Graham v. Franco
Texas Supreme Court
488 S.W.2d 390 (1972)
- Written by Whitney Kamerzel , JD
Facts
Lydia Franco (plaintiff) was injured in a car accident by the negligence of Bill Graham (defendant) and of her husband, Rafael Franco (plaintiff). Lydia and Rafael sued Graham to recover personal-injury damages for Graham’s negligence. Graham raised a contributory negligence defense and argued that Rafael’s negligence barred Lydia’s recovery of personal-injury damages. The trial court held in Graham’s favor. The appellate court reversed, awarding Lydia personal-injury damages and categorizing them as her separate property because a Texas statute stated that recovery for injury, pain, and suffering was an injured spouse’s separate property. The trial court held that because Lydia’s personal-injury damages were her separate property, Rafael’s negligence did not bar her recovery. Graham appealed, arguing Rafael’s contributory negligence barred Lydia’s recovery because any recovery would be Rafael and Lydia’s community property.
Rule of Law
Issue
Holding and Reasoning (Greenhill, C.J.)
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