Disc. Tire Co. of Tex., Inc. v. Cabanas

553 S.W.3d 566
CourtCourt of Appeals of Texas
DecidedMay 16, 2018
DocketNo. 04–17–00276–CV
StatusPublished
Cited by4 cases

This text of 553 S.W.3d 566 (Disc. Tire Co. of Tex., Inc. v. Cabanas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Disc. Tire Co. of Tex., Inc. v. Cabanas, 553 S.W.3d 566 (Tex. Ct. App. 2018).

Opinion

Opinion by: Patricia O. Alvarez, Justice

This is a negligence suit with a res ipsa loquitur instruction in the jury charge. After Appellant Discount Tire Company of Texas, Inc. rotated the tires on a pickup truck, a tire detached and struck Appellee Federico Vargas Cabanas's vehicle. Cabanas sued for his injuries. The jury found Discount Tire negligent, and it awarded damages to Cabanas. Because the doctrine of res ipsa loquitur does not apply and there was no evidence of breach, we reverse the portion of the trial court's judgment in favor of Cabanas and render judgment that Cabanas take nothing on his claims against Discount Tire. We affirm the remainder of the trial court's judgment.

BACKGROUND

Tommy Ebarb owned a pickup truck. He upgraded it with custom lift, wheels, and tires. He took his seven-year-old pickup truck, with approximately 171,850 miles *569on it, to Discount Tire. Discount Tire rotated the tires on Ebarb's pickup truck about 1:00 pm on a Friday. Ebarb drove his truck a few miles on Friday, Saturday, and Sunday. Sunday evening, as he was driving on a highway, Ebarb's truck's left front wheel detached, struck Cabanas's vehicle, and injured Cabanas.

Cabanas complained of back pain and was taken to the hospital for evaluation. Following the accident, Cabanas underwent several surgeries and incurred some medical expenses.

Cabanas's wife, Xochitl Contreras, acting both individually and as next friend of their daughter Clara Vargas Contreras, and Cabanas sued Ebarb and Discount Tire for injuries allegedly caused by the defendants' negligence.

After the plaintiffs rested, Ebarb and Discount Tire moved for directed verdicts. The trial court granted Ebarb's motion, but denied Discount Tire's motion. The trial proceeded, and the trial court held a charge conference. Discount Tire objected to the res ipsa loquitur instruction in the charge, but the trial court overruled the objection. The jury found Discount Tire negligent, and awarded Cabanas damages-primarily for past medical expenses.

Discount Tire raises three issues on appeal: (1) there is no evidence to support the jury's negligence finding, (2) the trial court erred by submitting a circumstantial evidence and a res ipsa loquitur instruction in the charge, and (3) the trial court erred by denying Discount Tire's request to put on evidence of the medical expenses Cabanas actually paid and incurred.

STANDARD OF REVIEW

For a legal sufficiency review, "the court must consider evidence in the light most favorable to the verdict, and indulge every reasonable inference that would support it." City of Keller v. Wilson , 168 S.W.3d 802, 822 (Tex. 2005). A legal sufficiency challenge must be sustained if there is a "complete absence of a vital fact" or "the evidence offered to prove a vital fact is no more than a scintilla."1 Whirlpool Corp. v. Camacho , 298 S.W.3d 631, 639 (Tex. 2009) (citing City of Keller , 168 S.W.3d at 827 ). "When the evidence offered to prove a vital fact is so weak as to do no more than create a mere surmise or suspicion of its existence, the evidence is no more than a scintilla and, in legal effect, is no evidence." Jelinek v. Casas , 328 S.W.3d 526, 532 (Tex. 2010) (quoting Kindred v. Con/Chem, Inc. , 650 S.W.2d 61, 63 (Tex. 1983) ).

"[S]ome suspicion linked to other suspicion produces only more suspicion, which is not the same as some evidence." Marathon Corp. v. Pitzner , 106 S.W.3d 724, 728 (Tex. 2003) (quoting Johnson v. Brewer & Pritchard, P.C. , 73 S.W.3d 193, 210 (Tex. 2002) ).

ORDER OF ISSUES

In its first issue, Discount Tire asserts the evidence is legally insufficient to support the jury's negligence finding. In its second issue, Discount Tire argues that res ipsa loquitur does not apply in this case. If res ipsa applies, it would serve as some evidence of Discount Tire's breach. See Mobil Chem. Co. v. Bell , 517 S.W.2d 245, 251 (Tex. 1974) ("[T]he effect of successfully invoking the res ipsa doctrine is that the plaintiff can survive no-evidence procedural *570challenges-[the plaintiff] has produced some evidence of the defendant's negligence."). Because our legal sufficiency review of the evidence would be affected by the res ipsa loquitur doctrine, before we address Discount Tire's no-evidence challenge to the jury's negligence finding, we first consider whether res ipsa applies.

RES IPSA LOQUITUR

Over Discount Tire's objection, the trial court included a res ipsa loquitur instruction in the jury charge's negligence question.

A. Rule of Evidence

"In Texas ... res ipsa loquitur is simply a rule of evidence whereby negligence may be inferred" under certain circumstances. Mobil Chem. Co. v. Bell , 517 S.W.2d 245, 251 (Tex. 1974) (citing Owen v. Brown , 447 S.W.2d 883, 886 (Tex. 1969) ). "The purpose of res ipsa is to relieve the plaintiff of the burden of proving a specific act of negligence by the defendant when it is impossible for the plaintiff to determine the sequence of events, or when the defendant has superior knowledge or means of information to determine the cause of the accident." Jones v. Tarrant Util. Co. , 638 S.W.2d 862, 865 (Tex. 1982) ; Sanders v. Naes Cent., Inc.

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Bluebook (online)
553 S.W.3d 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disc-tire-co-of-tex-inc-v-cabanas-texapp-2018.