Second Court of Appeals | Case Summaries

Twenty Wings, Ltd. v. Tex. Alcoholic Beverage Commission, No. 02-0005-355 (June 29, 2006) (Dauphinot, J., joined by Cayce, C.J., and Gardner, J.).: Held: Because the TABC is an agency of exclusive jurisdiction, the trial court lacked subject matter jurisdiction to decide the issue of whether res judicata barred Appellant’s application for a mixed beverage permit prior to the conclusion of the administrative proceeding.
Huntley v. Enon Ltd. P'ship, No. 02-0004-388 (June 29, 2006) (Gardner, J., joined by Livingston and Walker, JJ.).: Held: Construing a commercial contract for the sale of a strip shopping center as a matter of law, the purchaser was entitled to a refund of his earnest money after terminating the contract, which he had a right to do. The trial court’s conclusions of law numbers seven, eight, and thirteen are erroneous as a matter of law, and the evidence is legally insufficient to support finding of fact number five.
Gen. Motors Corp. v. Burry, No. 02-0005-216 (June 29, 2006) (Livigston, J., joined by Dauphinot and Holman, JJ.).: Held: Evidence is legally sufficient to support jury verdict finding GM forty-nine percent liable for Appellee Stacey Burry's injuries that occurred in a traffic collision in which she was a passenger in a 2001 Chevy Suburban. The evidence showed that although the Suburban had a passenger side airbag, it did not deploy, it should have deployed in this type of accident, the addition of a second airbag sensor to the Suburban would have caused the airbag to deploy, and deployment of the airbag would have prevented Stacey's brain injuries. Appellees' experts were qualified and their testimony on the existence of a design defect, a safer alternative design, and causation, was reliable and not conclusory, speculative, or based on faulty assumptions. Additionally, the evidence was legally and factually sufficient to support all damages awarded by the jury except the award of bystander damages to Stacey's daughters; although they were in the Suburban when the accident occurred, there was no evidence regarding their reactions to the collision itself.
Nunez v. City of Sansom Park, No. 02-0005-293 (June 29, 2006) (McCoy, J., joined by Holman, J; Livingston, J., concurs with opinion).: Held: The trial court did not err by granting Appellee's plea to the jurisdiction. Appellants, who alleged that decedent used his shoe laces and bunk bed to hang himself in his jail cell, failed to allege facts establishing a waiver of Appellee's governmental immunity pursuant to Section 101.021(2) of the Texas Tort Claims Act.; Concurrence: Immunity has not been waived under section 101.021(2) of the civil practice and remedies code because the governmental unit was not using the personal property. Thus, our inquiry should turn on the lack of "use" by a governmental unit, instead of reaching the issue of causation as the majority has done.

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of June 26, 2006