CAUSE N0.

CC-20-01579-E

WILLIAM GOFF as Personal IN THE COUNTY COURT

§§§§§§§§§§§§§§§§§§
Representative of BETTY JO MCCLAIN
THOMAS, deceased; CHRISTOPHER
THOMAS, as Guardian of CHARLES
THOMAS; CINDY RINGNESS;
CHERYL GOFF; and CHARLOTTE
GLOVER,

Plaintiffs

AT LAW NO. 5

ROY JAMES HOLDEN, JR.; CHARTER

COMMUNICATIONS, LLC,
DALLAS COUNTY
Defendants.

FINAL JUDGMENT

This matter was tried before this Court in a bifurcated jury trial.

Phase 1 started on June 6, 2002, and resulted in a jury verdict on June 23, 2022. See Charge

of Court, attached as Exhibit A. The jury found: Roy James Holden, Jr. (Holden), committed an

assault against Betty Jo McClain Thomas (Mrs. Thomas); Charter Communications, LLC’s

(Charter) negligence proximately caused Mrs. Thomas’s death; Holden’s comparative

responsibility for Mrs. Thomas’s death was 10% and Charter's comparative responsibility was

90%; Mrs. Thomas’s estate and her four adult children were entitled to recover actual damages;

and Mrs. Thomas’s death was caused by Charter’s gross negligence.

Phase 2 started on July 25, 2022, and resulted in a jury verdict on July 26, 2022. See Charge

of Court, attached as Exhibit B. The jury found: Plaintiffs were entitled to receive exemplary _

damages against Charter for its gross negligence found in Phase 1; the exemplary damages should

00—20 —01579 -E
DFJ
FINAL JUDGMENT
2609537
be equally apportioned so that the estate of Mrs. Thomas and her four children would each receive

20% Of the exemplary damages; and Charter knowingly unintentionally committed forgery with

the intent to defraud or harm Plaintiffs.

After the jury verdict, and before the entry of this Judgment, Plaintiffs have voluntarily

remitted a substantial amount of the exemplary damages pursuant to Rule 315.

The Court, after considering the evidence introduced at trial, the verdict of the jury, the

voluntary remittitur of the Plaintiffs, the written and oral arguments of counsel, and the applicable

law, is of the opinion that judgment should be entered in favor of the Plaintiffs.

Therefore, it is ordered, adjudged, and decreed that:

William Goff, as personal representative of Betty Jo McClain Thomas, deceased, shall

recover: $90,000,000 in actual damages against Charter Communications, LLC; $10,000,000

against either Roy James Holden or Charter Communications, LLC, jointly and severally; and

$ 150,000,000 in exemplary damages against Charter Communications, LLC. In addition, William

Goff, as personal representative of Betty Jo McClain Thomas, deceased, shall recover against

Charter Communications, LLC, pre-judgment interest of 5% simple interest on $90,000,000,

calculated from March 23, 2020 to October 6, 2022, which is $11,428,767, and shall recover

against either Charter Communications, LLC or Roy James Holden, pre-judgment interest of 5%

simple interest on $10,000,000, calculated from March 23, 2020 to October 6, 2022, which is

$1,269,863.

Charles Thomas shall recover: $62,100,000 in actual damages against Charter

Communications, LLC; $6,900,000 in actual damages against either Roy James Holden or Charter

Communications, LLC, jointly and severally; and $150,000,000 in exemplary damages against

Charter Communications, LLC. In addition, Charles Thomas shall recover against Charter
Communications, LLC, pre-judgment interest of 5% simple interest on $20,700,000, calculated

from March 23, 2020 to October 6, 2022, which is $2,628,616, and shall recover against either

Charter Communications, LLC or Roy James Holden, pre-judgment interest of 5% simple interest
on $2,300,000, calculated from March 23, 2020 to October 6, 2022, which is $292,068.

Cindy Ringness shall recover: $60,300,000 in actual damages against Charter

Communications, LLC; $6,700,000 against either Roy James Holden or Charter Communications,

LLC, jointly and severally; and $150,000,000 in exemplary damages against Charter

Communications, LLC. In addition, Cindy Ringness shall recover against Charter

Communications, LLC, pre-judgrnent interest of 5% simple interest on $15,300,000, calculated

from March 23, 2020 to October 6, 2022, which is $1,942,890, and shall recover against either

Charter Communications, LLC or Roy James Holden, pie-judgment interest of 5% simple interest
on $1,700,000, calculated from March 23, 2020 to October 6, 2022, which is $215,877.

Cheryl Goff shall recover: $60,300,000 in actual damages against Charter

Communications, LLC; $6,700,000 against either Roy James Holden or Charter Communications,

LLC, jointly and severally; and $150,000,000 in exemplary damages against Charter

Communications, LLC. In addition, Cheryl Coff shall recover against Charter Communications,

LLC, pre-judgment interest of 5% simple interest on $15,300,000, calculated from March 23, 2020
to October 6, 2022, which is $1,942,890, and shall recover against either Charter Communications,

LLC or Roy James Holden, pre—judgment interest of 5% simple interest on $1,700,000, calculated
from March 23, 2020 to October 6, 2022, which is $215,877.

Charlotte Glover shall recover: $64,800,000 in actual damages against Charter

Communications, LLC; $7,200,000 against either Roy James Holden or Charter Communications,

LLC, jointly and severally; and $150,000,000 in exemplary damages against Charter
 Communications, LLC. In addition, Charlotte Glover shall recover against Charter

Communications, LLC, pre—judgment interest of 5% simple interest on $15,300,000, calculated

from March 23, 2020 to October 6, 2022, which is $1,942,890, and shall recover against either

Charter Communications, LLC or Roy James Holden, pre-judgment interest of 5% simple interest
on $1,700,000, calculated from March 23, 2020 to October 6, 2022, which is $215,877.

Additionally, Plaintiffs William Goff, as personal representative of Betty Jo McClain

Thomas, deceased, Charles Thomas, Cindy Ringness, Cheryl Goff, and Charlotte Glover are

entitled to post—judgment interest on the amounts awarded to them at the rate of 5% per annum on

the total amount of the judgment from the date this Judgment is signed until paid.
I

All costs of court shall be assessed against Charter Communications, LLC.

This Judgment disposes of all claims and all parties, and any relief that is not expressly

granted is denied. This Judgment is intended to be a final and appealable judgment.

\Signedon fl fl, 2022.

The on ab 1131]
Dal at aw #5
EXHIBIT A
 Electronically Served
6l24I2022 1:30 PM

Presiding Juror

CAUSE NO. CC-20-01579-E

WILLIAM GOFF as Personal § IN THE'CO-UNTY COURT

Representative of BETTY JO MCCLAIN §
——'HIQMAS,—&eeeased, CHRISTCPHER §
THOMAS, as Guardian of CHARLES § g g
THOMAS; CINDY RINGNESS; § E gab
CHERYL GOFF; and CHARLOTTE § 5.; figs
GLOVER, N 2355::
§ w
§ E47355
Plaintiffs, §
3 953°
§
‘-’-‘

AT LAW-310%
i“?
v. §
§
ROY JAMES HOLDEN, JR.; and §
CHARTER COMMUNICATIONS, LLC, §
,
§
Defendants. § DALLAS COUNTY, TEXAS

CHARGE OF COURT

MEMBERS OF THE JURY:

After the closing arguments, you will go to the jury room to decide the
case, answer the questions that are attached, and reach a verdict. You may
discuss the case with other jurors only when you are all together in the jury
room.

Remember my previous instructions: Do not discuss the case with

anyone else, either in person or by any other means. Do not do any independent
investigation about the case or conduct any research. Do not look up any words
in dictionaries or on the Internet. Do not post information about the case on
the Internet. Do not share any special knowledge or experiences with the other
jurors. Do not use your phone or any other electronic device during your
deliberations for any reason. I will give you a number where others may contact
you in case of an emergency.

You must leave your notes with the bailiff when you are not deliberating.
The bailiffwill give your notes to me promptly after collecting them from you.

ACTIVE 648394552
 I will make sure your notes are kept in a safe, secure location and not disclosed
to anyone. After you complete your deliberations, the bailiff will collect your
notes; Wheii Sic-u are" 'released from jury duty, the bailiff W'illmbromptly destroy
your notes so that nobody can read what you wrote.

Here are the instructions for answering the questions:

1. Do—not—let—b-i-a-sruprej-udiceror—sym-pathy play—any part—in—yo—u—r-

decision.
2. Base your answers only on the evidence admitted in court and on
the law that is in these instructions and questions. Do not consider or discuss
any evidence that was not admitted in the courtroom.

v
3. You are to make up your own minds about the facts. You are the
sole judges of the credibility of the witnesses and the weight to give their
testimony. But on matters of law, you must follow all of my instructions.
4. If my instructions
use a word in a way that is different from its
ordinary meaning, use the meaning I give you, which will be a proper legal
definition.

5. All the questions and answers are important. No one should say
that any question or answer is not important.

6. Answer “yes” or “no” to all questions unless you are told otherwise.
. A “yes" answer must be based on a preponderance of the evidence unless you
are told otherwise. Whenever a question requires an answer other than “yes”
or “no,” your answer must be based on a preponderance of the evidence unless
you are told otherwise.

The term “preponderance of the evidence’ means the greater weight of

the credible evidence presented in this case. If you do not find that a
preponderance of the evidence supports a “yes” answer, then answer “no.” A
preponderance of the evidence is not measured by the number of witnesses or
by the number of documents admitted in evidence. For a fact to be proved by a
preponderance of the evidence, you must find that the, fact is more likely true
than not true.

7. A fact may be established by direct evidence or by circumstantial

evidence or both. A fact is established by direct evidence when proved by
documentary evidence or by witnesses who saw the act done or heard the words
spoken. A fact is established by circumstantial evidence when it may be fairly
and reascnably inferred from other fact proved

8. Do not increase or reduce the amount in one answer because of

a. .
0| II.

any party’ s ultixnate recovery may or nlay not be. Any recovery will be
determined by the Court when it applies the law to the answers at the time of
judgment.
9. Do not decide who you think should win before you answer the
questions and then just answer the questions to match your decision. Answer
each question carefully without considering who will win. Do not discuss or
consider the efl'ect your answers will have.

10. Do not answer questions by drawing straws or by any method of

chance.

11. Some questions might ask you for a dollar amount. Do not agree in
advance to decide on a dollar amount by adding up each juror’s amount and
then figuring the average.

12. Do not trade your answers. For example, do not say, “I will answer
this question your way if you answer another question my way.”

13. Unless otherwise instructed, the answers to the questions must be

based on the decision of at least five of the six jurors. The same five jurors must
agree on every answer. Do not agree to be bound by a vote of anything less than
five jurors, even if it would be a majority.

As I have said before, if you do not follow these instructions, you will be
guilty of juror misconduct, and I might have to order a new trial and start this
process over again. This would waste your time and the parties’ money, and
would require the taxpayers of this county to pay for another trial. If a juror
breaks any of these rules, tell that person to stop and report it to me
immediately.

.3.
 SPECIAL INSTRUCTION
You are instructed that Charter failed to preserve video surveillance footage of
the parking lot where Holden accessed a company van before and after he
m” H
ember122 um- -'erthatt'
evidence would have been unfavorable to Charter on the following issues:

a) whether—Gharter—rea—sona—bly monitored—and—supe—rv—isedHHoldenls
access and use of the Spectrum van;

b) whether an employee of Charter was aware that Holden made contact

with Ms. Thomas after the December 11, 2019 visit;

c) whether an employee of Charter was present when Holden called Ms.

Thomas on December 12, 2019;

d) whether an employee of Charter assisted Holden with accessing his

van on December 12, 2019;

e) whether an employee of Charter assisted Holden with accessing Ms.

Thomas’s Spectrum account on December 12, 2019;

f) Whether an employee of Charter had actual knowledge that Holden

went to Ms. Thomas’s home on December 12, 2019; or

g) whether Charter recklessly tolerated the criminal act or acts, if any,

of Holden.

You are instructed that any inference you draw from the missing video
surveillance footage must be reasonable.
 DEFINITIONS
1. “Plaintiffs” means William Goff, as Personal Representative of Betty Jo
McClain Thomas, deceased, Christopher Thomas, as Guardian of
I'll homa‘ Cind Rin Che lGoff. and Charlotte Glover.

2. “Charter” means Charter Communications, LLC.

3. "Holden” means Roy James Holden, Jr.

4. “Ms. Thomas” means Betty Jo McClain Thomas, deceased.
 Presiding Juror:
1. When you go into the jury room to answer the questions, the first
thing you will need to do is choose a presiding juror.
2. The presidmg Juror has these dunes:

a' have the complete charge read aloud if it will be helpful to your
deliberations;

preside over your deliberations, meaning manage the

discussions, and see that you follow these instructions;

give written questions or comments to the bailiff who will give

them to the judge;

write down the answers you agree on;

8. get the signatures for the verdict certificate; and

f. notify the bailifi' that you have reached a verdict.

Do you understand the duties of the presiding juror? If you do not, please
tell me now.
 QUESTION 1

Did Holden commit an assault against Ms. Thomas?

A person commits an assault if he intentionally, knowingly, or recklessly

causes bodily inJury to another. You are instructed that a murder constitutes
an assault.

A person intentionally causes bodily injury to another if it is the person’s

conscious objective or desire to cause the bodily injury to another.

A person knowingly causes bodily injury to another if the person is aware that
the person’s conduct is reasonably certain to cause the bodily injury to another.

A person recklessly causes bodily injury to another if the person is aware of

but consciously disregards a substantial and unjustifiable risk that the
person’s action will cause bodily injury to another. The risk must be of such a
nature and degree that its disregard constitutes a gross deviation from the
standard of care that an ordinary uperson would exercise under all the
circumstances as viewed from the actor’s standpoint.

Answer “Yes” or “No.”

Answer: YE S

.7-
 QUESTION 2
Did the negligence, if any, of Charter proximately cause the death of Ms.
Thomas?

"Negligence" means taflure to use ordlnary care, that ls, tamng to do that
which a person of ordinary prudence would have done under the same or
———similar c—i—reums-ta—nees-opdoingtha-t—which—a-person-of—ordinary prudence—would
not have done under the same or similar circumstances. “Ordinary care” means
that degree of care that would be used by a person of ordinary prudence under
the same or similar circumstances.

“Proximate cause” means a cause, unbroken by any new and independent

cause, that was a substantial factor in bringing about an injury, and without
which cause such injury would not have occurred. In order to be a proximate
cause, the act or omission complained of must be such that a person using
ordinary care would have foreseen that the injury, or some similar injury, could
be anticipated. There may be more than one proximate cause of an injury.

A “new and independent cause” means the act or omission of a separate

and independent person or entity, not reasonably foreseeable, that destroys the
causal connection, if any, between the act or omission inquired about and the
injury in question and thereby becomes the immediate cause of such injury.
Answer “Yes” or “No.”

Answer: i ES
If you answered “Yes" to both Question 1 and Question 2, then answer the
following question. Otherwise, do not answer the following question.

QUESTION 3
Assign percentages of responsibility only to those you found caused or
contributed to cause the death of Ms. Thomas.

The percentages you find must total 100 percent. The percentages must be
expressed in whole numbers. The percentage of responsibility attributable to
any one is not necessarily measured by the number of acts or omissions found.
For each party you found caused or contributed to cause the death of Ms.
Thomas, find the percentage of responsibility attributed to each:

1. Holden: lo %

2. Charter: qo %

Total: 100 %
Answer the following question if you answered “Yes” to either Question 1 or
Question 2. Otherwise, do not answer the following question.

QUESTION 4
What sum of money, 1: any, it paid now in cash. would have fairly and
reasonably compensated Ms. Thomas for her pain and mental anguish?
“Pain and mental anguish” means the conscious physical pain and
emotional pain, torment, and suffering of Ms. Thomas before her death as a
result of the occurrence in question.

Answer in dollars and cents for damages, if any.

$
Answer: loo! 000‘ 000. 00
Any recovery will be determined by the court when it applies the law to your
answers at the time of judgment.

-10-
 Answer the following question if you answered “Yes” to either Question 1 or
Question 2. Otherwise, do not answer the following question.

QUESTION 5
What sum of money, 1f any, 1f paid now 1n cash, would falrly and reasonably
compensate Charles Thomas for his damages, if any, resulting from the death
of his mother, Ms. Thomas?

Consider the elements of damages listed below and none other. Consider each
element separately. Do not award any sum of money on any element if you
have otherwise, under some other element, awarded a sum of money for the
same loss. That is, do not compensate twice for the same loss, if any. Do not
include interest on any amount of damages you find.

Answer separately, in dollars and cents, for damages, if any. Do not reduce the
amounts, if any, in your answers because of the negligence, if any, of Ms.
Thomas. Any recovery will be determined by the court when it applies the law
i
to your answers at the time of judgment.

If the damages you found resulted in part from any preexisting injury or
condition that was causing symptoms at the time of the occurrence in question,
do not include any amount for any such preexisting injury or condition, except
to the extent the preexisting injury or condition was aggravated by the
occurrence in question.

“Pecuniary loss” means the loss of the care, maintenance, support, services,
advice, cOunsel, and reasonable contributions of a pecuniary value, excluding
the loss of inheritance, that Charles Thomas, in reasonable probability, would
have received from Ms. Thomas had she lived.

1. Pecuniary loss sustained in the past.

Answer: mo 000 00 ‘ ,
2. Pecuniary loss that, in reasonably probability, Charles Thomas will
sustain in the future.

Answer:$ lglooo' 000. w

“Loss of companionship and society” means the loss of the positive benefits
flowing from the love, comfort, companionship, and society that Charles
Thomas, in reasonable probability, would have received from Ms. Thomas had
she lived.

-11-
 3. Loss of companionship and society sustained in the past.
$
Answer: (,9. 000. 000. 00
4. Loss of companionship and society that, in reasonable probability,
Charles Thomas Will sustain in the future.

We? 193.000.000.00
“Mental anguish” means the emotional pain, torment, and suffering
experienced by Charles Thomas because of the death of Ms. Thomas.
5. Mental anguish sustained in the past.

7' 000‘ 000. 00

99
Answer:

6. Mental anguish that, in reasonable probability, Charles Thomas will

sustain in the future.

Mimi 0 00,000.00
In determining damages for elements 3, 4,: 5, and 6, you may consider the
relationship between Charles Thomas and Ms. Thomas, their living
arrangements, any extended absences from one another, the harmony of their
family relations, and their common interests and activities.

.12-
Answer the following question if you answered “Yes” to either Question 1 or
Question 2. Otherwise, do not answer the following question.

QUESTION 6
What sum of money, if any, if paid now in cash, Would fairly and reasonably
compensate Cindy Ringness for her damages, if any, resulting from the death
of her mother, Ms. Thomas?

Consider the elements of damages listed below and none other. Consider each
element separately. Do not award any sum of money on any element if you
have otherwise, under some other element, awarded a sum of money for the
same loss. That is, do not compensate twice for the same loss, if any.‘ Do not
include interest on any amount of damages you find.

Answer separately, in dollars and cents, for damages, if any. Do not reduce the
amounts, if any, in your answers because of the negligence, if any, of Ms.
Thomas. Any recovery will be determined by the court when it applies the law
to your answers at the time of judgment.

“Pecuniary loss” means the loss of the care, maintenance, support, services,
advice, counsel, and reasonable contributions of a pecuniary value, excluding
the loss of inheritance, that Charles-Thomas, in reasonable probability, would
have received from Ms. Thomas had lived.
Shé
'nd '1
WM”);
1.
Pe‘cuniary
loss sustained in the pasg:L
@
Answer: ,3, 090‘ mo. (X)
2. Pecuniary loss that, in reasonably probability, Cindy Ringness will
sustain in the future.

Answer:<3 ‘2. 000. 000 .00

“Loss of companionship and society” means the loss of the positive benefits
flowing from the love, comfort, companionship, and society that Cindy
Ringn‘ess, in reasonable probability, would have received from Ms. Thomas had
she lived.

3. Loss of companionship and society sustained in the past.

Answer:
$
SI 000,006: m

-13-
 4. Loss of companionship and society that, in reasonable probability, Cindy
Ringness will sustain in the future.
Answer}, if i), Q 00‘ Ow. OD
"Mental anguish” means the emotional pain, torment, and suffering
experienced by Cindy Ringness because of the death of Ms. Thomas.

5. Mental anguish sustained in the past.

Answer:§_1,_0_001000.I O 0
I

6. Mental anguish that, in reasonable probability, Cindy Ringness will

sustain in the future.
20 000 .
Answers 1 0001
006.1% {2'va @
In determining damages for 3, 4, 5, and 6, you may consider the
elements
'

relationship between s and Ms. Thomas, their living

'

arrangements, any extended absences from one another, the harmony of their
family relations, and their common interests and activities.

14-
 Answer the following question if you answered “Yes” to either Question 1 or
Question 2. Otherwise, do not answer the following question.

QUESTION 7
What sum of money, 1f any, if paid now in cash, would fairly and reasonably
compensate Cheryl Goff for her damages, if any, resulting from the death of
—--he-1Lmother,—Ms.—Thomas?

Consider the elements of damages listed below and none other. Consider each
element separately. Do not award any sum of money on any element if you
have otherwise, under some other element, awarded a sum of money for the
same loss. That is, do not compensate twice for the same loss, if any. Do not
include interest on any amount of damages you find.

Answer separately, in dollars and cents, for damages, if any. Do not reduce the
amounts, if any, in your answers because of the negligence, if any, of Ms.
Thomas. Any recovery will be determined by the court when it applies the law
to your answers at the time of judgment.

“Pecuniary loss” means the loss of the care, maintenance, support, services,
advice, counsel, and reasonable contributions of a pecuniary value, excluding
the loss of inheritance, that reasonable probability, would
have received from Ms. Thomas had she live .
0A“? a059,
4 y

1. Pecuniary loss sustained in the past.

Answer:$ :3; 000‘ 000: 00
2. Pecuniary loss that, in reasonably probability, Cheryl Goff will sustain
in the future.
Answer:
moo‘ 000. 00
“Loss of companionship and society” means the loss of the positive benefits
flowing from the love. comfort, companionship, and society that Cheryl Goff, in
reasonable probability, would have received from Ms. Thomas had she lived.

3. Loss of companionship and society sustained in the past.

Answer: 000. OO
4. Loss of companionship and society that, in reasonable probability,
Cheryl Goff will sustain in the future.

.15.
 3;"

Answer: lEiIOOO, 000- 00

“Mental anguish” means the emotional pain, torment, and suffering
experienced by Cheryl Goff because of the death of Ms. Thomas.

5. Mental anguish sustained 1n the past.

Answerq, 7‘0001000.OO
6. Mental anguish that, in reasonable probability, Cheryl Goff will sustain
in the future.
‘3
Answer: 20 I GOO; 000, 00
In determining damages for elements 3, 4, 5, and 6, you may consider the
.

relationship between Cheryl Goff and Ms. Thomas, their living arrangements,
any extended absences from one another, the harmony of their family relations,
and their common interests and activities.

16-
 Answer the following question if you answered “Yes” to either Question 1 or
Question 2. Otherwise, do not answer the following question.

QUESTION 8
What sum of money, if any, if paid now in cash, would. fairly and reasonably
compensate Charlotte Glover for her damages, if any, resulting from the death
of her mother, Ms. Thomas?

Consider the elements of damages listed below and none other. Consider each
element separately. Do not award any sum of money on any element if you
have otherwise, under some other element, awarded a sum of money for the
same loss. That is, do not compensate twice for the same loss, if any. Do not
include interest on any amount of damages you find.

Answer separately, in dollars and cents, for damages, if any. Do not reduce the
amounts, if any, in your answers because of the negligence, if any, of Ms.
Thomas. Any recovery will be determined by the court when it applies the law
to your answers at the time of judgment.

“Pecuniary loss” means the loss of the care, maintenance, support, services,
advice, counsel, and reasonable contributions of a pecuniary value, excluding

have received from Ms. Thomas had she lived. \

the loss of inheritance, that Sharks—W, in reasonable probability, would

Chm. [DH-o
1. loss sustained in the past.
Peguniary
Answer: 5' 00 000. 00
Q ,

2. Pecuniary loss that, in reasonably probability, Charlotte Glover will

sustain in the future.

Answer:$ ‘1'. O 0 O( 000 - OO

“Loss of companionship and society” means the loss of the positive benefits
flowing from the love, comfort, companionship, and society that Charlotte
Glover, in reasonable probability, would have received from Ms. Thomas had
she lived.

3.Loss of companionship and society sustained in the past.

S
Answer: 6g oooimosoo

-17-
 4. Loss of companionship and society that, in reasonable probability,
Charlotte Glover will sustain in the future.
3
Answer: [E51 000‘ 000 ~00
llMental ang‘uish’F means the emotional pain, torment, and sufi'ering
experienced by Charlotte Glover because of the death of Ms. Thomas.

5. Mental anguish sustained in the past.

Answer:$-7§ 000‘ 000. 00

6. Mental anguish that, in reasonable probability, Charlotte Glover will
sustain in the future.

Answersz. L"5,000, 000.00

In determining damages for elements 3, 4, 5, and 6, you may consider the
relationship between Charlotte Glover and Ms. Thomas, their living
arrangements, any extended absences from one another, the harmony of their
family relations, and their common interests and activities.

_
-13-
 Answer the following question if you unanimously answered “Yes” to Question
2. Otherwise, do not answer the following question.

To answer “Yes” to the following question, your answer must be unanimous.

' ‘
You Ina answer “N 0’7 to the foll _

jurors. Otherwise, you must not answer the following question.

QUESTION 9
-
Do you find by clear and convincing evidence that the death of Ms. Thomas
resulted from gross negligence of Charter?

“Clear and convincing evidence” means the measure or degree of proof that
produces a firm belief or conviction of the truth of the allegations sought to be
established.

“Gross negligence” means an act or omission by Charter,

1. which when viewed objectively from the standpoint of Charter at the
time of its occurrence involves an extreme degree of risk, considering the
probability and magnitude of the potential harm to others; and
2. of which Charter has actual, subjective awareness of the risk involved,
but nevertheless proceeds with conscious indifference to the rights,
safety, or welfare of others.
You are further instructed that Charter may be found grossly negligent
because of a criminal act of Holden if, but only if:

1. Holden was unfit and Charter acted with malice in retaining him, or

2. Charter or a manager of Charter ratified or approved the criminal act,

or

3. Holden’s criminal act was recklessly tolerated by a high managerial

agent acting on behalf of Charter and within the scope of the
managerial agent’s employment.
“Malice” means a specific intent by Charter to cause substantial injury or
harm to Ms. Thomas. In order to have specific intent, the party must have
desired to cause the consequences of the act or believed the consequences were
substantially certain to result from it.

.19.
“Ratification” is the adoption or confirmation by a party with knowledge of
all material facts of a prior act which did not then legally bind it and which it
had the right to repudiate. Ratification may occur by express act or word or it
may be inferred from a party’s course of conduct. An unauthorized signature,

A party acts “recklessly” with respect to circumstances surrounding its

conduct "or the result of its conduct when it is aware of but consciously
disregards a substantial and unjustifiable risk that the circumstances exist or
the result will occur. The risk must be of such a nature and degree that its
disregard constitutes a gross deviation from the standard of care that an
ordinary person would exercise under all the circumstances as viewed from the
actor’s standpoint.

A person is a manager of Charter if:

A. that person has authority to employ, direct, and discharge an employee
of Charter; or

B. Charter has confided to that person the management of the whole or a

department or division of the business of Charter.
A high managerial agent is:
A. an officer of Charter; or

B. an agent of Charter who has duties of such responsibility that his

conduct reasonably may be assumed to represent the policy of Charter.

Answer “Yes” or “No.”

Answer: \(E S

-20-
 Instructions for Signing the Verdict Certificate:
1. [Unless otherwise instructed] You may answer the questions on a
vote of five jurors. The same five jurors must agree on every answer in the
charge. This means you ma not hav n ree on one
answer and a different group of five jurors agree on another answer.

2. If five jurors agree on every ansWer, those five jurors sign the
verdict.

If all six of you agree on every answer, you are unanimous and only the
'
presiding juror signs the verdict.
3. All jurors should deliberate on every question. You may end up with
all six of you agreeing on some answers, while only five of you agree on other
answers. But when you sign the verdict, o'nly those five who agree on every
answer will sign the verdict.

4. There are some special instructions before Question 9 explaining

how to answer that question. Please follow the instructions. If all six of you
answer Question 9, you will need to complete a second verdict certificate for that
question.

Do you understand these instructions? If you do no tell me now.

GE

-21.
 Verdct Certificate
one:

Cf?Our verdict is unanimous.

__
— '
All six of us have agreed to each and every
ans .
residi has signed the certificate Tor all six of us.

_
4m! N CAN
Sign-fiure Juror Printed Name of Presiding Juror
ofWg
Our verdict is not unanimous. Five of us have agreed to each and every
answer and have signed the certificate below.

Signature Name Printed

1.

2.

If you have answered any part of Questions 1 through 9, then you must
sign this certificate also.

22
 Additional Certificate
I certify that the jury was unanimous in answering the following
questions. All six of us agreed to each of the answers. The presiding juror has
.
Signed tbg cenlficatg for all 313 Qfns

Answer “yes” or “no” for each of the following:

Question No. 2 :fE—S__

Question No. 9 _\{_E___S_

éAv IN CASH
Sd/gygtufe of Juror Printed Name of Presiding Juror

P‘Casidjg

-23-
EXHIBIT B
 PIZSIJ “‘5 Juvm/

CAUSE NO. CC-20-01579-E

WILLIAM GOFF as Personal § IN THE COUNTY COURT

Representative of BETTY O J §
MCCLAIN THOMAS, deceased; §
CHRISTOPHER THOMAS, as §
Guardian of CHARLES THOMAS; §
CINDY RINGNESS; CHERYL AT LAW NO. 5
§
GOFF; and CHARLOTTE CLOVER, §
§
Plaintiffs, §
§ DALLAS COUNTY, TEXAS
V. §
§
ROY JAMES HOLDEN, JR.; §
CHARTER COMMUNICATIONS, §
LLC'; §
§
Defendants. §
§

CHARGE OF COURT

MEMBERS OF THE JURY:

As you know, this is a bifurcated trial, which means it is comprised of
two phases. In the first phase, you determined:

a. the liability of both defendants for compensatory damages,

b. the liability of Charter for exemplary damages, and

c. the amount of compensatory damages.

In the second phase, you must determine the amount of exemplary

damages to be awarded, if any.
 In discharging your responsibility on this jury, y0u will observe all the
instructions that have been previously given to you during the first phase of
the trial.

After the closing arguments, you will go to the jury room to decide the
case, answer the questions that are attached, and reach a verdict.
You may
diSCuss the case with other jurors only when you are all together in the jury
room.

Remember my previous instructions: Do not discuss the case with

anyone else, either in person or by any other means. Do not do any independent
investigation about the case or conduct any research. Do not look up any words
in dictionaries or on the Internet. Do not post information about the case on
the Internet. Do not share any Special knowledge or experiences with the other
jurors. Do not use your phone or any other electronic device during your
deliberations for any reason. I will give you a number Where others may contact
you in case of an emergency.
-

You must leave your notes with the bailiff when you are not deliberating.
The bailiff will give your notes to me promptly after collecting them from you.
I will make sure your notes are kept in a safe, secure location and not disclosed
to anyone. After you complete your deliberations, the bailiff will collect your
notes. When you are released from jury duty, the bailiff 'will promptly destroy
your notes so that nobody can read what you wrote.

Here are the instructions for answering the questions:

1. Do not let bias, prejudice, or sympathy play any part in your

decision.
'

2. Base your answers only on the evidence admitted in court and on

.the law that is in these instructions and questions. Do not consider or discuss
any evidence that was not admitted in the courtroom.
*

3. You are to make up your own minds about the facts. You are the
sole judges of the credibility of the witnesses and the weight to give their
testimony. But on matters of law, you must follow all of my instructions.

If my instructions use a word in a way that is different from its

V

4.
ordinary meaning, use the meaning I give you, which will be a proper legal
definition.
 5. All the questions and answers are important. No one should say
that any question or answer is not important.

6. A fact may be established by direct evidence or by circumstantial

evidence or both. A fact is established by direct evidence when proved by
documentary evidence or by witnesses who saw the act done or heard the words
spoken. A fact is established by circumstantial evidence when it may be fairly
and reasonably inferred from'other facts proved.

7. Do not speculate about what any party’s ultimate recovery may or

may not be. Any recovery will be determined by the Court when it applies the
law to the answers at the time of judgment.

8. Do not decide who you think should win before you answer the
questions and then just answer the questions to match your decision. Answer
each question carefully without considering who will win. Do not discuss or
consider the effect your answers will have.

10. Do not answer questions by drawing straws or by any method of

chance.

11. Some questions might ask you for a dollar amount. Do not agree in
advance to decide on a dollar amount by adding up each juror’s amount and
then figuring the average.

12. Do not trade your answers. For example, do not say. “I will answer
this question your way if you answer another question my way.”

13. Unless otherwise instructed, the answers to the questions must be

based on the decision of all six jurors.

As I have said before, if you do not follow these instructions, you will be
guilty of juror misconduct, and I might have to order a new trial and start this
process over again. This would waste your time and the parties’ money, and
would require the taxpayers of this county to pay for another trial. If a juror
breaks any of these rules, tell that person to stop and report it to me
immediately.
 SPECIAL INSTRUCTION
You are instructed that you must not infer anything by Charter’s or its
not to answer
representatives’ refusal to answer questions and instructions
because of Charter’s claim of an attorney-client communication or attorney
work product privilege.
 DEFINITIONS
“Plaintiffs” means William Goff, as Personal Representative of Betty Jo
McClain Thomas, deceased, Christopher Thomas, as Guardian of
Charles Thomas, Cindy Ringness, Cheryl Goff, and Charlotte Glover.

“Charter” means Charter Communications, LLC.

“Ms. Thomas” means Betty Jo McClain Thomas, deceased.

“Person” means an individual, a corporation, or an association.

Presiding Juror:
1. When you go into the jury room to answer the questions, the first
thing you will need to do is choose a presiding juror.
2. The presiding juror has these duties:

a. have the complete charge read aloud if it will be helpful to

your deliberations;

preside over your deliberations, meaning manage the

discussions, and see that you follow these instructions;

give written questions or comments to the bailiff who will

give them to the judge;
write down the answers you agree on;

e. get the signatures for the verdict certificate; and

f. notify the bailiff that you have reached a verdict.

Do you understand the duties of the presiding juror? If you do not, please
tell me now.
 QUESTION 1

What sum of money, if any, should be assessed against Charter and

awarded to Plaintiffs as exemplary damages for the gross negligence found
during the first phase of this jury trial?
You must unanimously agree on the amount, if any, of any award of
exemplary damages. Otherwise, you must not answer this question.

“Exemplary damages” means any damages awarded as a penalty or by

way of punishment but not for compensatory purposes. Exemplary damages
includes punitive damages.

Factors to consider in awarding exemplary damages, if any, are—

1. The nature of the wrong.

2. The character of the conduct involved.

3. The degree of culpability of the wrongdoer.

4. The situation and sensibilities of the parties concerned.

5. The extent to which such conduct offends a public sense of justice

and‘propriety.

6. The net worth of Charter.

Answer in dollars and cents, if any.

Answer: M000. GOODOLLARS)

00 .

($9194 BiLLtoN
AND 2am) CENTS
 QUESTION 2

If, in your answer to Question 1. you entered any amount of exemplary

damages, then answer the following question. Otherwise, do not answer the
following question.
How do you apportion the exemplary damages awarded against Charter
among the Plaintiffs? .

Answer by stating a percentage for each person named below. The

percentages you find must total 100 percent.
1. William Goff, personal
2. O
representative of Ms. Thomas:

2. Charles Thomas:
7. o .

3. Cindy Ringness: 20%

4. Cheryl Goff:
2O %

5. Charlotte Glover: ZO
Total: 100
 To answer “Yes” to the following question, your answer must be
unanimous. You may answer “No" to the following question only upon a vote
of five or more jurors. Otherwise, you must not answer the following question.

QUESTION 3
Do you find beyond a reasonable doubt that Charter, with the intent to
defraud or harm Plaintiffs, knowingly or intentionally committed forgery of the
terms and conditions of service, and the value of the property affected was
$300,000 or more?

“Forgery” means to alter, make, execute, or authenticate any writing so

that it purports to be the act of another who did not authorize that act, or to be
a copy of an original when no such original existed.

“Property” means a document, including money, that represents or

embodies anything of value.

A person acts “knowingly,” or with knowledge, with respect to the

nature of his conduct Or to circumstances surrounding his conduct when he is
aware of the nature of his conduct or that the circumstances exist. A person
acts knowingly, or with knowledge, with respect to a result of his conduct when
he is aware that his conduct is reasonably certain to cause the result.

A person acts “intentionally,” or with intent, with respect to the nature

of his conduct or to a result of his conduct when it is his conscious objective or
desire to engage in the conduct or cause the result.

Answer “Yes” or “No.”

Answer: LR gS
Instructions for Signing the Verdict Certificate:
1. To answer “Yes" to the any of Questions 1 through 3, your answer
must be unanimous. You may answer “No” to any of Questions 1 through 3
only upon a vote of five or more jurors. Otherwise, you must not answer
Questions 1 through 3.

2. All jurors should deliberate on every question. You may end up

with all six of you agreeing on some answers and not others.

Do you understand these instructions? If you do not, please tell me now.

10
Verdict Certificate:
I certify that the jury was unanimous in answering the following
questions. All six of us agreed to each of the answers marked “yes” below. The
presiding juror has signed the certificate for'all six of us.

Answer “Yes” or “No” for each of the following:

Question 1

Question 2 VES
Question 3 QES

Wfl/
sflpltp/e
of

Pfisdfsm
GAVIN CASH
Printed Name of Presiding Juror

11
 Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer sewed 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.

Gina Verlander on behalf of Douglas Alexander

Bar No. 00992350
gverlander@adjtlaw.com
Envelope ID: 68332902
Status as of 911612022 3:35 PM CST
Associated Case Party: WILLIAM GOFF
Name BarNumber Email TimestampSubmitted Status
clerk clerk clerk@hamiltonwingo.com 911612022 11:54:24 AM SENT
Victoria Watson 24110514 vwatson@kcnlaw.com 911612022 11:54:24 AM SENT
Brad Jackson brad@bradjackson.com 911612022 11:54:24 AM SENT
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Anna M.Baker abaker@adjtlaw.com 911612022 11:54:24 AM SENT
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Ray T.Khirallah Jr. rkhirallah@hamiItonwingocom 911612022 11:54:24 AM SENT
Douglas W.Alexander dalexander@adjtlaw.com 911612022 11:54:24 AM SENT
 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.

Gina Verlander on behalf of Douglas Alexander

Bar No. 00992350
gverlander@adjtlaw.com
Envelope ID: 68332902
Status as of 9/16/2022 3:35 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Lisa Crook lisa@bradiackson.oom 911612022 11 :54:24 AM SENT
Kristy Jackson efile@thebassetlfirm.oom 911612022 11:54:24 AM SENT
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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.

Gina Verlander on behalf of Douglas Alexander

Bar No. 00992350
gverlander@adjtlaw.com
Envelope ID: 68332902
Status as of 9/1 612022 3:35 PM CST
Associated Case Party: CHARTER COMMUNICATIONS, INC.
Name BarNumbsr Email TimestampSubmitted Status
Edward A.Davis Edward.Davis@lewisbrisbois.com 911612022 11:54:24 AM SENT
Chris CamariIIo-Perry chris.carnarillo-perry@|ewisbrisbois.com 911612022 11:54:24 AM SENT
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 Automated Certificate of eService
This autOmated certificate of service was created by the efiiing system. The filer served this
document via email generated by the efiiing 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.

Gina Verlander on behalf of Douglas Alexander

Bar No. 00992350
gverlander@adjtlaw.com
Envelope lD: 68332902
Status as of 9/16/2022 3:35 PM CST
Associated Case Party: ANDREW SOULE
Name BarNumber Email TimestampSubmitted Status
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 Automated Certificate of eService
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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.

Gina Verlander on behalf of Douglas Alexander

Bar No. 00992350
gverlander@adjtlaw.com
Envelope ID: 68332902
Status as of 9/16/2022 3:35 PM CST
Associated Case Party: BRENT MARTINELLI
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Julie Archuleta jarchuleta@lynnllp.oom 911 6I2022 1 1:54:24 AM SENT
NATALIE STALLBOHM nstallbohm@lynnllp.com 9/16/2022 11:54:24 AM SENT
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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.

Gina Verlander on behalf of Douglas Alexander

Bar No. 00992350
gverlander@adjtlaw.com
Envelope ID: 68332902
Status as of 9/16/2022 3:35 PM CST
Associated Case Party: CHERYL GOFF
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 Automated Certificate of eService
The filer sewed this
This automated certificate of service was created by the efiling system.
and to the persons listed below.
document via email generated by the efiling system on the date
still provide a certificate
The rules governing certificates of service have not changed. Filers must
of service that complies with all applicable rules.

Gina Verlander on behalf of Douglas Alexander

Bar No. 00992350
gverlander@adjtlaw.com
Envelope ID: 68332902
Status as of 9/16/2022 3:35 PM CST
Associated Case Party: ROYJAMESHOLDEN
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' 9116/2022 11:54:24 AM SENT
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