Johnson v. Holly Farms of Texas, Inc.
Texas Court of Appeals
731 S.W.2d 641 (1987)
- Written by Tammy Boggs, JD
Facts
Amy Johnson was killed in a car accident. Amy was the minor daughter of married parents Sally and W.D. Johnson (plaintiffs). The Johnsons initiated a wrongful-death action against Holly Farms of Texas and several other parties (collectively, Holly Farms) (defendants). Evidence showed that the negligence of both Holly Farms’ truck driver and W.D.’s agent had contributed to causing Amy’s death. The jury found that W.D.’s agent was at greater fault. The jury assessed and awarded the Johnsons damages for (1) pecuniary loss, (2) loss of companionship, and (3) mental anguish. The trial court entered a take-nothing judgment, however, believing that the Johnsons’ recovery was foreclosed by contributory negligence. The Johnsons appealed, and the court of appeals had to determine whether the recovery was community or separate property. If damages were characterized as separate property, Sally would not be foreclosed from a recovery on account of W.D.’s contributory negligence.
Rule of Law
Issue
Holding and Reasoning (Countiss, J.)
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