 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Cruz v. Hinojosa12/1/1999
and marketed. Cruz, however, points to no record evidence to support this assertion. Having reviewed the evidence supporting the jury's finding, we find evidence that the accident was proximately caused by Dee's negligence and not as a result of any defect. E-Z-Go's expert, Powell, testified that only one other golf cart manufacturer had used a warning label about children driving the golf cart and no such warnings were required by industry standards. With regard to a design defect, Powell testified that the seat brake had been ineffective and would have permitted Alberto, who weighed 90 to 95 pounds, to operate the golf cart. Thus, legally sufficient evidence exists to support the verdict. We overrule the sixth issue.
Under a factual sufficiency challenge, the party who had the burden of proof must demonstrate that the adverse finding is against the great weight and preponderance of the evidence. See Croucher v. Croucher, 660 S.W.2d 55, 58 (Tex. 1983). In reviewing factual sufficiency issues, the reviewing court considers all of the evidence to determine whether the findings are so against the great weight and preponderance of the evidence as to be manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King's Estate, 150 Tex. 662, 244 S.W.2d 660, 661 (1951).
Viewing all of the evidence, we find that witnesses to the accident testified that Dee ran in front of the golf cart. Although Dee testified that Alberto chased her and swerved to hit her, the jury assesses the credibility of the witnesses and we do not substitute our judgment for that of the fact-finder. See Pool v. Ford Motor Co., 715 S.W.2d 629, 634 (Tex. 1986). With regard to the defects in the golf cart, each side presented expert testimony concerning the necessity of warning labels and a seat brake mechanism. The jury was entitled to believe the testimony of E-Z-Go's expert. Having reviewed all of the evidence, we find that the jury's findings are not so against the great weight and preponderance of the evidence as to be manifestly unjust. Thus, the evidence was factually sufficient to support the judgment. We overrule the seventh issue.
We affirm the judgment.
Karen Angelini, Justice
PUBLISH
Page 1 2 3 4 5 6 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|