Eisen v. Bartlett

I respectfully dissent.

In his first point of error, Eisen contends the jury finding that Bartlett’s negligence was not the proximate cause of the rear-end collision to Eisen’s car is against the great weight and preponderance of the evidence.

In reviewing a factual insufficiency point of error, an appellate court must examine all the evidence; and, having considered and weighed all of the evidence, it should set aside the verdict only if the evidence is so weak or the finding is so against the great weight and preponderance of the evidence that it is clearly wrong and unjust. Cain v. Bain, 709…