455 S.W.3d 744
Tex. App.2015Background
- Pedestrian-strike case: Jose Lara struck and killed Jesus Reyes Ricardez on Cesar Chavez Border Highway after dark while Ricardez was running (apparently from CBP). Ricardez died at the hospital.
- Lara testified he did not remember his exact speed or whether he braked; later said he typically drives at or under 55 mph and collision happened too quickly to avoid.
- CBP vehicles with flashing lights arrived seconds after impact; Lara said he did not see them before the collision.
- Plaintiff (father/estate) sued for negligence; Lara moved for a no-evidence summary judgment arguing plaintiff produced no evidence on breach and proximate cause.
- Trial court granted no-evidence summary judgment; on appeal the court assumed arguendo breaches might be in dispute but focused on proximate cause—whether evidence shows Lara could have avoided the collision.
- Post-hearing police reports (dashcam evidence) were filed but not considered by the trial court and therefore not considered on appeal.
Issues and Key Cases Cited
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff produced more than a scintilla of evidence that Lara's breach was the cause-in-fact of Ricardez's death (i.e., collision was avoidable) | Appellant argued Lara's uncertain testimony about speed and braking creates fact issues on breach and causation | Lara argued plaintiff offered no evidence that, even if he breached duties, the accident could have been avoided (no proximate cause proof) | Court affirmed: plaintiff failed to produce more than a scintilla on proximate cause; Lara's testimony that he realized the hazard only contemporaneous with or after the collision is no evidence that the collision was avoidable |
Key Cases Cited
- Merriman v. XTO Energy, Inc., 407 S.W.3d 244 (Tex. 2013) (standard of review for summary judgment)
- Timpte Indus., Inc. v. Gish, 286 S.W.3d 306 (Tex. 2009) (no‑evidence summary judgment standard)
- Marsaglia v. Univ. of Tex., El Paso, 22 S.W.3d 1 (Tex.App.—El Paso 1999) (scintilla evidence rule)
- Kroger Co. v. Elwood, 197 S.W.3d 793 (Tex. 2006) (elements of negligence)
- Doe v. Boys Club of Greater Dallas, Inc., 907 S.W.2d 472 (Tex. 1995) (cause-in-fact requires more than furnishing a condition)
- Heartland Holdings, Inc. v. U.S. Trust Co. of Tex., N.A., 316 S.W.3d 1 (Tex.App.—Houston [14th Dist.] 2010) (trial court discretion on late-filed summary evidence)