Bergob v. Scrushy

I dissent from the decision to deny Heather Bergob’s petition for a writ of certiorari. The jury found in favor of Ber-gob on Scrushy’s negligence claim. The Court of Civil Appeals reversed the judgment entered on that jury verdict and remanded the case for the trial court to enter a judgment as a matter of law for Scrushy on the issue of contributory negligence.

The facts of the case as related in the opinion of the Court of Civil Appeals are necessary for an understanding of that decision and of why I must dissent from denying certiorari review.

“The parties were involved in an automobile…