Juan F. Quantanilla v. Baxter Painting, Inc.
05-14-00685-CV
| Tex. App. | Dec 1, 2015Background
- Quintanilla injured on the job while painting for Baxter Painting, Inc.
- Quintanilla sued Baxter Painting for negligence alleging unsafe workplace, faulty equipment, inadequate training, and safety rule failures.
- A jury returned a verdict for Baxter Painting; trial court entered a take-nothing judgment.
- Quintanilla moved to exclude witnesses (sequestration) under Rule 614/267; the court refused.
- On appeal, Quintanilla argues the sequestration denial was reversible error; court affirms judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying sequestration of witnesses. | Quintanilla says sequestration was mandatory and exclusion would prevent tailored testimony. | Baxter Painting argues no reversible error despite the ruling. | No reversible error; denial not shown to probably cause improper judgment. |
Key Cases Cited
- Drilex Sys., Inc. v. Flores, 1 S.W.3d 112 (Tex. 1999) (sequestration rules; mandatory upon request)
- Elbar, Inc. v. Claussen, 774 S.W.2d 45 (Tex. App.—Dallas 1989) (sequestration requirement; limitations)
- In re H.M.S., 349 S.W.3d 250 (Tex. App.—Dallas 2011) (sequestration error not reversible without harm)
- Continental Coffee Prods. Co. v. Cazarez, 903 S.W.2d 70 (Tex. App.—Houston [14th Dist.] 1995) (depicted deposition and bills of exception; evidentiary records)
- Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572 (Tex. 2006) (bill of exception procedure importance)
