Bryant v. S.A.S.
416 S.W.3d 52
Tex. App.2013Background
- Smiths hired Morgan Bryant (16) to babysit; Morgan molested their children after flyer advertising his services circulated in backpacks.
- Flyer and related statements allegedly misrepresented Morgan’s experience and failed to disclose his psychological problems.
- Church (Atascocita United Methodist Church) and Beth Bryant allegedly violated the DTPA by misleading representations and concealment, and acted within scope of employment.
- Morgan pled guilty to felony sexual assault; Smiths obtained a civil judgment for assault and battery against Morgan, with DTPA-based damages against Bryant and the Church.
- Trial court awarded damages and attorney’s fees; the Court of Appeals reversed judgment against Bryant and the Church on DTPA causation grounds, citing Doe v. Boys Clubs of Greater Dallas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the flyer and related misrepresentations were a producing cause of the Smiths’ damages | Smiths argue misrepresentations caused hiring Morgan | Bryant/Church contend causation is insufficient under Doe v. Boys Clubs | No legally sufficient evidence of producing cause |
Key Cases Cited
- Doe v. Boys Clubs of Greater Dallas, Inc., 907 S.W.2d 472 (Tex.1995) (holding that misrepresentations may not be producing cause in certain abuse cases; attenuated connection)
- Transcontinental Ins. Co. v. Crump, 330 S.W.3d 211 (Tex.2010) (explains substantial factor concept in causation)
- Lear Siegler, Inc. v. Perez, 819 S.W.2d 470 (Tex.1991) (defines substantial factor in causation and common sense standard)
- Marshall Field Stores, Inc. v. Gardiner, 859 S.W.2d 391 (Tex.App.-Houston 1st Dist. 1993) (regarding inferencing facts from proven facts)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex.2005) (standard for legal sufficiency review; no-evidence standard)