Jose Rangel and Juan Carlos Argundis-Ramirez v. Jose Alvaro Rivera and John/Jane Doe, 14-14-00623-CV

Appellants Rangel and Argundis-Ramirez sue Rivera for personal injuries from a rear-end collision at a red light.
Rangel drove the truck with Argundis-Ramirez as a passenger; their vehicle was stopped when struck from behind.
Appellee Rivera was alleged to be the other truck's driver; trial evidence showed Rivera did not unequivocally identify as the driver.
A police report named Rivera as the registered owner but indicated the driver was 'unknown' and Rivera denied driving the truck.
Jury answered No to whether Rivera's negligence proximately caused the accident; trial court entered a take-nothing judgment; denial of motion for new trial followed.
Court affirms the judgment, holding the evidence factually sufficient to support the jury’s finding that Rivera was not the driver.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence is factually sufficient to support the jury finding Rivera was not the driver.	Rangel emphasized Rivera resembled the driver and Rivera owned the truck at the time.	Rivera testified he sold the truck prior to the accident and was not involved.	Yes; evidence is factually sufficient and the jury could credit Rivera's non-driver testimony.

Enright v. Goodman Distribution, Inc., 330 S.W.3d 392 (Tex. App.—Houston [14th Dist.] 2010) (standard for reviewing factual-sufficiency challenges; misalignment with great weight)
Dow Chem. Co. v. Francis, 46 S.W.3d 237 (Tex. 2001) (standard for factual-sufficiency review)
GTE Mobilnet of S. Tex. v. Pascouet, 61 S.W.3d 599 (Tex. App.—Houston [14th Dist.] 2001) (jury credibility determines weight of witness testimony)
Big Dog Logistics, Inc. v. Strategic Impact Corp., 312 S.W.3d 122 (Tex. App.—Houston [14th Dist.] 2010) (deference to jury credibility; sufficiency standard applied)
Mar. Overseas Corp. v. Ellis, 971 S.W.2d 402 (Tex. 1998) (approach to weighing conflicting evidence on factual sufficiency)