HOUSTON – The First Court of Appeals recently affirmed a take-nothing judgment against a woman who sued after being rear-ended when she stopped in a “toll tag” lane.
Back in 2017, Louise Jowdy filed suit against Hermelinda Rossi and USAA Insurance, seeking damages for a vehicle collision allegedly caused by Rossi two years earlier.
Court records show that as Jowdy exited the Sam Houston Tollway she stopped near a tollbooth, despite the fact she was in the “toll tag” lane, and was rear-ended by Rossi.
Jowdy testified that she stopped because traffic was heavy.
At trial, a jury found that Rossi did not negligently cause the collision. A trial court then rendered a take-nothing judgment against Jowdy based on the verdict.
On appeal, Jowdy argued the jury’s finding of no negligence was against the overwhelming weight of the evidence and was therefore factually insufficient.
On July 6, the First Court affirmed the trial court’s judgment.
“In light of all the evidence, Jowdy has not shown that the jury’s verdict is against the great weight and preponderance of the evidence,” the opinion states. “Accordingly, we hold that the trial court did not err in rendering a take-nothing judgment on Jowdy’s claims based on the jury’s verdict.”
Appeals case No. 01-19-00715-CV