Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of January 25, 2016.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

In re State Farm Mut. Auto. Ins. Co., No. 02-15-00252-CV (Jan. 26, 2016) (orig. proceeding) (Gardner, J., joined by Livingston, C.J., and Gabriel, J.).

Held: After conducting a merits-based review of the trial court's articulated reasons for granting plaintiffs a new trial—as permitted by In re Toyota Motor Sales, USA, Inc., 407 S.W.3d 746 (Tex. 2013) (orig. proceeding)—the court determined that the jury's finding that one of the plaintiffs sustained no compensable physical pain and suffering was not so clearly against the "great weight and preponderance of the evidence" as to be clearly wrong and unjust.  Therefore, the trial court abused its discretion by granting a new trial.  Because a remedy by appeal is inadequate, relator is entitled to mandamus relief.