Michael W. Staggs v. Thomas Simper and Debbie Simper

CourtCourt of Appeals of Texas
DecidedMay 28, 2015
Docket13-13-00511-CV
StatusPublished

This text of Michael W. Staggs v. Thomas Simper and Debbie Simper (Michael W. Staggs v. Thomas Simper and Debbie Simper) 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
Michael W. Staggs v. Thomas Simper and Debbie Simper, (Tex. Ct. App. 2015).

Opinion

NUMBER 13-13-00511-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

MICHAEL W. STAGGS, Appellant,

v.

THOMAS SIMPER AND DEBBIE SIMPER, Appellees.

On appeal from the 25th District Court of Lavaca County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Longoria Memorandum Opinion by Justice Rodriguez Appellant Michael W. Staggs appeals from a judgment rendered by the 25th

District Court of Lavaca County, Texas, in favor of Debbie Simper. The jury found Staggs

liable on Debbie’s claim of intentional infliction of emotional distress and awarded her

damages of $10,000. The jury did not find Debbie or co-appellee Thomas Simper liable on Staggs’s claims of conversion, negligence, and gross negligence. Staggs raises five

issues on appeal challenging the legal and factual sufficiency of the jury’s findings. We

reverse and render, in part, and affirm, in part.

I. BACKGROUND1

This case arises out of the shooting of Staggs’s mixed Alaskan Malamute-

Timberwolf dog, Cheyenne. The undisputed facts in this case are as follows: Thomas

shot Cheyenne in the head three times at close range while Cheyenne was tied up on his

property. As a result of Cheyenne’s death, Staggs brought suit against the Simpers

alleging conversion, negligence, gross negligence, and intentional infliction of emotional

distress. The Simpers counter-claimed against Staggs for assault, conversion,

negligence, gross negligence, and intentional infliction of emotional distress. 2

After the close of evidence both Staggs and the Simpers submitted jury questions

for conversion, negligence, gross negligence, and intentional infliction of emotional

distress.3 The jury did not find for Staggs on his claims against the Simpers. It also

found against the Simpers on all of their claims against Staggs except on Debbie’s

intentional infliction of emotional distress claim.4 The jury awarded Debbie $10,000 as

damages to compensate her for her emotional distress.

1 Because this is a memorandum opinion and the parties are familiar with the facts, we will not

recite them here except as necessary to advise the parties of the Court's decision and the basic reasons for it. See TEX. R. APP. P. 47.4.

The Simpers’ counter-claim was for damages arising out of the death of their dog, Puppy, and 2

subsequent events, addressed below.

3 Essentially, each question was submitted twice: once as to the Simpers and once as to Staggs.

The Simpers also asserted a claim for assault against Staggs.

4 The Simpers did not file an appellees’ brief and did not file a cross-appeal.

2 Staggs now challenges the legal sufficiency of the jury’s finding that he intentionally

inflicted emotional distress on Debbie and the factual sufficiency of the evidence

supporting the jury’s “no” answer to his causes of action for conversion, negligence, and

gross negligence.

II. STANDARD OF REVIEW

A. Legal-sufficiency standard

In reviewing the legal sufficiency of the evidence, we must consider the evidence

in the light most favorable to the fact-finder's decision and indulge every reasonable

inference that would support it. City of Keller v. Wilson, 168 S.W.3d 802, 822 (Tex.

2005). “The final test for legal sufficiency must always be whether the evidence at trial

would enable reasonable and fair-minded people to reach the verdict under review.” Id.

at 827. A legal-sufficiency review, in the proper light, must credit favorable evidence if

reasonable jurors could, and disregard contrary evidence unless reasonable jurors could

not. Id. at 827. The jury is the sole judge of witnesses' credibility, and it may choose to

believe one witness over another; we may not impose our own opinion to the contrary.

Id. at 819. Because it is the jury's province to resolve conflicting evidence, we must

assume that jurors resolved all conflicts in accordance with their verdict if reasonable

human beings could do so. Id.

When a party attacks the legal sufficiency of an adverse finding on an issue for

which it did not have the burden of proof, it must demonstrate that there is no evidence

to support the adverse finding. Croucher v. Croucher, 660 S.W.2d 55, 58 (Tex. 1983).

Such a no-evidence challenge will be sustained when “(a) there is a complete absence

3 of evidence of a vital fact, (b) the court is barred by rules of law or of evidence from giving

weight to the only evidence offered to prove a vital fact, (c) the evidence offered to prove

a vital fact is no more than a mere scintilla, or (d) the evidence conclusively establishes

the opposite of the vital fact.” King Ranch, Inc. v. Chapman, 118 S.W.3d 742, 751 (Tex.

2003) (internal quotations omitted).

B. Factual-sufficiency standard

In a factual-sufficiency review, we must examine both the evidence supporting and

contrary to the judgment. See City of Keller, 168 S.W.3d at 822; Dow Chem. Co. v.

Francis, 46 S.W.3d 237, 242 (Tex. 2001) (per curiam); Plas–Tex, Inc. v. U.S. Steel Corp.,

772 S.W.2d 442, 445 (Tex. 1989). Here, too, the jury is the sole judge of witnesses'

credibility, and it may choose to believe one witness over another; we may not impose

our own opinion to the contrary. See Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d

757, 761 (Tex. 2003).

When a party attacks the factual sufficiency of an adverse finding on an issue on

which it has the burden of proof, it must demonstrate on appeal that the adverse finding

is against the great weight and preponderance of the evidence. Dow Chem. Co., 46

S.W.3d at 242. After considering and weighing all of the evidence, we can set aside a

verdict only if the evidence is so weak or if the finding is so against the great weight and

preponderance of the evidence that it is clearly wrong and unjust. Id.

III. STAGGS’S LEGAL SUFFICIENCY CHALLENGE TO THE INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS FINDING

In his first issue, Staggs asserts that the evidence was legally insufficient to support

a finding that he intentionally inflicted emotional distress on Debbie because there was

4 no evidence to support two elements of her cause of action, i.e., that his conduct was

outrageous and that Debbie suffered severe distress as a result of such conduct.

A. Intentional Infliction of Emotional Distress Law

To prevail on a claim for the intentional infliction of emotional distress, Debbie had

to prove by a preponderance of the evidence that: (1) Staggs acted intentionally or

recklessly; (2) his conduct was extreme and outrageous; (3) his actions caused her

emotional distress; and (4) the emotional distress was severe. Hoffmann-La Roche Inc.

v. Zeltwanger, 144 S.W.3d 438, 445 (Tex. 2004); Wal-Mart Stores, Inc. v. Canchola, 121

S.W.3d 735, 740 (Tex. 2003) (per curiam). Staggs’s conduct satisfies the second

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