Estate of Nixon v. Government Employees Insurance

ORDER

SCOTT O. WRIGHT, Senior District Judge.

Before the court is Defendant’s Motion for Application of Texas’ Law of Comparative Fault (Doc. #22). For the reasons stated below, the motion is granted.

I. Background

The facts giving rise to plaintiffs claim, as detailed by the parties in their motions, are as follows. On October 15, 2010, Nancy L. Nixon (“Nixon”) was travelling west on U.S. Highway 54, a two-lane highway, in Hartley County, Texas, when she attempted to pass a vehicle by entering into the lane of oncoming traffic. According to the Complaint, the vehicle Nixon was attempting to pass…