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Reagan v. Vaughn

804 S.W.2d 463 (1990)

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Reagan v. Vaughn

Texas Supreme Court

804 S.W.2d 463 (1990)

Facts

David Reagan (plaintiff) was a 22-year-old, unemployed man. Reagan was a regular at K-Jacs Saloon and had a four-year-old daughter. One day, Reagan came in and began drinking at about 4 p.m. and continued drinking until the bar closed at 2 a.m. Reagan was upset because he was about to finalize his divorce. After the bar closed, Reagan got into a confrontation in the parking lot. Reagan was aggressive and started a fight. Reagan then refused to break up the fight and continued to try to hit others in the parking lot. Eventually, the bar manager hit Reagan with a baseball bat. The hit landed on Reagan’s head and resulted in a severe brain injury. Reagan’s mental capacity was reduced to that of a six- or seven-year-old child. Reagan and his daughter sued the bar manager and the two owners of the bar (defendants). After a trial, the jury awarded Reagan damages in the amount of approximately $2.4 million and awarded approximately $400,000 in damages to Reagan’s daughter for loss of parental care, nurture, and guidance. The bar manager and owners appealed.

Rule of Law

Issue

Holding and Reasoning (Gonzalez, J.)

Dissent (Hecht, J.)

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