Preview
I
2/6/2024 5:00 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
“NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA”
CAUSE NO. DC-19-12602
ERICA BRADLEY, INDIVIDUALLY, AND A/N/F § IN THE DISTRICT COURT
OF J.E., A MINOR CHILD, §
PLAINTIFFS, §
§
V. § 134™ JUDICIAL DISTRICT
DIAN BROWN, INDIVIDUALLY AND
D/B/A THE LITTLE RASCALS DAYCARE,
DEFENDANTS. DALLAS COUNTY, TEXAS
DEFENDANTS’ OBJECTIONS TO PROPOSED MINOR SETTLEMENT IN
EXCESS OF AGREEMENT
COMES NOW, DEFENDANTS DIAN BROWN, INDIVIDUALLY AND D/B/A THE
LITTLE RASCALS DAYCARE and file this DEFENDANTS’ OBJECTION TO PROPOSED
MINOR SETTLEMENT IN EXCESS OF AGREEMENT. In support thereof, Defendants show
the Court as follows:
I
SUMMARY OF CASE
Plaintiffs Erica Bradley, individually, and as Next Friend of J.E., a Minor sued Defendant
Dian Brown, Individually and d/b/a The Little Rascals Daycare for personal injuries associated
with Defendants’ premises. The minor Plaintiff is represented by Erica Bradley, his mother and
guardian. On October 4, 2017, when the minor Plaintiff was eight years old, it is alleged he was
injured when a ball was kicked into a ceiling light fixture and falling glass cut his head. Suit was
originally filed by Plaintiff on August 20, 2019. On or about April 2022, a full settlement of
$15,000 was agreed to by Plaintiffs through their counsel and Defendants. The Defendants’ Motion
for New Trial and to Set Aside Default Judgment was granted on February 7, 2023.
On January 19, 2023, Defendants filed an answer denying all claims and liabilities. A Motion
for the Appointment of a Guardian Ad Litem was filed on February 7, 2023. An appointment was
made, but the appointee was unable to timely review the matter. The parties requested the
appointment of a new Guardian Ad Litem and Melodee Armstrong was appointed on July 14,
2023.
Ms. Armstrong emailed all parties on November 3, 2023, after she met with minor Plaintiff
and his mother in Tyler, Texas. The minor is now 15. Ms. Armstrong requested Defendants to
consider a “GAL request of $32,500 in additional settlement monies and for part of the total
amount to be set aside into the registry for counseling and therapy services for the minor. Please
see Exhibit A, email of November 3, 2023.
On January 12, 2024, Ms. Armstrong advised of her same opinions presented in her email of
«“
November 3, 2023, regarding minor Plaintiff: ...-he chooses to wear long hairstyles to cover the
scar. Hair does not grow in the space. You can even see where some of the skin either keloided
and is even more scarred towards the top of the subject area. It is obvious and he cannot hide it if
he seeks certain professions - military, law enforcement, etc. - or if he simply prefers a shorter
hairstyle. The scar bothers him. As mentioned, he was in fights because of it not long after the
incident. He wears the long hair style in part to avoid being teased or discussions about it.” Please
see Exhibit B, email of January 12, 2024.
A follow up to this inquiry on January 23, 2024, Ms. Armstrong specifically requests
“...anything more needed before you kindly respond to my additional demand for this minor
Plaintiff?” The email also advised that the next Status Conference hearing is roughly February 21,
2024, but no notice has been received. Please see Exhibit C, email of January 23, 2024.
On January 31, 2024, the undersigned replied to Ms. Armstrong’s additional demand:
“T apologize for my delay in responding, Judge Armstrong. The photos and issues stated
below are not sufficient to warrant an increase in the settlement agreement by $32,500 for a cut to
Plaintiff's head on October 4, 2017. This small, healed cut occurred as result of falling glass from
a light fixture after a ball was kicked into the ceiling area. Despite my client’s complete lack of
liability for this unforeseeable occurrence, a settlement was reached by agreement with Plaintiff's
counsel in 2022 and both parties’ counsel have worked diligently to have this minor settlement
finalized since that time. There is no expert documentation reflecting causation of any other
injuries or need for future treatment. The $15,000 settlement is solely for the benefit of Plaintiff
and there is no evidence of outstanding medical bills. So that it is no surprise to any party or
counsel in this case, please note that we will oppose the proposed increased settlement. It is out of
line with a customary minor settlement without incurred or paid medical bills or indication of
future treatment for a six-year-old cut. Thank you for your time and consideration and let me know
if you want to discuss the matter at your convenience.” Please see Exhibit D, January 31, 2024.
No further communications have been received by Ms. Armstrong or Plaintiffs counsel.
Please see Exhibit D, January 31, 2024.
IL.
REQUEST FOR ADDITIONAL SETTLEMENT FUNDS IS OUTSIDE THE
BOUNDARIES OF A GUARDIAN AD LITEM
Texas Rules of Civil Procedure 173.4 provides that the role of the guardian ad litem is that
of an officer and advisor to the court. A guardian ad litem must determine and advise the court
whether a party’s next friend or guardian has an interest adverse to the party. When an offer has
been made to settle the claim, the guardian ad litem has the limited duty to determine and advise
the court whether the settlement is in the party’s best interest. The role does not include the making
of counter demands. In the majority of personal injury cases in which a guardian ad litem is
appointed to protect the interests of a minor plaintiff, his/her primary responsibility is to review
the settlement agreement between the minor and the defendant. The ad litem is required to
determine whether the agreed-upon settlement is fair, reasonable and in the best interests of the
minor. The guardian ad litem then reports his/her determination to the court. After evaluating the
ad litem’s report, the court will either approve or reject the settlement agreement. Byrd v. Woodruff,
891 S.W.2d 689, 707 (Tex.App.-Dallas 1994, writ denied).
The most significant role of the guardian ad litem is to determine if the settlement is fair,
reasonable and in the minor's best interest, not the parents or plaintiff's attorney. Jd. at 706. There
is no indication in this case that the settlement is not in the best interest of the minor Plaintiff, as
there is no settlement negotiated for the parent/guardian and no outstanding medical expenses or
future medical expenses produced. When evaluating the minor's damages, a reasonable settlement
should not be analyzed in terms of the most the defendant will offer to pay or the least the plaintiff
will accept but be determined in terms of the probable trial outcome.
Defendants do not admit to any negligence in this accident and the settlement was an offer
and negotiation of good faith for a healed cut on the minor’s head seven years ago. There is no
precedence for such a demand by a guardian ad litem and no evidence submitted by Plaintiff's
counsel to support such an additional settlement amount. It is not reasonable to anticipate that a
jury would award the minor Plaintiff a total of $47,500 in personal injury damages for sustaining
a cut on his head in which no surgical intervention was necessary and it is healed without incident.
Please see Exhibit E, emailed photographs of minor Plaintiff from Ms. Armstrong.
WHEREFORE, PREMISES CONSIDERED, Defendants pray that this Motion be set for
hearing at the time of the Final Hearing on Minor Settlement, and after consideration thereof, the
Court grant this Motion and approve the agreed settlement by Plaintiff and Defendants, and for
such other and further relief to which they may show themselves to be justly entitled.
Respectfully submitted,
FLETCHER, FARLEY SHIPMAN & SALINAS,
LLP
/s/ Lori B. Wiese
LORI B. WIESE
State Bar No. 21436710
9201 N. Central Expwy., Suite 600
Dallas, Texas 75231
214-987-9600
214-987-9866 fax
lori.wiese@fletcherfarley.com
ATTORNEYS FOR DEFENDANTS
DIAN BROWN, INDIVIDUALLY AND D/B/A
THE LITTLE RASCALS DAYCARE
CERTIFICATE OF CONFERENCE
On January 31, 2024, Defendants’ counsel contacted the Guardian Ad Litem, Ms.
Armstrong, advising of the objections set forth above requesting further evidence to support the
proposed additional settlement monies, but no response was received. On February 6, 2024,
Defendants’ counsel forwarded the emails to Plaintiff's counsel as it does not appear counsel was
copied. No response was received.
/s/ Lori B. Wiese
Lori B. Wiese
CERTIFICATE OF SERVICE
The undersigned certifies that on this 6'" day of February, 2024 a copy of the foregoing
document was delivered by e-serve to all counsel of record.
/s/ Lori B. Wiese
Lori B. Wiese
EXHIBIT
66 A”
From: Melodee Armstrong
Sent: Friday, November 3, 2023 3:34 PM
To: Lori Wiese; Daryoush Toofanian
Ce: Lourdes Lopez; Laura King
Subject: Re: Judgment. Erica Bradley, Individually and ANF of J.E., a minor v. Dian Brown, Individually and
d/b/a the Little Rascals Daycare
Good day all.
| finally had a chance to visit with Ms. Bradley and her son Jemel in person in Tyler, Texas, last weekend.
They were most pleasant, especially Jemel. Confidentially, they are experiencing some housing (and transportation)
challenges that are difficult and saddening.
In visiting with Jemel, | learned that this incident and scar have bedeviled him. He was teased and taunted at school
and got into fights.
That continued.
The laceration and scar resulted in permanent disfigurement.
He has never liked the scar, finds it upsetting, and he began intentionally growing his hair in a twisted style to hide it.
He will probably never wear a short hair cut, which styles are required for ROTC, military or law enforcement careers,
as an example, unless he receives needed counseling and learns coping skills.
| touched the scar. After staples and stitches, the hair struggles to grow within the scar.
Lori thank you for the phone visit not long ago. Please see the attached photos. The photos of Jemel ina light brown
zip up hoodie are from visit with him last Saturday 10/28/23.
This intent occurred in 2017 when Jemel was 8. Jemel is 14 and will be 15 next week. He will present exceptionally well
to any jury. This case was likely resolved some time ago or before we had a full appreciation of the disfigurement and
extent of same.
At this time, please visit with your client Ms. Wiese and ask them to consider a GAL request of $32,500 in additional
settlement funds part of which may be carved out and set aside into the registry for counseling and therapy services for
Jemel.
We are in the 134th and I'd rather we attempt to appear unified on the settlement amounts and terms. | hope that you
agree?
If we need to push the hearing date, the 134th and Judge Tillery are great about setting us most any time. Fear not as
we should still be able to complete our prove with entry of judgment this month.
Thank you for your time and attention. Please alert or call me with any questions or concerns.
Sincerely,
Melodee Armstrong
214-573-2590 (Office/Not Text)
EXHIBIT
“B 99
From: Melodee Armstrong
Sent: Friday, January 12, 2024 11:30 AM
To: Lori Wiese
Ce: Bridget Mulloy ; Wendy Swartzell
; Karina Ragha
Subject: Bradley et al v. Brown - recent photos of minor Plaintiff
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hello Attorney Lori and thank you and your client for your patience.
You may have seen my note regarding part of the delay for the next Friend and her recent housing
challenges.
Please see recent photos of the minor Plaintiff and of the scar/disfigurement in his head.
As mentioned, he chooses to wear long hairstyles to cover the scar.
Hair does not grow in the space. You can even see where some of the skin either keloided and is even
more scarred towards the top of the subject area.
It is obvious and he cannot hide it if he seeks certain professions - military, law enforcement, etc. - or if
he simply prefers a shorter hairstyle.
The scar bothers him.
As mentioned, he was in fights because of it not long after the incident.
He wears the long hair style in part to avoid being teased or discussions about it.
Please visit with your client about my recommendation for additional funds and advise what more is
needed at this time.
| look forward to the reply.
As always, thank you.
Sincerely,
Melodee Armstrong
214-573-2590 (Office/Not Text)
(Please pardon any typos)
EXHIBIT
eo”
From: Melodee Armstrong
Sent: Tuesday, January 23, 2024 4:53 PM
To: Karina Ragha; Lori Wiese
Ce: Bridget Mulloy; Laura King
Subject: Re: Bradley et al v. Brown - recent photos of minor Plaintiff
Hello counselors. Please confirm receipt of the recent photos and of anything more needed before you kindly respond
to my additional demand for this minor Plaintiff?
Thanks so much. The next Status conference hearing is roughly 2/12/24.
Sincerely,
Melodee Armstrong, Esq.
214-573-2590 (Office/Not Text)
(Please pardon any typos)
EXHIBIT
“fy 99
From: Lori Wiese
Sent: Wednesday, January 31, 2024 12:32 PM
To: Melodee Armstrong
Ce: Karina Ragha; Laura King; Bridget Mulloy
Subject: RE: Bradley et al v. Brown - recent photos of minor Plaintiff
| apologize for my delay in responding, Judge Armstrong. The photos and issues stated below are not sufficient to
warrant an increase in the settlement agreement by $32,500 for a cut to Plaintiff’s head on October 4, 2017. This small
healed cut occurred as result of falling glass from a light fixture after a ball was kicked into the ceiling area. Despite my
client’s complete lack of liability for this unforeseeable occurrence, a settlement was reached by agreement with
Plaintiff's counsel in 2022 and both parties’ counsel have worked diligently to have this minor settlement finalized since
that time. There is no expert documentation reflecting causation of any other injuries or need for future treatment. The
$15,000 settlement is solely for the benefit of Plaintiff and there is no evidence of outstanding medical bills. So that it is
no surprise to any party or counsel in this case, please note that we will oppose the proposed increased settlement. It is
out of line with a customary minor settlement without incurred or paid medical bills or indication of future treatment for
a six-year-old cut. Thank you for your time and consideration and let me know if you want to discuss the matter at your
convenience
FLETCHER | FARLEY
Lori B. Wiese, Of Counsel
Fletcher, Farley, Shipman & Salinas, LLP
9201 N. Central Expressway, 6" Floor
Dallas, TX 75231
214.987.9600 T | 214.987.9866 F
lori.wiese@fletcherfarley.com
www. fletcherfarley.com
map and direction
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This message and all attachments are confidential and may be protected by the attorney-client or other privileges. Any unauthorized review,
use, distribution is prohibited. If you believe this message has been sent to you in error, please notify the sender by replying to this
transmission and delete the message without first disclosing it. Unless otherwise noted, this message does not create an attorney-client
relationship in the absence of such an existing relationship. Thank you.
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Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Laura King on behalf of Lori Wiese
Bar No. 21436710
laura.king@ fletcherfarley.com
Envelope ID: 84220465
Filing Code Description: Objection
Filing Description: DEFENDANTS/TO PROPOSED MINOR
SETTLEMENT IN EXCESS OF AGREEMENT
Status as of 2/7/2024 9:48 AM CST
Associated Case Party:
J AMEL EVANS
Name BarNumber | Email TimestampSubmitted Status
Daryoush Toofanian efileDT@ radlawfirm.com 2/6/2024 5:00:45 PM SENT
Daryoush Toofanian efileDT@ radlawfirm.com 2/6/2024 5:00:45 PM SENT
Associated Case Party: ] E
Name BarNumber Email TimestampSubmitted Status
Daryoush Toofanian efileDT@ radlawfirm.com 2/6/2024 5:00:45 PM SENT
Associated Case Party: DIAN BROWN
Name BarNumber | Email TimestampSubmitted | Status
Lori Wiese | 21436710 lori.wiese@ fletcherfarley.com | 2/6/2024 5:00:45 PM SENT
Case Contacts
Name BarNumber | Email TimestampS ubmitted Status
Vonciel J ones Hill 10961900 voncielhill@ aol.com 2/6/2024 5:00:45 PM SENT
Francine Ly fly@ dallascourts.org 2/6/2024 5:00:45 PM SENT
Karina Ragha karina.ragha@ fletcherfarley.com 2/6/2024 5:00:45 PM SENT
Lori B.Wiese lori.wiese@ fletcherfarley.com 2/6/2024 5:00:45 PM SENT
Laura E.King laura.king@ fletcherfarley.com 2/6/2024 5:00:45 PM SENT
Bridget DMulloy bridget.mulloy@ fletcherfarley.com 2/6/2024 5:00:45 PM SENT
Associated Case Party: MELODEE ARMSTRONG
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Laura King on behalf of Lori Wiese
Bar No. 21436710
laura.king@ fletcherfarley.com
Envelope ID: 84220465
Filing Code Description: Objection
Filing Description: DEFENDANTS/TO PROPOSED MINOR
SETTLEMENT IN EXCESS OF AGREEMENT
Status as of 2/7/2024 9:48 AM CST
Associated Case Party: MELODEE ARMSTRONG
Name BarNumber | Email TimestampS ubmitted | Status
Melodee Armstrong melodee@ melodeearmstrong.com | 2/6/2024 5:00:45 PM SENT
Preview
I 2/6/2024 5:00 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA” CAUSE NO. DC-19-12602 ERICA BRADLEY, INDIVIDUALLY, AND A/N/F § IN THE DISTRICT COURT OF J.E., A MINOR CHILD, § PLAINTIFFS, § § V. § 134™ JUDICIAL DISTRICT DIAN BROWN, INDIVIDUALLY AND D/B/A THE LITTLE RASCALS DAYCARE, DEFENDANTS. DALLAS COUNTY, TEXAS DEFENDANTS’ OBJECTIONS TO PROPOSED MINOR SETTLEMENT IN EXCESS OF AGREEMENT COMES NOW, DEFENDANTS DIAN BROWN, INDIVIDUALLY AND D/B/A THE LITTLE RASCALS DAYCARE and file this DEFENDANTS’ OBJECTION TO PROPOSED MINOR SETTLEMENT IN EXCESS OF AGREEMENT. In support thereof, Defendants show the Court as follows: I SUMMARY OF CASE Plaintiffs Erica Bradley, individually, and as Next Friend of J.E., a Minor sued Defendant Dian Brown, Individually and d/b/a The Little Rascals Daycare for personal injuries associated with Defendants’ premises. The minor Plaintiff is represented by Erica Bradley, his mother and guardian. On October 4, 2017, when the minor Plaintiff was eight years old, it is alleged he was injured when a ball was kicked into a ceiling light fixture and falling glass cut his head. Suit was originally filed by Plaintiff on August 20, 2019. On or about April 2022, a full settlement of $15,000 was agreed to by Plaintiffs through their counsel and Defendants. The Defendants’ Motion for New Trial and to Set Aside Default Judgment was granted on February 7, 2023. On January 19, 2023, Defendants filed an answer denying all claims and liabilities. A Motion for the Appointment of a Guardian Ad Litem was filed on February 7, 2023. An appointment was made, but the appointee was unable to timely review the matter. The parties requested the appointment of a new Guardian Ad Litem and Melodee Armstrong was appointed on July 14, 2023. Ms. Armstrong emailed all parties on November 3, 2023, after she met with minor Plaintiff and his mother in Tyler, Texas. The minor is now 15. Ms. Armstrong requested Defendants to consider a “GAL request of $32,500 in additional settlement monies and for part of the total amount to be set aside into the registry for counseling and therapy services for the minor. Please see Exhibit A, email of November 3, 2023. On January 12, 2024, Ms. Armstrong advised of her same opinions presented in her email of «“ November 3, 2023, regarding minor Plaintiff: ...-he chooses to wear long hairstyles to cover the scar. Hair does not grow in the space. You can even see where some of the skin either keloided and is even more scarred towards the top of the subject area. It is obvious and he cannot hide it if he seeks certain professions - military, law enforcement, etc. - or if he simply prefers a shorter hairstyle. The scar bothers him. As mentioned, he was in fights because of it not long after the incident. He wears the long hair style in part to avoid being teased or discussions about it.” Please see Exhibit B, email of January 12, 2024. A follow up to this inquiry on January 23, 2024, Ms. Armstrong specifically requests “...anything more needed before you kindly respond to my additional demand for this minor Plaintiff?” The email also advised that the next Status Conference hearing is roughly February 21, 2024, but no notice has been received. Please see Exhibit C, email of January 23, 2024. On January 31, 2024, the undersigned replied to Ms. Armstrong’s additional demand: “T apologize for my delay in responding, Judge Armstrong. The photos and issues stated below are not sufficient to warrant an increase in the settlement agreement by $32,500 for a cut to Plaintiff's head on October 4, 2017. This small, healed cut occurred as result of falling glass from a light fixture after a ball was kicked into the ceiling area. Despite my client’s complete lack of liability for this unforeseeable occurrence, a settlement was reached by agreement with Plaintiff's counsel in 2022 and both parties’ counsel have worked diligently to have this minor settlement finalized since that time. There is no expert documentation reflecting causation of any other injuries or need for future treatment. The $15,000 settlement is solely for the benefit of Plaintiff and there is no evidence of outstanding medical bills. So that it is no surprise to any party or counsel in this case, please note that we will oppose the proposed increased settlement. It is out of line with a customary minor settlement without incurred or paid medical bills or indication of future treatment for a six-year-old cut. Thank you for your time and consideration and let me know if you want to discuss the matter at your convenience.” Please see Exhibit D, January 31, 2024. No further communications have been received by Ms. Armstrong or Plaintiffs counsel. Please see Exhibit D, January 31, 2024. IL. REQUEST FOR ADDITIONAL SETTLEMENT FUNDS IS OUTSIDE THE BOUNDARIES OF A GUARDIAN AD LITEM Texas Rules of Civil Procedure 173.4 provides that the role of the guardian ad litem is that of an officer and advisor to the court. A guardian ad litem must determine and advise the court whether a party’s next friend or guardian has an interest adverse to the party. When an offer has been made to settle the claim, the guardian ad litem has the limited duty to determine and advise the court whether the settlement is in the party’s best interest. The role does not include the making of counter demands. In the majority of personal injury cases in which a guardian ad litem is appointed to protect the interests of a minor plaintiff, his/her primary responsibility is to review the settlement agreement between the minor and the defendant. The ad litem is required to determine whether the agreed-upon settlement is fair, reasonable and in the best interests of the minor. The guardian ad litem then reports his/her determination to the court. After evaluating the ad litem’s report, the court will either approve or reject the settlement agreement. Byrd v. Woodruff, 891 S.W.2d 689, 707 (Tex.App.-Dallas 1994, writ denied). The most significant role of the guardian ad litem is to determine if the settlement is fair, reasonable and in the minor's best interest, not the parents or plaintiff's attorney. Jd. at 706. There is no indication in this case that the settlement is not in the best interest of the minor Plaintiff, as there is no settlement negotiated for the parent/guardian and no outstanding medical expenses or future medical expenses produced. When evaluating the minor's damages, a reasonable settlement should not be analyzed in terms of the most the defendant will offer to pay or the least the plaintiff will accept but be determined in terms of the probable trial outcome. Defendants do not admit to any negligence in this accident and the settlement was an offer and negotiation of good faith for a healed cut on the minor’s head seven years ago. There is no precedence for such a demand by a guardian ad litem and no evidence submitted by Plaintiff's counsel to support such an additional settlement amount. It is not reasonable to anticipate that a jury would award the minor Plaintiff a total of $47,500 in personal injury damages for sustaining a cut on his head in which no surgical intervention was necessary and it is healed without incident. Please see Exhibit E, emailed photographs of minor Plaintiff from Ms. Armstrong. WHEREFORE, PREMISES CONSIDERED, Defendants pray that this Motion be set for hearing at the time of the Final Hearing on Minor Settlement, and after consideration thereof, the Court grant this Motion and approve the agreed settlement by Plaintiff and Defendants, and for such other and further relief to which they may show themselves to be justly entitled. Respectfully submitted, FLETCHER, FARLEY SHIPMAN & SALINAS, LLP /s/ Lori B. Wiese LORI B. WIESE State Bar No. 21436710 9201 N. Central Expwy., Suite 600 Dallas, Texas 75231 214-987-9600 214-987-9866 fax lori.wiese@fletcherfarley.com ATTORNEYS FOR DEFENDANTS DIAN BROWN, INDIVIDUALLY AND D/B/A THE LITTLE RASCALS DAYCARE CERTIFICATE OF CONFERENCE On January 31, 2024, Defendants’ counsel contacted the Guardian Ad Litem, Ms. Armstrong, advising of the objections set forth above requesting further evidence to support the proposed additional settlement monies, but no response was received. On February 6, 2024, Defendants’ counsel forwarded the emails to Plaintiff's counsel as it does not appear counsel was copied. No response was received. /s/ Lori B. Wiese Lori B. Wiese CERTIFICATE OF SERVICE The undersigned certifies that on this 6'" day of February, 2024 a copy of the foregoing document was delivered by e-serve to all counsel of record. /s/ Lori B. Wiese Lori B. Wiese EXHIBIT 66 A” From: Melodee Armstrong Sent: Friday, November 3, 2023 3:34 PM To: Lori Wiese; Daryoush Toofanian Ce: Lourdes Lopez; Laura King Subject: Re: Judgment. Erica Bradley, Individually and ANF of J.E., a minor v. Dian Brown, Individually and d/b/a the Little Rascals Daycare Good day all. | finally had a chance to visit with Ms. Bradley and her son Jemel in person in Tyler, Texas, last weekend. They were most pleasant, especially Jemel. Confidentially, they are experiencing some housing (and transportation) challenges that are difficult and saddening. In visiting with Jemel, | learned that this incident and scar have bedeviled him. He was teased and taunted at school and got into fights. That continued. The laceration and scar resulted in permanent disfigurement. He has never liked the scar, finds it upsetting, and he began intentionally growing his hair in a twisted style to hide it. He will probably never wear a short hair cut, which styles are required for ROTC, military or law enforcement careers, as an example, unless he receives needed counseling and learns coping skills. | touched the scar. After staples and stitches, the hair struggles to grow within the scar. Lori thank you for the phone visit not long ago. Please see the attached photos. The photos of Jemel ina light brown zip up hoodie are from visit with him last Saturday 10/28/23. This intent occurred in 2017 when Jemel was 8. Jemel is 14 and will be 15 next week. He will present exceptionally well to any jury. This case was likely resolved some time ago or before we had a full appreciation of the disfigurement and extent of same. At this time, please visit with your client Ms. Wiese and ask them to consider a GAL request of $32,500 in additional settlement funds part of which may be carved out and set aside into the registry for counseling and therapy services for Jemel. We are in the 134th and I'd rather we attempt to appear unified on the settlement amounts and terms. | hope that you agree? If we need to push the hearing date, the 134th and Judge Tillery are great about setting us most any time. Fear not as we should still be able to complete our prove with entry of judgment this month. Thank you for your time and attention. Please alert or call me with any questions or concerns. Sincerely, Melodee Armstrong 214-573-2590 (Office/Not Text) EXHIBIT “B 99 From: Melodee Armstrong Sent: Friday, January 12, 2024 11:30 AM To: Lori Wiese Ce: Bridget Mulloy ; Wendy Swartzell ; Karina Ragha Subject: Bradley et al v. Brown - recent photos of minor Plaintiff [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello Attorney Lori and thank you and your client for your patience. You may have seen my note regarding part of the delay for the next Friend and her recent housing challenges. Please see recent photos of the minor Plaintiff and of the scar/disfigurement in his head. As mentioned, he chooses to wear long hairstyles to cover the scar. Hair does not grow in the space. You can even see where some of the skin either keloided and is even more scarred towards the top of the subject area. It is obvious and he cannot hide it if he seeks certain professions - military, law enforcement, etc. - or if he simply prefers a shorter hairstyle. The scar bothers him. As mentioned, he was in fights because of it not long after the incident. He wears the long hair style in part to avoid being teased or discussions about it. Please visit with your client about my recommendation for additional funds and advise what more is needed at this time. | look forward to the reply. As always, thank you. Sincerely, Melodee Armstrong 214-573-2590 (Office/Not Text) (Please pardon any typos) EXHIBIT eo” From: Melodee Armstrong Sent: Tuesday, January 23, 2024 4:53 PM To: Karina Ragha; Lori Wiese Ce: Bridget Mulloy; Laura King Subject: Re: Bradley et al v. Brown - recent photos of minor Plaintiff Hello counselors. Please confirm receipt of the recent photos and of anything more needed before you kindly respond to my additional demand for this minor Plaintiff? Thanks so much. The next Status conference hearing is roughly 2/12/24. Sincerely, Melodee Armstrong, Esq. 214-573-2590 (Office/Not Text) (Please pardon any typos) EXHIBIT “fy 99 From: Lori Wiese Sent: Wednesday, January 31, 2024 12:32 PM To: Melodee Armstrong Ce: Karina Ragha; Laura King; Bridget Mulloy Subject: RE: Bradley et al v. Brown - recent photos of minor Plaintiff | apologize for my delay in responding, Judge Armstrong. The photos and issues stated below are not sufficient to warrant an increase in the settlement agreement by $32,500 for a cut to Plaintiff’s head on October 4, 2017. This small healed cut occurred as result of falling glass from a light fixture after a ball was kicked into the ceiling area. Despite my client’s complete lack of liability for this unforeseeable occurrence, a settlement was reached by agreement with Plaintiff's counsel in 2022 and both parties’ counsel have worked diligently to have this minor settlement finalized since that time. There is no expert documentation reflecting causation of any other injuries or need for future treatment. The $15,000 settlement is solely for the benefit of Plaintiff and there is no evidence of outstanding medical bills. So that it is no surprise to any party or counsel in this case, please note that we will oppose the proposed increased settlement. It is out of line with a customary minor settlement without incurred or paid medical bills or indication of future treatment for a six-year-old cut. Thank you for your time and consideration and let me know if you want to discuss the matter at your convenience FLETCHER | FARLEY Lori B. Wiese, Of Counsel Fletcher, Farley, Shipman & Salinas, LLP 9201 N. Central Expressway, 6" Floor Dallas, TX 75231 214.987.9600 T | 214.987.9866 F lori.wiese@fletcherfarley.com www. fletcherfarley.com map and direction Wz Martindale-Hubbell a i Fibs seal Se This message and all attachments are confidential and may be protected by the attorney-client or other privileges. Any unauthorized review, use, distribution is prohibited. If you believe this message has been sent to you in error, please notify the sender by replying to this transmission and delete the message without first disclosing it. Unless otherwise noted, this message does not create an attorney-client relationship in the absence of such an existing relationship. Thank you. EXHIBIT oon 99 B ST-y-1ee18) AT) MASTS od 5 Om: IA “i ce | ie: ia Seie ra Pasties Seema Ve 7 rs . > tas 3 oa eae be ee ©: oe © 3 oe. se a ene as oe. eats 3 wows PWN oe = alas [a ve re We’ ne ny a= a Pa i a ee SD =A) ne Pa n NT = rs Comet | 5 eoa a Nar, Paw ae a i ~ ys bis. Be at iY, = CSE Pa: ae +ia J, ap) Se i bora) Ny ae r= LLNS = a ars i= os Page ra 5 n\ OT Bowes as ee DO cay si Paint “SS ~S — > eX mi ) 8 S > = a) ca As Ss > x a a Son NG Ss ~) .Y) 3 in ~ SS cre =e 7 st | Le aA an K~3a = Ss AS, i I oe Ae ee fy Sera oS =e Pai be I 7. 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Laura King on behalf of Lori Wiese Bar No. 21436710 laura.king@ fletcherfarley.com Envelope ID: 84220465 Filing Code Description: Objection Filing Description: DEFENDANTS/TO PROPOSED MINOR SETTLEMENT IN EXCESS OF AGREEMENT Status as of 2/7/2024 9:48 AM CST Associated Case Party: J AMEL EVANS Name BarNumber | Email TimestampSubmitted Status Daryoush Toofanian efileDT@ radlawfirm.com 2/6/2024 5:00:45 PM SENT Daryoush Toofanian efileDT@ radlawfirm.com 2/6/2024 5:00:45 PM SENT Associated Case Party: ] E Name BarNumber Email TimestampSubmitted Status Daryoush Toofanian efileDT@ radlawfirm.com 2/6/2024 5:00:45 PM SENT Associated Case Party: DIAN BROWN Name BarNumber | Email TimestampSubmitted | Status Lori Wiese | 21436710 lori.wiese@ fletcherfarley.com | 2/6/2024 5:00:45 PM SENT Case Contacts Name BarNumber | Email TimestampS ubmitted Status Vonciel J ones Hill 10961900 voncielhill@ aol.com 2/6/2024 5:00:45 PM SENT Francine Ly fly@ dallascourts.org 2/6/2024 5:00:45 PM SENT Karina Ragha karina.ragha@ fletcherfarley.com 2/6/2024 5:00:45 PM SENT Lori B.Wiese lori.wiese@ fletcherfarley.com 2/6/2024 5:00:45 PM SENT Laura E.King laura.king@ fletcherfarley.com 2/6/2024 5:00:45 PM SENT Bridget DMulloy bridget.mulloy@ fletcherfarley.com 2/6/2024 5:00:45 PM SENT Associated Case Party: MELODEE ARMSTRONG Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Laura King on behalf of Lori Wiese Bar No. 21436710 laura.king@ fletcherfarley.com Envelope ID: 84220465 Filing Code Description: Objection Filing Description: DEFENDANTS/TO PROPOSED MINOR SETTLEMENT IN EXCESS OF AGREEMENT Status as of 2/7/2024 9:48 AM CST Associated Case Party: MELODEE ARMSTRONG Name BarNumber | Email TimestampS ubmitted | Status Melodee Armstrong melodee@ melodeearmstrong.com | 2/6/2024 5:00:45 PM SENT