in Re Toyota Motor Sales, U.S.A., Inc. and Viscount Properties II, L.P., D/B/A Hoy Fox toyota/lexus
407 S.W.3d 746
| Tex. | 2013Background
- Kings sued Toyota and dealership for strict products liability, negligence, wrongful death, and survivorship over a defective seat belt claim.
- Pretrial limine orders barred references to Officer Coon’s belt opinion; Kings sought to exclude him as expert or lay witness
- Officer Coon’s statements about King not wearing a seat belt were admitted into the record despite limine orders
- The trial court granted a new trial citing (a) Toyota’s closing-argument use of Coon’s deposition and (b) sanction-based grounds
- Appellate mandamus proceeding followed; the court of appeals upheld the trial-court format but not the merits
- This Court conditionally grants relief, adopting merits-based review of the new-trial order under Columbia and United Scaffolding
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May an appellate court review the merits of a new-trial order on mandamus review? | Toyota argues merits-based review is appropriate | Kings argue review should be limited to form only | Yes; merits-based review permitted |
| Are the trial court’s articulated reasons for granting a new trial supported by the record? | Record supports the reasons | Record does not support the reasons | No; trial court abused discretion on this ground |
| Was the new-trial sanction grounded in improper basis given compliance with limine rulings? | Sanction grounded on closing argument had no proper basis | Sanction appropriate to punish violating limine order | No; sanction ground improper; cannot justify new trial |
Key Cases Cited
- Columbia Med. Ctr. of Las Colinas v. King, 290 S.W.3d 204 (Tex. 2009) (mandamus relief for specificity in new-trial orders; transparency in reasoning)
- In re United Scaffolding, Inc., 377 S.W.3d 685 (Tex. 2012) (limits and specificity for new-trial reasons; allows merits-based review)
- Peterson v. Wilson, 141 F.3d 573 (5th Cir. 1998) (merits-based review of a district court’s new-trial order in federal system)
- Cruthirds v. RCI, Inc., 624 F.2d 632 (5th Cir. 1980) (merits-based review when district court disregards jury verdict)