Brazos Valley Roadrunners, LP v. Nari Lee
10-19-00251-CV
| Tex. App. | Jul 28, 2021Background:
- Lee parked in a numbered space at the Coyote Parking Lot (owned/operated by Dixie Chicken, Inc.), left briefly to get help with the pay-from-box system, returned within minutes and—according to witness testimony—paid the $5 fee before the vehicle was removed.
- Roadrunners towed the vehicle and Lee paid $297.70 to retrieve it; she sued under the Texas Towing and Booting Act claiming removal without probable cause and requested a statutory hearing.
- A Justice Court entered a default judgment for Lee; Roadrunners appealed to county court, which likewise entered judgment for Lee; after a granted new-trial motion, the county court retried the matter and again ruled for Lee (award of towing/storage and costs).
- The parking-lot video showing Lee leaving was admitted, but the portion allegedly showing payment was not preserved; a witness (Kang) testified the footage showed Lee returning and paying, while Roadrunners’ owner testified the system overwrote older recordings.
- The county court concluded that any brief departure was at most a de minimis violation and that Roadrunners lacked probable cause to tow; the court awarded reimbursement for towing/storage and costs.
Issues:
| Issue | Plaintiff's Argument (Lee) | Defendant's Argument (Roadrunners) | Held |
|---|---|---|---|
| Whether Roadrunners had probable cause to tow Lee's vehicle | Lee returned and paid within minutes before the tow, so she was authorized to park when the vehicle was removed | Lee left the lot before paying; posted rules required payment before leaving, so leaving created probable cause to tow | Court found legally and factually sufficient evidence that Roadrunners lacked probable cause and ruled for Lee |
| Adequacy of lot signage (authorization to tow) | Signage issue immaterial where no probable cause existed; Lee had paid before tow | Posted rules and signage purportedly put customers on notice to pay before leaving, justifying tow | Court declined to address signage; issue rendered immaterial by finding no probable cause |
Key Cases Cited
- Catalina v. Blasdel, 881 S.W.2d 295 (Tex. 1994) (standard for reviewing factual findings after bench trial)
- Anderson v. City of Seven Points, 806 S.W.2d 791 (Tex. 1991) (standard for reviewing factual findings)
- BMC Software Belgium, N.V. v. Marchand, 83 S.W.3d 789 (Tex. 2002) (trial court conclusions of law reviewed de novo)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standards for legal-sufficiency review and weighing evidence)
- Kroger Texas, Ltd. P'ship v. Suberu, 216 S.W.3d 788 (Tex. 2006) (crediting evidence supporting a finding when reasonable jurors could)
- McGalliard v. Kuhlmann, 722 S.W.2d 694 (Tex. 1986) (trier of fact is sole judge of witness credibility)
- Manderscheid v. LAZ Parking of Tex., LLC, 506 S.W.3d 521 (Tex. App.—Houston [1st Dist.] 2015) (appeal rights under towing statutes)