(DOWNLOAD) "Lisa Vawter v. Frank Garvey" by Supreme Court of Texas No. C-9003 # eBook PDF Kindle ePub Free

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eBook details

• Title: Lisa Vawter v. Frank Garvey
• Author : Supreme Court of Texas No. C-9003
• Release Date : January 07, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

This is a summary judgment case. Garvey filed suit to recover property damages sustained when his boat business was struck
by Vawter's vehicle which had been stolen. Garvey alleged that his damages were "proximately caused by the negligence of Vawter
in leaving her keys in the automobile while the same was unguarded." The trial court granted Vawter's motion for summary judgment
on the pleadings on the grounds that Vawter's actions could not, as a matter of law, be the proximate cause of Garvey's damages.
The court of appeals, however, reversed the trial court's judgment and remanded the cause for trial. 774 S.W.2d 86. Because
the court of appeals' decision conflicts with several of this court's prior opinions, we reverse its judgment and remand the
cause to that court for further consideration. The court of appeals concluded that Garvey's pleadings were insufficient to state a cause of action because they failed "to
allege that it was reasonably foreseeable that someone would use a car left with keys in the ignition to cause property damage,
or otherwise allege the foreseeability of the alleged negligence of [Vawter]". 774 S.W.2d at 87. It then held that the proper
method for attacking sufficiency of the pleadings is by special exception and that this should not be circumvented by a motion
for summary judgment based on failure to state a cause of action. Id. at 87. The court of appeals reversed the summary judgment
since the trial court did not require special exceptions and Garvey had no opportunity to amend his pleadings to state a cause
of action. Id. at 88.

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