Romero v. Brenes

Dissenting Opinion by JAMES R. EYLER, Judge.

I respectfully dissent.

At trial, appellants’ theory, based on Authur Gatewood’s testimony, was that Carlos Brenes was driving at a speed in excess of the speed limit and that negligent act caused him to lose control of his vehicle, strike the right curb, and veer across the highway into the median. Viewing the evidence in *300a light most favorable to appellants, it permits a finding that Carlos Brenes (1) exceeded the speed limit on a straight road; (2) struck the right curb;1 (3) then swerved left, crossing all three lanes of the roadway; and, (4)…