(DOWNLOAD) "Andrew K. Lofton v. Texas Brine Corporation Et Al." by Supreme Court of Texas No. C-4850 # Book PDF Kindle ePub Free
eBook details
- Title: Andrew K. Lofton v. Texas Brine Corporation Et Al.
- Author : Supreme Court of Texas No. C-4850
- Release Date : January 03, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The issue in this personal injury case is whether the court of appeals applied the correct legal standard in reviewing the factual sufficiency of evidence. Andrew K. Lofton was awarded $113,500 for personal injuries resulting from a collision between his car and a truck driven by Morris Wayne Johnson for Texas Brine Corporation. The court of appeals reversed the trial court's judgment, holding the evidence factually insufficient to support the jury's finding that Johnson's speed proximately caused the collision. 698 S.W.2d 691. We grant the application for writ of error and, without hearing oral argument, reverse the judgment of the court of appeals. Tex. R. App. P. 133(b). In discussing Lofton's theory on the foreseeability element of proximate cause, the court wrote: The jury evidently believed appellee's argument; we do not. On rehearing, a concurring justice concluded: Nothing could be clearer from the evidence than the fact that appellee 'jumped' in front of appellant less than two seconds before the impact. Id. at 698. (Sears, J., concurring on rehearing). These statements are conclusory. In reviewing factual sufficiency points, the court of appeals is not called on to summarily disregard evidence or to substitute its judgment for the jury's. Rather, the court of appeals is called on to apply legal analysis to the evidence and avoid summary conclusions.
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