Jennifer Osagiede, as Representative of the Estate of Sule Osagiede v. Lazaro Aguilar, 09-15-00086-CV

On Jan 21, 2010, Sule Osagiede died after his vehicle rolled on I‑10; no collision occurred between his car and Lazaro Aguilar’s vehicle.
Sule’s mother, Jennifer Osagiede, sued Aguilar for wrongful death and survival damages; exemplary and survival claims were partially dismissed on summary judgment.
A December 2014 jury trial returned a verdict for Aguilar; final take‑nothing judgment was entered and Osagiede appealed.
A written statement Aguilar gave to police on Jan 22, 2010 (signed and notarized by Officer Melvin Devaugh) was admitted into evidence; the notary seal showed Devaugh’s commission had expired May 5, 2009.
Osagiede’s counsel sought and obtained pre‑admission of the police records exhibit (which included Aguilar’s statement), then used the statement to impeach Aguilar and questioned him about the expired notary commission at trial.
On appeal Osagiede argued the statement was inadmissible because it was notarized after the notary’s commission expired; the court addressed invited‑error/estoppel as the dispositive issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of Aguilar’s written, notarized statement	Osagiede: statement inadmissible because notarization was by an expired notary, so evidence was unlawfully admitted	Aguilar: exhibit was offered by plaintiff and admitted without objection; any notarization defect was effectively waived	Court held evidence admission was invited error; Osagiede cannot complain on appeal about a ruling she requested/elicited; judgment affirmed

Tittizer v. Union Gas Corp., 171 S.W.3d 857 (Tex. 2005) (articulates invited‑error doctrine—party cannot request action then complain on appeal)
Ne. Tex. Motor Lines, Inc. v. Hodges, 158 S.W.2d 487 (Tex. 1942) (estoppel principle underlying invited‑error rule)
Gavenda v. Strata Energy, Inc., 705 S.W.2d 690 (Tex. 1986) (attorney acts within agency are imputed to client)
Neasbitt v. Warren, 22 S.W.3d 107 (Tex. App.—Fort Worth 2000) (party who elicits evidence may not later complain about its admission)