Logourl black
From our private database of 14,100+ case briefs...

Perez v. Kirk & Carrigan

Court of Appeals of Texas
822 S.W.2d 261 (1991)


During the course of his employment as a truck driver for Valley Coca-Cola Bottling Company (Valley Coca-Cola), Ruben Perez (plaintiff) failed to stop at an intersection and collided with a school bus, killing 21 children. Valley Coca-Cola retained Attorneys Dana Kirk and Steve Carrigan (defendants) of the law firm Kirk & Carrigan (defendant). Kirk and Carrigan met with Perez in the hospital and took a statement under oath. According to Perez, Kirk and Carrigan said that they represented him, as well as his employer, and assured him that their communications would be kept confidential. When the county district attorney brought criminal charges against Perez, Kirk and Carrigan arranged for Perez to be represented in the criminal proceedings by an attorney for Valley Coca-Cola’s insurance company. Later, allegedly under threat of subpoena, Kirk and Carrigan gave the district attorney a copy of the statement they had taken from Perez in the hospital. The statement contributed to evidence that led to Perez being indicted by a grand jury on charges of involuntary manslaughter. Perez filed suit against the law firm of Kirk & Carrigan, as well as the individual attorneys, seeking damages for emotional distress and mental anguish based on claims that included breach of fiduciary duty. The trial court granted summary judgment in favor of the defendants. Perez appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.


The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Dorsey, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.