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Cruz v. Hinojosa12/1/1999
Opinion by:Karen Angelini, Justice
Concurring opinion by: Catherine Stone, Justice
AFFIRMED
Nature of the case
Elodia Cruz, Individually and as Next Friend of Dee D. Cruz, A Minor Child (collectively referred to as "Cruz") appeals from a take-nothing judgment rendered in favor of Sergio Hinojosa and Alicia Hinojosa, Individually, and Guardians of Alberto Hinojosa, A Minor, (collectively referred to as "Hinojosa") and E-Z-Go, A Division of Textron, Inc.; and Textron, Inc., (collectively referred to as "E-Z-Go"). Cruz filed a personal injury suit against the Hinojosas and E-Z-Go as a result of a golf cart accident in which her daughter, Dee Cruz, was injured. The Hinojosa's six year old son, Alberto Hinojosa, was the driver of the golf cart at the time Dee was hit by the golf cart. Cruz alleged that the Hinojosas were negligent in allowing Alberto to drive the golf cart. Cruz also alleged that E-Z-Go, the manufacturer and marketer of the golf cart, was liable under strict product liability theories. After hearing the evidence, the jury found that the accident occurred as the result of Dee's negligence and that no marketing, design, or manufacturing defects proximately caused the accident. The trial court entered a take nothing judgment against Cruz.
In the first issue, Cruz contends that the trial and judgment are a nullity because the trial court lacked jurisdiction to conduct the proceedings in an unauthorized place. In the second and third issues, Cruz complains of the court's failure to allow rebuttal evidence and exhibits to be sent to the jury during deliberations. In the fourth and fifth issues, Cruz asserts that the court erred by refusing to disqualify defense counsel and in permitting E- Z-Go to use undisclosed discovery. In the sixth and seventh issues, Cruz asserts that the evidence was legally and factually insufficient to support the jury's findings. We affirm the trial court's judgment.
Factual Background
Elodia Cruz gave Dee Cruz permission to attend a barbeque at the Hinojosa ranch with her friend Denise and Denise's parents. According to witnesses, Alberto had been giving children rides on the golf cart. Although Alberto was only six, his father, Sergio Hinojosa, had taught him how to drive the golf cart. Alberto weighed approximately 95 pounds and was tall for his age. Sergio testified that Alberto had driven the golf cart many times. Alberto drove Dee and Denise in the golf cart down to the pond to tell Sergio that dinner was ready. After reaching the pond, Dee and Denise exited the golf cart and began running back towards the house. Alberto gave three other children a ride and began driving toward the house. According to witnesses, Dee and Denise were running along the left side of the dirt road, while Alberto drove the golf cart in the center of the road. Suddenly, Dee veered into the road in front of the golf cart. Alberto applied the brake but the golf cart ran over Dee. Although Dee testified that Alberto was swerving to hit her, the other children testified that Dee ran in front of the golf cart. No adults witnessed the accident. After the accident, Alberto ran to tell his father about the accident and Dee was transported to the hospital.
Jurisdiction
In the first issue, Cruz asserts that the trial and judgment are void because the court lacked jurisdiction to hold the proceedings in a place not authorized by the county commissioners. At a pre-trial hearing on April 4, 1997, Judge Pope of the 381st District Court announced that no courtrooms would be available the week that the case was scheduled to begin. Judge Pope took judicial notice of the fact that the 381st court
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