Lynette Starr v. A. J. Struss & Company
01-14-00702-CV
Tex. App.Jan 14, 2015Background
- This case involves Lynette Starr appealing a final take-nothing judgment in favor of A.J. Struss Company LLC after motions for summary judgment.
- Starr claimed property damage to a home owned by her parents (not herself) and asserted personal injury damages from mold exposure.
- The trial court granted standing and no-evidence summary judgment motions against Starr, disposing of all claims.
- AJS objected to certain affidavits and evidence, including Starr’s Durable Power of Attorney and Ray Starr affidavit.
- On appeal, the court addressed (1) Starr’s standing to sue for property damage she did not own, and (2) whether no-evidence grounds supported dismissal of personal injury claims.
- The appellate briefing and record below culminated in an order granting standing and no-evidence judgments, which Starr challenges on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Starr have standing to pursue property-damage claims for her parents’ home she did not own? | Starr contends she had equitable title/right to sue. | Starr did not own the property; no enforceable transfer or POA gave standing. | No standing; ownership required at time of injury and suit; no valid transfer evidenced. |
| Was the no-evidence summary judgment proper as to Starr’s personal injury claims? | Mold exposure could support health complaints with expert support. | No medical causation evidence; expert testimony insufficient. | Yes; lack of medical causation/expert proof supports no-evidence judgment. |
Key Cases Cited
- Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (standing may be challenged by summary judgment)
- Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623 (Tex. 1996) (standing reviewed on appeal; jurisdiction at filing)
- Brown v. Todd, 53 S.W.3d 297 (Tex. 2001) (standing prerequisites; injury and controversy)
