BEAUMONT – The Ninth Court of Appeals today affirmed a take-nothing judgment in an automobile collision lawsuit out of Montgomery County.
The suit was brought by Deann Marlett against Donald Moyer.
Court records show as Moyer approached an intersection controlled by a traffic light, he struck Marlett’s SUV.
According to the Ninth Court’s opinion, Marlett and Moyer were the only eyewitnesses to the collision who testified in the trial. Their respective accounts describing what happened are not entirely consistent.
A jury found no negligence on Moyer’s part. Based on the finding, the trial court signed a take-nothing judgment, court records show.
On appeal, Marlett argued the jury’s finding that Moyer was not negligent is contrary to the overwhelming great weight of the evidence the jury was asked to consider in the trial.
“We are not persuaded that reasonable jurors could not have found from the evidence that Marlett failed to meet her burden of proving that Moyer’s negligence caused the collision,” the opinion states. “We overrule Marlett’s sole issue. Accordingly, the trial court’s judgment is affirmed.”
Appeals case No. 09-19-00063-CV