Jackson v. WILLIAMS BROS. CONST. CO., INC.
364 S.W.3d 317
Tex. App.2011Background
- Ramona Jackson, a bus driver, sued Ismael Alonso and Williams Brothers Construction for injuries from a collision with Alonso's dump truck.
- The accident occurred near Metro's Northwest Transit Center on Old Katy Highway as both vehicles prepared to turn left onto Post Oak Road.
- The jury found Jackson 60% liable and Alonso 40% liable; Williams Brothers was vicariously liable for Alonso.
- A take-nothing judgment was entered, Jackson moved for a new trial, and the court granted it in the interest of justice.
- The court later vacated the new-trial order and reinstated the judgment after the Texas Supreme Court’s In re Columbia Medical Center decision, and Jackson sought a second new-trial motion, which the court denied.
- Jackson appeals asserting denial of a timely jury shuffle and that the new-trial order was improperly set aside; she also challenges the factual sufficiency of the evidence supporting negligence and the 60% assignment of fault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the denial of a jury shuffle reversible error? | Jackson | Williams Brothers/Alonso | No reversible harm shown; error not demonstrated to probably cause improper judgment. |
| Did the Columbia decision retroactively apply to set aside the new-trial order? | Jackson | Columbia retroactive; order was properly set aside. | Trial court did not abuse discretion; Columbia applies retroactively. |
| Is the factual sufficiency of the evidence to support negligence and 60% fault on Jackson? | Jackson | Alonso/ Williams Brothers | Evidence legally and factually sufficient; 60% fault to Jackson supported. |
Key Cases Cited
- Rivas v. Liberty Mutual Insurance Co., 480 S.W.2d 610 (Tex. 1972) (jury shuffle purpose to insure randomness; no inference of harm where panel random)
- Cortez v. HCCI-San Antonio, Inc., 159 S.W.3d 87 (Tex. 2005) (presume harm when judge's error prevents appellate review of jury composition)
- Carr v. Smith, 22 S.W.3d 128 (Tex.App.-Fort Worth 2000) (relaxed harmless error standard for post-shuffle information; material unfairness standard)
- In re Columbia Medical Center of Las Colinas, Subsidiary, L.P., 290 S.W.3d 204 (Tex.2009) (trial courts must identify reasons for new trials with specificity; retroactive applicability discussed)
- Wells v. Barrow, 153 S.W.3d 514 (Tex.App.-Amarillo 2004) (distinguishes right to jury trial from right to specific jurors; harm analysis context)