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Loera v. Fuentes

In this personal injury case, the trial court ordered the appellants to take nothing. The trial court erred in admitting evidence of non-use of seat belts. That admission likely caused the rendition of an improper judgment. The trial court's judgment is reversed and remanded for a new trial. El Paso Court of Appeals, No. 08-11-00182-CV, 01-30-2013.

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OPINION

This is personal injury case arising out of injuries sustained in a collision between the Loeras’ pickup truck and a tractor-trailer driven by Joe Fuentes and owned by Nabors Well Services, Ltd. After hearing all the evidence, including testimony from two experts regarding the Loeras’ failure to wear seat belts, the jury found Fuentes to be 50% negligent in causing or contributing to cause the "occurrence or injury," Nabors 10% negligent, and Morayma Loera, the driver, 40% negligent. The jury also found that Morayma and her parents were engaged in a joint business enterprise at the time of the accident, imputing Morayma’s negligence to Josefina and Armando. The jury was also asked two questions regarding the Loeras’ failure to wear seat belts and answered as follows:

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