Nabors Wells Services, Ltd. v. Romero
408 S.W.3d 39
Tex. App.2013Background
- Nabors Well Services, Ltd. appeals a jury verdict awarding about $2.3 million in actual damages to the Romero and Soto families.
- The sole issue on appeal is whether the trial court abused its discretion by excluding expert and lay testimony on seat-belt use in a rollover crash.
- The rollover occurred December 20, 2004, involving a Suburban struck by Nabors’ tractor-trailer, causing the vehicle to roll with multiple injuries and at least one death.
- There was conflicting evidence on who wore seat belts and who was ejected; emergency and deposition testimony varied.
- Nabors retained Dr. Funk to testify on seat-belt effects, but the trial court excluded his testimony and all seat-belt evidence after a pretrial hearing.
- The court ultimately affirmed the trial court’s ruling, holding the exclusion proper and overruling Nabors’ sole issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether excluding seat-belt evidence was an abuse of discretion | Nabors argues statute no longer bars seat-belt evidence; it should be admitted | Romero/Soto contend prior doctrine and statutes keep evidence inadmissible | No reversible error; exclusion affirmed |
Key Cases Cited
- Carnation Co. v. Wong, 516 S.W.2d 116 (Tex. 1974) (seat-belt nonuse not contributory negligence; damages not reduced for non-use)
- Kerby v. Abilene Christian College, 503 S.W.2d 526 (Tex. 1974) (driving without seat belt not actionable negligence; distinguishes contributory negligence from damages)
- Bridgestone/Firestone, Inc. v. Glyn-Jones, 878 S.W.2d 132 (Tex. 1994) (seat-belt evidence limited; precludes mitigation by nonuse of seat belt)
- Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex. 1986) (nonuse of seat belt not a basis to reduce damages)
- King Son Wong v. Carnation Co., 509 S.W.2d 385 (Tex.Civ.App.-Houston [14th Dist.] 1974) (rejected admission of seat-belt evidence to bar recovery; mitigation not permitted)
- Cotten v. Weatherford Bancshares, Inc., 187 S.W.3d 687 (Tex.App.-Fort Worth 2006) (mitigation not triggered by pre-accident seat-belt nonuse)