D'Juna LeBlanc v. Kenneth Palmer
01-15-00034-CV
| Tex. | Nov 17, 2015Background
- Collision on Apr. 9, 2010 at a four-way stop intersection (SH 105 & FM 2518) between plaintiff LeBlanc (SUV) and defendant Palmer (logging truck); logs from Palmer's truck struck LeBlanc's SUV.
- LeBlanc testified she stopped behind another vehicle and was struck when Palmer turned left; one log entered her rear driver-side window and she later had back surgery.
- Palmer admitted logs from his truck contacted LeBlanc's vehicle but testified he stopped in the left-turn lane, waited for a truck to clear, and made a slow first-gear turn; he reported LeBlanc told him she saw his turn and thought she had cleared the logs.
- Jury question: Did negligence of either party proximately cause the occurrence? The jury answered “no” for both parties; trial court rendered a take-nothing judgment for LeBlanc.
- LeBlanc moved for new trial arguing the no-cause finding was against the great weight and preponderance of the evidence; the trial court denied the motion. LeBlanc appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was factually insufficient to support jury finding that neither party proximately caused the collision | LeBlanc: overwhelming evidence shows Palmer was negligent and proximately caused the collision | Palmer: record contains evidence he was not negligent (LeBlanc told him she saw him turn and misjudged clearance) | Court: Affirmed; conflicting testimony allowed jury to find neither party proximately caused the collision |
| Whether trial court erred by denying LeBlanc's motion for new trial on proximate-cause issue | LeBlanc: new trial warranted because verdict is against great weight of evidence | Palmer: denial appropriate because jury credibility choices supported verdict | Court: Denial affirmed; jury verdict not manifestly unjust |
Key Cases Cited
- Cain v. Bain, 709 S.W.2d 175 (Tex. 1986) (standard for factual-sufficiency review)
- Dow Chem. Co. v. Francis, 46 S.W.3d 237 (Tex. 2001) (burden when appellant challenges adverse finding)
- Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003) (jury is sole judge of witness credibility)
- Nabors Drilling, U.S.A., Inc. v. Escoto, 288 S.W.3d 401 (Tex. 2009) (elements of negligence and proximate cause)
- Gomez v. Adame, 940 S.W.2d 249 (Tex. App.—San Antonio 1997) (occurrence of collision alone does not establish negligence)
- Carrico v. Busby, 325 S.W.2d 413 (Tex. Civ. App.—Houston [1st Dist.] 1959) (jury verdict against overwhelming weight of evidence — distinguished)