Lissa Whyte Douglas v. Maria Del Carmen Aguilar ( 2020 )

Reversed and Remanded and Majority and Dissenting Opinions filed April 2,
2020.
In The
Fourteenth Court of Appeals
NO. 14-18-00900-CV
LISSA WHYTE DOUGLAS, Appellant
V.
MARIA DEL CARMEN AGUILAR, Appellee
On Appeal from the 125th District Court
Harris County, Texas
Trial Court Cause No. 2016-36005
DISSENTING OPINION
This case is remarkably similar to Ginn v. Pierce, No. 14-17-00742-CV,
2019 WL 4511328 (Tex. App.—Houston [14th Dist.] Sept. 19, 2019, no pet.).
There, we reversed the trial court’s denial of plaintiff’s motion for directed verdict
(as to liability) where defendant admitted fault. Here, defendant admitted
responsibility and there was no evidence adduced at trial that plaintiff was
contributorily negligent.
Finding nothing to reverse and concluding the majority erroneously finds
otherwise while ignoring our precedent, I believe the trial court’s ruling should be
affirmed.
/s/ Meagan Hassan
Justice
Panel consists of Justices Zimmerer, Spain, and Hassan (Zimmerer, J., majority).
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