Loera v. Fuentes
408 S.W.3d 46
Tex. App.2013Background
- Personal injury case from a collision involving a Loera pickup and a Nabors tractor-trailer; jury allocated fault 50% Fuentes, 10% Nabors, 40% Morayma Loera; trial court excluded seat belt evidence but admitted it during trial; jury found joint enterprise among Loeras and imputed liability; issues framed around seat belt evidence and trial admissibility; appellate court reversed and remanded due to erroneous admission of non-use evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of seat belt non-use evidence | Loeras | Nabors/Fuentes | Trial court erred by admitting non-use evidence and must remand |
Key Cases Cited
- Carnation Co. v. Wong, 516 S.W.2d 116 (Tex. 1974) (seat-belt nonuse not admissible to reduce damages; not contributory negligence)
- Kerby v. Abilene Christian College, 503 S.W.2d 526 (Tex. 1974) (driving without seat belt not contributory negligence; distinguishes accident from damages)
- Bridgestone/Firestone, Inc. v. Glyn-Jones, 878 S.W.2d 132 (Tex. 1994) (seat belt evidence not admitted under pre-repeal understanding; evidentiary role clarified)