
`e
`N
`C
`B
`28
`96
`2
`91
`96
`97
`N
`Nuwflhu.-g|g°hflw
`Dmgflemluamonlympnned
`fothv-rIPflmrvafw
`u
`aachUnII.
`
`g.
`
`5
`
`5
`
`s
`
`9'7
`
`97
`
`97
`
`1
`
`1
`
`1
`
`1
`
`G
`
`1
`
`C
`u
`
`6
`
`14
`
`B
`a
`
`1
`
`2
`
`I 1|
`
`_
`
`I
`
`I ”I R
`
`I
`
`-
`
`_
`
`I
`
`I
`
`I
`
`I
`
`I'I
`
`V-hldc
`
`BY"
`'"""'°"°“ D”
`
`I
`
`JL01003
`
`

`

`Emag“;2.3«IUD...Ea025.
`103.nafi3:.:.fi§$
`
`.
`
`HOIOONMtu
`
`c3:vi...
`2:32......
`
`Ea:4..
`
`.7004
`n35.0
`
`Ea:9.
`
`u u 32502.2"uflwun
`
`sonSunn
`
`...
`
`.
`
`mw.n u En g;zofiofl.
`mmn u 9:336 Ea
`mm
`
`zunan:u
`
`zenant"u
`
`Rafi.“Hr...
`
`n:na-
`
`.
`
`02.301Sauna0......din<02}.
`
`DAMAGE
`
`c2.
`2:3.
`
`SS:
`D5m.
`
`.5
`
`u..2.-
`.23
`
`
`912..
`ooi.2-3.
`
`0.1
`v.3Ea.
`W—u.mew Dag
`inns:D.?a
`— .23 D052x_-.___mu gDzo
`Ca: __mo<<<
`U055___.__
`zs...
`fig3mg...
`
`.
`
`fins.“
`
`mums.»
`
`Huouumoo.H\NOHoanuau
`
`0.81085
`2:353.
`
`4.3.3035
`9.5.5..
`
`___
`
`___
`
`.__
`
`___
`
`___
`
`___
`
`Qienailoiaoo2.5..
`
`u. a n u H H a
`
`s
`
`u ca.a
`
`333
`
`o35-.
`
`083559 2.!:2.033.
`
`a u um
`
`AFm
`
`530898..-zflito95.31.23.7an3:
`A EEEQafiazS-BES
`nu.tun9arngwonounomwanurn"Hongoo."2Shanonnnoou
`.dubsu.unnnvnnunnnunnflifibflnonunsnonnronznonunou
`nwoou.noun. DuonononEBHEBQnonhnrnom83‘Pnnmmnn.BE."
`nowthuu1.5,OE."nmnoun2hr"333.
`.GE."nawnHNEEKBQ
`06$.U25“#5MhooUwonwomZlocate:maroon.Nunn 50“ouun
`
`.
`
`0.59on8Shanonnfloou. Ennnowphnon5.5.GE."u.mnonn35g zez gwgflx
`. gnuhundunkMMHHM EEfiHoEh!o:«cosongunnnomz
`ounnonmaroon.noun.uuononub590d.6P;H Egotun
`archno£5noun:V959unnbomznonunouunwoowwomb.
`
`.
`
`missus
`Esau;omxouxno:
`
`33.56;
`.352._a_m_u_.
`
`..
`
`H458 ;
`IQ:
`
`m$2.553_p.a_u_uzosauuuuunnron
`<8.2853.
`6.38..
`nno.3. Znzuaoataaivznwno?€090
`M25_e.x_o_u_.
`
`.
`
`35252255»358unmasvfifi
`
`.._».q_o.o
`
`Box.
`
`_D
`2.3..éuuq
`
`91E__§_Sa>_o.p__ _
`
`JL01004
`
`

`

`EXHIBIT 3
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`CAUSE NO. DC19—O7035
`
`JOCIE VIOLA LEMELL,
`PTaintiff/Counter—
`Defendant,
`
`VS.
`
`JOENIKA SHARDAY BROWN,
`Defendant/Counter—
`PTaintiff.
`
`)
`
`IN THE DISTRICT COURT
`
`162ND JUDICIAL DISTRICT
`
`VVVVVVVV DALLAS COUNTY, TEXAS
`
`
`
`
`
`ORAL DEPOSITION OF
`JOENIKA SHARDAY BROWN
`JANUARY 27, 2020
`
`*****************************************************
`
`ORAL DEPOSITION OF JOENIKA SHARDAY BROWN, produced
`
`as a witness duTy sworn by me at the instance Of the
`
`P1aintiff/Counter—Defendant,
`
`taken in the above—styTed
`
`and —numbered cause on the 27th day Of January, 2020,
`
`from 10:20 a.m.
`
`to 11:28 a.m., before Car1a Shanks
`
`GonzaTez, Certified shorthand Reporter No. 5054 in and
`
`for the State of Texas, at the offices of Godsey Martin,
`
`Tocated at 15000 Surveyor Bou1evard,
`
`in the City of
`
`Addison, Texas,
`
`in accordance with the Texas Ru1es Of
`
`Civi1 Procedure and the provisions stated on the record.
`
`Kim D. Carrell, CSR
`972.462.0663
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`A P P E A R A N C E S:
`
`FOR THE PLAINTIFF/COUNTER-DEFENDANT
`
`MR. CHRIS A. CUDE
`THE MILLER LAW FIRM
`
`3811 TurtTe Creek BouTevard
`Suite 1950
`Da11as, Texas
`(469) 916—2552
`ccude@tm1fpc.com
`
`75219
`
`MS. LYNETTE STONE
`THE STONE LAW OFFICE
`2101 Cedar Springs Road
`Suite 1050
`DaTTas, Texas
`
`75201
`
`A150 Present: Ms. Jocie VioTa Leme11
`
`FOR THE DEFENDANT/COUNTER-PLAINTIFF
`
`MR. RANDALL L. MEREDITH
`GODSEY MARTIN
`15000 Surveyor BouTevard
`Addison, Texas
`75001
`
`
`
`Kim D. Carrell, CSR
`972.462.0663
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`Appearances
`
`JOENIKA SHARDAY BROWN
`
`Examination by Mr. Cude
`
`Examination by Ms. Stone
`
`
`
`Records from Pro—Care
`Injury & Rehab
`
`witness's Signature Page/Corrections
`
`Reporter's Certificate
`
`E X H I B I T S
`
`NUMBER
`
`DESCRIPTION
`
`1
`
`PAGE MARKED
`
`20
`
`Kim D. Carrell, CSR
`972.462.0663
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`P R O C E E D I N G S
`
`JOENIKA SHARDAY BROWN,
`
`having been first du1y sworn, testified as f0110ws:
`
`EXAMINATION
`
`BY MR. CUDE:
`
`Q.
`
`Good morning, Ms. Brown.
`
`Good morning.
`
`
`
`
`
`Q.
`
`My name is Chris Cude.
`
`I'm one of the
`
`attorneys that represents Jocie Leme11 in this matter.
`
`I represent Ms. Leme11 in the capacity in which you sued
`
`her.
`
`I'm defending her. We're going to have another
`
`attorney present today, and she represents Ms. Leme11 in
`
`the capacity of bringing the 1awsuit against you. Does
`
`that make sense?
`
`A.
`
`Yes, sir.
`
`Very good. Have you ever given a deposition
`
`No, sir.
`
`Q.
`
`And, Ms. Brown, if you couid go ahead and
`
`spe11 your name for the record, piease.
`
`A.
`
`Q.
`
`J—O—E—N—I—K—A, 1ast name Brown.
`
`And, Ms. Brown,
`
`I'm sure your attorney did a
`
`good job covering some ground ru1es of what our time is
`
`going to 100k 1ike, but I just want to cover a few
`
`things so we're on the same page moving forward.
`
`You
`
`Kim D. Carrell, CSR
`972.462.0663
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`understand that you have taken an oath to te11 the truth
`
`that has the same weight and effect as if you're in
`
`front of a judge and jury, correct?
`
`A.
`
`Q.
`
`Yes, sir.
`
`Okay.
`
`And we're going to be pretty
`
`conversationa1 today, but if I ask you a question that
`
`you don't understand, p1ease ask me to rephrase it.
`
`I'm
`
`more than happy to do 50.
`
`Is that fair?
`
`A.
`
`Q.
`
`Yes, sir.
`
`If you do answer the question, I'11 be under
`
`the impression that you understood it, correct?
`
`A.
`
`Q.
`
`Uh—huh.
`
`If you need to take a break at any time, just
`
`
`
`
`
`1et us know.
`
`I'm more than happy to do so.
`
`It's very
`
`important —— you're doing a great job so far.
`
`Just make
`
`sure you answer yes, no. Try to stay away from any head
`
`nods. That's just to keep the reporter having a c1ean
`
`record for us, okay?
`
`A.
`
`Q.
`
`Yes, sir.
`
`And she's going to be taking down everything
`
`that we say.
`
`In order to make sure, again,
`
`that we have
`
`a c1ean record,
`
`I wou1d ask that you wait unti1 I finish
`
`my question before answering, and in return,
`
`I wi11 wait
`
`for you to finish your answer before I ask my next
`
`question, okay?
`
`Kim D. Carrell, CSR
`972.462.0663
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`Yes, sir.
`
`Ms. Brown, have you ever been a part of any
`
`A.
`
`Q.
`
`other 1awsuit before?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`No, sir.
`
`Okay. Have you ever given a deposition
`
`No, sir.
`
`Okay.
`
`And aside from any conversations you
`
`had with your attorney, what did you do to prepare for
`
`today's deposition?
`
`Just came here, prayed. That's it. Not much.
`
`And you 1ive in Boston now?
`
`No, I do not.
`
`where do you 1ive now?
`
`I'm sorry.
`
`I 1ive in New Jersey.
`
`
`
`
`
`Q.
`
`New Jersey,
`
`I apoiogize. what is your address
`
`currentiy?
`
`A.
`
`Q.
`
`938 Vine Street, Camden, New Jersey.
`
`Okay.
`
`Thank you.
`
`And most importantiy, she's
`
`the most important gir1 in the room right now, so we
`
`want to make sure that a11 of our conversations are
`
`directed toward her,
`
`just to make sure she's ab1e to
`
`take everything down, okay?
`
`A.
`
`Uh—huh. Yes, sir.
`
`Q.
`
`And who do you current1y 1ive with in New
`
`Kim D. Carrell, CSR
`972.462.0663
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`A.
`
`My grandmother.
`
`Q.
`
`A.
`
`Q.
`
`what is your grandmother's ——
`
`Pear1 Brown.
`
`And how iong have you 1ived with your
`
`grandmother?
`
`A.
`
`We11,
`
`I just moved back to New Jersey,
`
`so
`
`about I'd say 1ike six months.
`
`Q.
`
`And what was your address prior to moving to
`
`New Jersey?
`
`A.
`
`Q.
`
`1407 West wheatiand Road.
`
`How 10ng did you reside at 1407 West wheatiand
`
`
`
`
`
`A year.
`
`where did you 1ive before that?
`
`I was in New Jersey my wh01e 1ife.
`
`what brought you to Texas?
`
`Okay.
`
`So my girifriend, we decided to be
`
`and I moved with her.
`
`Okay.
`
`Is she from Texas?
`
`Yes.
`
`Are y'a11 sti11 together?
`
`Off and on, yes.
`
`Does she sti11 1ive in Texas?
`
`Yes,
`
`same address.
`
`Kim D. Carrell, CSR
`972.462.0663
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`Have you ever been married?
`
`NO.
`
`Do you have any chi1dren?
`
`No, sir.
`
`Do you have any driver's 1icense other than
`
`current driver's 1icense that has been produced in
`
`matter?
`
`NO.
`
`what do you do up in New Jersey?
`
`Right now I work at American Honda.
`
`what do you do for American Honda?
`
`A.
`
`I'm at the shipping warehouse, so I just ship
`
`out parts
`
`and stuff 1ike that for the Honda vehic1e.
`
`Q.
`
`And is that the on1y job you have had since
`
`you moved
`
`back to New Jersey?
`
`A.
`
`Q.
`
`Yes, sir.
`
`what did you do for work whenever you 1ived
`
`back here
`
`in Da11as for a year?
`
`
`
`
`
`I was working at the Home Depot, Cedar Hi11.
`
`what did you do at the Home Depot?
`
`Overnight stocking.
`
`Was that your on1y job?
`
`Yes.
`
`Okay. Was that the on1y job that you had when
`
`you 1ived
`
`in Da11as?
`
`Kim D. Carrell, CSR
`972.462.0663
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`A.
`
`Q.
`
`No, I had quite a few.
`
`what eise did you do?
`
`A.
`
`I worked at the Da11as Cowboy —— it was 1ike a
`
`warehouse.
`
`Q.
`
`So it wou1d probabiy be easier, we'11 take
`
`them in order, if you want to do it that way. whenever
`
`you first moved to Da11as from New Jersey, where did you
`
`work?
`
`That was the first one I had, yeah.
`
`The Cowboys or Home Depot?
`
`The Cowboys.
`
`And how iong did you work at Cowboys for?
`
`A coup1e of months.
`
`what did you do for them?
`
`
`
`
`
`A.
`
`Just the ciothing.
`
`They have —— we just ship
`
`out c10thing, 1ike the appare1.
`
`Q.
`
`Do you reca11 when you started with them, what
`
`month?
`
`No,
`
`I don't know.
`
`But you said you worked there for about three
`
`Uh—huh.
`
`where did you work after that?
`
`A sma11 restaurant.
`
`Do you reca11 the name of that restaurant?
`
`Kim D. Carrell, CSR
`972.462.0663
`
`

`

`lO
`
`Joenika Sharday Brown
`1/27/2020
`
`No.
`
`Do you reca11 how iong you worked there for?
`
`About four and a haif months,
`
`I be1ieve.
`
`where was that restaurant iocated?
`
`Cedar Hi11 too.
`
`And then where did you work?
`
`The Home Depot. That was the 1ast job I had.
`
`And you worked at Home Depot unti1 you moved
`
`Jersey?
`
`Correct.
`
`And what month did you move to New Jersey?
`
`I rea11y —— I don't know. Let's see.
`
`I wouid
`
`wou1d be about six months back.
`
`Okay.
`
`Yeah.
`
`So this is January, so approximateiy sometime
`
`summer?
`
`A.
`
`I don't know what —— I rea11y don't know the
`
`Do you remember it being hot?
`
`Pretty much, yes.
`
`Like if you're moving in Texas in the summer,
`
`you remember it being hot.
`
`50 if you were in Da11as for a year, you wou1d
`
`say you first came to Da11as in summer of 2018 rough1y?
`
`Kim D. Carrell, CSR
`972.462.0663
`
`1029102902920?
`
`Q.
`
`A.
`
`Q.
`
`
`
`
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`A
`
`Q.
`
`I came to Da11as in January, January.
`
`Of 2018?
`
`11
`
`A
`
`Q.
`
`2018.
`
`Okay. Was it pretty soon after the incident
`
`that you moved to New Jersey?
`
`A.
`
`Q.
`
`Can you repeat the question?
`
`Sure.
`
`The accident happened in May of 2019.
`
`Was it pretty soon after the accident that you remember
`
`moving to New Jersey?
`
`A.
`
`Q.
`
`A coup1e months after.
`
`Okay. After you finished up treating and
`
`everything here?
`
`Yeah.
`
`
`
`
`
`Okay. Did you go to high schooi
`
`in New
`
`Yes, sir.
`
`where did you go to high schooi up there?
`
`Leap Academy Charter University High Schooi.
`
`Any additionai education after that?
`
`NO.
`
`what did you do after you graduated?
`
`I was just working from job to job.
`
`Any particu1ar industry?
`
`Not rea11y.
`
`what was your first job out of high schooi?
`
`Kim D. Carrell, CSR
`972.462.0663
`
`D>O>O>D>D
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`12
`
`A.
`
`Q.
`
`One East.
`
`How 1ong did you work at One East for?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A coup1e of months.
`
`where did you work after that?
`
`Wa1—Mart.
`
`How 10ng were you at Wai—Mart for?
`
`About a year.
`
`what about after that?
`
`Lowe's.
`
`How 10ng were you at Lowe's for?
`
`Four years.
`
`where did you work after Lowe's?
`
`That's when I came to Texas.
`
`Okay.
`
`So a11 the jobs that we got.
`
`How 01d are you current1y?
`
`Twenty—nine.
`
`And I'm going to ask you some questions
`
`
`
`
`
`about —— you're going to have to he1p me with this
`
`pronunciation, Fatimah Muhammad.
`
`A.
`
`Fatimah Muhammad.
`
`And who is Fatimah Muhammad?
`
`My girifriend.
`
`And she sti11 1ives in Da11as, correct?
`
`Correct.
`
`Kim D. Carrell, CSR
`972.462.0663
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`l3
`
`And you said your re1ationship has been off
`
`Yes.
`
`when did that start,
`
`the re1ationship?
`
`We been seeing each other now for about four
`
`And y'a11 were 1iving together at that time?
`
`How did y'a11 meet?
`
`Facebook, actua11y.
`
`Q.
`
`How iong did y'a11 correspond on Facebook
`
`before y'a11 actua11y met?
`
`MR. MEREDITH: Objection,
`
`form.
`
`You can
`
`go ahead and answer if you know.
`
`A.
`
`Q.
`
`I don't know.
`
`Okay.
`
`How often wou1d you come to Da11as to
`
`see her before you moved here?
`
`A.
`
`Quite a few times.
`
`A month —— I try to come
`
`down 1ike every coup1e months,
`
`I guess. And then she
`
`wi11 come to see me.
`
`
`
`Q.
`
`On March 5th, 2019,
`
`the day of the incident,
`
`do you reca11 your re1ationship with Fatimah at that
`
`time?
`
`A.
`
`Yeah, we were sti11 —— she was sti11 my
`
`gir1friend.
`
`Q.
`
`A.
`
`Yes, sir.
`
`Kim D. Carrell, CSR
`972.462.0663
`
`

`

`l4
`
`Joenika Sharday Brown
`1/27/2020
`
`who eise 1ived with y‘a11?
`
`Her son, Chase Muhammad.
`
`Do you know how 01d Chase Muhammad is?
`
`He's four.
`
`Q.
`
`I apoiogize,
`
`that was a bad question.
`
`Is he
`
`four now, or was he four at the time of the accident?
`
`He's four now.
`
`Okay.
`
`So he was three at the time of the
`
`Yes.
`
`Did you he1p Fatimah with Chase at a11?
`
`Yes, sir.
`
`And what were some of your roies in he1ping
`
`with Chase?
`
`
`
`
`
`A.
`
`Just 1ike a parent wou1d be there for him,
`
`wash him up,
`
`feed him,
`
`take him to schooi.
`
`Q.
`
`And when you 1ived in Da11as —— actua11y,
`
`strike that.
`
`what does Fatimah do for a 1iving?
`
`A.
`
`Right now she works at 1ike a suite or
`
`something. She's the cieaning supervisor,
`
`I guess you
`
`can say.
`
`Q.
`
`A.
`
`Do you know the iocation?
`
`Is it a hote1?
`
`I be1ieve it's —— no, it's more 1ike a studio,
`
`apartment—type bui1ding.
`
`Kim D. Carrell, CSR
`972.462.0663
`
`

`

`Joenika Sharday Brown
`1/27/2020
`
`15
`
`Okay.
`
`Do you know how iong she's worked there
`
`No, I don't know.
`
`Q.
`
`Has she worked there for the entirety of
`
`y'a11's re1ationship?
`
`A.
`
`Q.
`
`for a job?
`
`NO.
`
`when you first met Fatimah, what was she doing
`
`Yes.
`
`who are her other chi1dren?
`
`Eric, Jeremiah, Cameron, Chase.
`
`Eric is the oidest one?
`
`Yes.
`
`Do you know approximateiy how 01d he is?
`
`Kim D. Carrell, CSR
`972.462.0663
`
`
`
`O>D>D>O>D>
`
`She worked at a warehouse.
`
`Do you reca11 what she did after that?
`
`C1eaning. Other jobs was just c1eaning jobs.
`
`And do you know Fatimah's date of birth?
`
`NO.
`
`Do you know how 01d she is?
`
`She'