Case Summaries

[10/10] In Re: Volkswagen of Am. Inc.
In a products-liability suit alleging that design defects in defendant's automobile caused plaintiffs' injuries in a freeway accident, defendant's petition for a writ of mandamus to transfer venue is granted by the court sitting en banc where: 1) mandamus is an appropriate means to review a district court's ruling on a venue transfer motion when there is a clear abuse of discretion; 2) the district court's analysis of the venue-transfer factors was erroneous, and as a result defendant had a clear and indisputable right to issuance of the writ; and 3) defendant showed that it had no other adequate means to attain relief.

[10/06] Cuonzo v. Shore
In a suit by the estate of a passenger killed in an automobile accident, jury verdict finding neither driver negligent and denial of plaintiff's motion for a new trial are affirmed where: 1) the jury could reasonably have found that the evidence was balanced and that plaintiff had failed to carry its burden of proof that one or both drivers were negligent, despite the fact that the accident was clearly the result of the negligence of at least one party; and 2) the exclusion of photographs of the accident scene was within the discretion of the trial court.

[08/29] Kerlin v. Sauceda
In a suit alleging that defendant defrauded plaintiffs of oil and gas royalties and other interests in Padre Island, judgments for plaintiffs are reversed as time-barred where: 1) plaintiffs could have discovered defendant's wrongdoing through reasonable diligence and were not entitled to tolling of the running of limitations on that basis; and 2) defendant was present in the state, by virtue of doing business there, during all of the alleged wrongdoing, and statutory tolling therefore did not apply. (Revised opinion)

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