 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Perez v. Lopez3/7/2002
by another, who was not a party to the sale. See id. at 785. The court found there was no evidence presented that should have alerted any Kmart employee that the minors would put the bullets in the hand of someone who would engage in criminal conduct. See id. at 786. The court also found that the acts directly leading to Cowart's shooting constituted an extraordinary, not a normal, sequence of events that was initiated after Kmart's sale of the ammunition. See id. at 785.
In the case at bar, it is undisputed that Albert committed suicide. Thus, we must determine whether there was any evidence presented that his death was foreseeable. Appellees testified that Albert did not do or say anything that led them to believe or suspect he was going to commit suicide. Omar Ramos, Albert's best friend, was with Albert at Appellee's shop and confirmed their testimony. Appellant and Albert's sister and mother testified that they had no idea that Albert was depressed or that he was considering suicide. Ramos testified that he knew Albert was upset, but he didn't tell anyone about it. Based on this testimony, there is no evidence that Albert said or did anything to put Appellees on notice of his intent to commit suicide. The evidence established that Albert's suicide was not foreseeable to his family. Likewise, the evidence established that it was not foreseeable to Appellees. Appellant was required to present some evidence that Appellees had notice that Albert intended to commit suicide. In failing to present such evidence, Appellant did not meet his burden of proof. Thus, the trial court erred in failing to grant Appellees' directed verdict. Appellees' Cross-Issue is sustained.
Having overruled each of Appellant's issues on review, but further having sustained Appellees' cross-point that there was no evidence of foreseeability or proximate cause, we reverse, the judgment of the trial court and render judgment in favor of Appellees' Cross-Appellants.
(Larsen, J., Dissenting)
(Publish)
DISSENTING OPINION
I disagree with several conclusions reached by the majority here, and therefore I must respectfully dissent.
Factual Sufficiency Of Zero Damage Findings
First, in detailing the evidence on Alberto Perez Sr.'s mental anguish and loss of companionship and society of his son, the majority recites no evidence supporting the jury's finding of zero damages. Instead, all evidence listed (and all that solicited at trial) supports a finding that Mr. Perez suffered terribly following his son's suicide, as almost any parent would. The majority opinion simply recites the deferential standard we apply in determining factual sufficiency of the evidence, then fails to engage in any analysis of what evidence supports the jury's damage findings and prevents them from being manifestly unjust. I can find none. Indeed, defendants in their response brief cite only two pieces of evidence that might support the jury's failure to award damages: that plaintiff suffered depression and sought treatment prior to his son's suicide, and that after his parents' divorce , Albert Jr. lived with his mother during the week, seeing his father mainly on weekends. In this case, the second fact I find irrelevant to the issue of mental anguish and loss of companionship. There is no evidence that plaintiff was anything but a loving, involved father, and that he and the deceased's mother were divorced does not diminish that. The first fact cited, while perhaps relevant, is answered by the testimony of Dr. Aboud that Perez's depression was qualitatively different, and much more severe, than any problems he had exhibited prior to the suicide.
In analyzing
Page 1 2 3 4 5 6 7 8 9 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|