Legal Opinion

Dunagan, Orville Paul v. Coleman, Bryan

Texas Court of Appeals, 5th District (Dallas)

Decided April 7, 2014No. 05-12-00171-CVPublishedCited by 5 opinions

1Opinion of the Court

OPINION

Opinion by

Justice EVANS.

In this appeal from a jury trial, Orville Paul Dunagan contends the trial court erred in failing to direct a verdict in his favor on the negligence claim against him. Because we conclude the ordinary negligence standard does not apply and there was no evidence that Dunagan engaged in reckless conduct, we reverse the trial court’s judgment and render judgment in favor of Dunagan.

FACTUAL BACKGROUND

Orville Paul Dunagan and Bryan Coleman were friends and teammates on a slow-pitch softball team. Before the incident made the subject of this lawsuit, the men had played…

2Cases cited14 opinions

  1. U-Haul International, Inc. v. WaldripTexas Supreme Court · 2012
  2. Vance v. My Apartment Steak House of San Antonio, Inc.Texas Supreme Court · 1984
  3. Fein v. R.P.H., Inc., Texas Court of Appeals, 14th District (Houston)2002
  4. Chrismon v. Brown, Texas Court of Appeals, 14th District (Houston)2008
  5. H.S.M. Acquisitions, Inc. v. West, Texas Court of Appeals, 13th District1996

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Laughman v. GirtakovskisColorado Court of Appeals · 2015
  2. G. R. Auto Care, Radita Gheorghe, and Laurentio Gheorghe v. .Proem Design-Build, Inc., Jake Emery, and Keith Messick, Texas Court of Appeals, 1st District (Houston)2018
  3. G. R. Auto Care, Radita Gheorghe, and Laurentio Gheorghe v. NCI Group, Inc. D/B/A Mid-West Steel Buiilding Co., Texas Court of Appeals, 1st District (Houston)2018
  4. Mitchell v. Baylor UniversityDistrict Court, W.D. Texas · 2022
  5. Samuel Patrick Brennan v. Matthew Kaufman, Texas Court of Appeals, 14th District (Houston)2021

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