in Re: Jada Watson ( 2022 )


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  • DENY and Opinion Filed December 6, 2022
    S  In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-22-01143-CV
    IN RE JADA WATSON, Relator
    Original Proceeding from the 162nd Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DC-21-07717
    MEMORANDUM OPINION
    Before Chief Justice Burns and Justices Partida-Kipness and Smith
    Opinion by Justice Partida-Kipness
    Relator Jada Watson brings this original proceeding to challenge the
    designation of an unknown driver as a responsible third party in her personal injury
    suit. Relator disputes whether the real parties’ allegations—that relator’s injuries
    “are the result” of the unknown driver’s “criminal” conduct of committing a “hit-
    and-run”—are sufficient to give fair notice of a claim that the unknown driver’s
    criminal act caused relator’s injury. See TEX. CIV. PRAC. & REM. CODE § 33.004(j);
    In re YRC Inc., 
    646 S.W.3d 805
    , 809 (Tex. 2022) (orig. proceeding).
    “Mandamus relief is warranted when a trial court clearly abuses its discretion
    and the relator has no adequate remedy by appeal.” YRC, 646 S.W.3d at 808. After
    reviewing the petition and the mandamus record, we conclude relator has not shown
    she is entitled to the relief requested. See In re Windstar Trucking, LLC, No. 08-21-
    00001-CV, __S.W.3d__, __, 
    2022 WL 3699963
    , at *3 (Tex. App.—El Paso Aug.
    26, 2022, orig. proceeding).
    Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R.
    CIV. P. 52.8(a).
    /Robbie Partida-Kipness/
    ROBBIE PARTIDA-KIPNESS
    JUSTICE
    221143F.P05
    –2–
    

Document Info

Docket Number: 05-22-01143-CV

Filed Date: 12/6/2022

Precedential Status: Precedential

Modified Date: 12/14/2022