Leyva v. Smith

KLINGEMAN, Justice.

This is a comparative negligence case. Appellee, James L. Smith, sued appellant, Gilbert M. Leyva, for damages to Smith’s car occurring in a two-car collision in Bexar County, Texas. Trial was to the court without a jury. The court found that plaintiff and defendant were equally at fault [each 50 percent responsible for the accident]; that the damages sustained by plaintiff in the accident were $300.00; and that plaintiff was entitled to judgment against defendant in the amount of $150.00 [50 percent of actual damages — $300.00].

The sole issue before us is whether the Texas…