SMITH v. EAST

No. 03-11-00800-CV.

411 S.W.3d 519 (2013)

Debra SMITH, Appellant v. James EAST, Individually and d/b/a Avery Fine Wines & Spirits; and Terri Bayless East, Individually and d/b/a Avery Fine Wines & Spirits, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 20, 2013.


Attorney(s) appearing for the Case

Lloyd Robles , Robles & Associates, Austin, TX, for Appellant.

James W. Goldsmith Jr. , Naman, Howell, Smith & Lee, P.L.L.C., Austin, TX, for Appellees.

Before Justices PURYEAR, PEMBERTON and FIELD.


OPINION

BOB PEMBERTON, Justice.

Debra Smith appeals a take-nothing judgment in a wrongful-death action arising from the death of her daughter, S.S. The principal issue presented is whether Smith can recover on jury findings apportioning a combined total of more than 50% of responsibility for S.S.'s death to Smith and to S.S. herself, but less than 50% of responsibility to either of them individually. Concluding that Texas law bars Smith from recovering...

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