Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of July 26, 2010

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.

Crowson v. Bowen,   No. 02-09-00294-CV    (Jul. 29, 2010)   (McCoy, J., joined by Gardner, J., and Dixon W. Holman, J. (Senior Justice, Retired, Sitting by Assignment)).

Held:   Submission of Appellant's negligence to the jury was harmless because once the jury found that Appellees did not proximately cause the occurrence in question, Appellees were exonerated of liability such that neither an affirmative nor a negative answer to Appellant's negligence could have altered the verdict. Moreover, because the jury unconditionally considered damages and awarded Appellant zero dollars, the jury's findings on liability were immaterial and harmless.

The City of Fort Worth v. Davidsaver,   No. 02-09-00458-CV    (Jul. 29, 2010)   (McCoy, J., joined by Walker, J., and William Brigham, J. (Senior Justice, Retired, Sitting by Assignment)).

Held:   A police officer did not have standing to sue the city over the interpretation of a "meet and confer" agreement between the city and the police officers' association after the association declined to pursue his grievance against the city because (1) he was not a party to the agreement and the agreement did not give nonparty, individual police officers standing to sue; and (2) he did not plead facts showing that the association, as his bargaining agent, breached its duty of fair representation in its handling of his grievance.

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