Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of March 30, 2020.

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.

Edwards v. Lynn Smith Chevrolet, No. 02-19-00058-CV (Apr. 3, 2020) (Sudderth, C.J., joined by Womack and Wallach, JJ.).

Held: In this case arising from a fender-bender in a car dealership lot, the plaintiff’s allegations of the dealership’s “intransigence” during the discovery process did not absolve her of her evidentiary burden to establish the dealership’s negligence, nor did it entitle her to the application of res ipsa loquitor.  Because there was no evidence of the dealership’s negligence, the trial court did not abuse its discretion by granting a JNOV and denying the plaintiff’s motion for a posttrial pleading amendment.