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, 2015Background
- 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)
