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Sylvia Roger, Individually and as Personal Representative of the Estate of Jean Louis Roger, Sr. v. Benjamin Karl Mumme, Jr. and Cameron International Corporation
13-13-00481-CV
| Tex. App. | Nov 12, 2015
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Background

  • Jean Louis Roger Sr. died in a Corpus Christi vehicle collision on March 5, 2012 involving Mumme's truck; decedent survived by Sylvia and three children: Ashley, Jean Jr., and John.
  • Plaintiffs sued under the Texas Wrongful Death Act for death damages; at trial, jury awarded compensatory damages to Sylvia, Jean Jr., and John totaling $1,305,628.50.
  • Trial court directed a verdict against Ashley, excluding her claim from the jury consideration.
  • Voir dire involved challenges for cause aimed at veniremembers fifteen, seventeen, and twenty-six; trial court granted for-cause strikes against fifteen and seventeen but overruled the challenge against twenty-six.
  • Appellants contend trial court erred in jury selection and in the Ashley-directed verdict; the court reverses in part and affirms in part.
  • Texas law permits a remand limited to Ashley’s claim while leaving other claims intact if separable under Rule 44.1(b).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the trial court erred in striking for cause veniremembers fifteen and seventeen while not striking twenty-six. Roger contends bias against plaintiffs existed for fifteen/seventeen; three-way assessment shows improper double-standard. Mumme argues trial court properly evaluated biases and rehabilitative potential under Cortez and Murff. No abuse of discretion; court allowed rehabilitation and observed demeanor.
Whether Ashley qualifies as a “child” under the Texas Wrongful Death Act given Louisiana legitimation. Louisiana law may recognize Ashley as Jean’s legal daughter via legitimation; direction verdict should be improper. Texas law limits recovery to biological/adoptive children; if Louisiana law applies, evidence may raise a fact issue. Directed verdict improper; Louisiana legitimation and birth-certificate evidence create material fact issue; remand for Ashley.

Key Cases Cited

  • Cortez ex rel. Estate of Puentes v. HCCI-San Antonio, Inc., 159 S.W.3d 87 (Tex. 2005) (venireman bias may be rehabilitated; willingness to follow law matters)
  • Murff v. Pass, 249 S.W.3d 407 (Tex. 2008) (trial court has wide latitude in voir dire; bias must be discernible in record)
  • Gant v. Dumas Glass & Mirror, Inc., 935 S.W.2d 202 (Tex. App.—Amarillo 1996) (bias/prejudice must be real to disqualify for-cause)
  • Martinez v. Gutierrez, 66 S.W.2d 678 (Tex. Comm. App. 1933) (comity; choice of law in parent-child status determinations)
  • City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (directed verdict standard; separation of issues in judgment)
  • Culbert v. Culbert, 356 So.2d 1080 (La. Ct. App. 1978) (birth-certificate alteration presumption supports legitimation evidence)
  • Turner v. Busby, 883 So.2d 412 (La. 2004) (dual paternity concept and legitimation implications)
  • Martinez v. Gutierrez, 66 S.W.2d 678 (Tex. Comm. App. 1933) (comity; choice of law in parent-child status determinations)
Read the full case

Case Details

Case Name: Sylvia Roger, Individually and as Personal Representative of the Estate of Jean Louis Roger, Sr. v. Benjamin Karl Mumme, Jr. and Cameron International Corporation
Court Name: Court of Appeals of Texas
Date Published: Nov 12, 2015
Docket Number: 13-13-00481-CV
Court Abbreviation: Tex. App.