Hernandez v. Ford Motor Co.

ORDER DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE BYSTANDER CLAIMS

HEAD, Chief Judge.

Pending before this Court is Defendant’s Motion for Partial Summary Judgment as to Bystander Claims (D.E.50).

The Hernandez family members (aside from Irma) are seeking recovery solely as bystanders. Plaintiffs Jose, Ana, Anibel, and Anna Hernandez all personally witnessed the tragic occurrence and the serious, life threatening injuries suffered by Irma Hernandez. To recover as a bystander under Texas law, a plaintiff is required to establish that:(1) The plaintiff was located near the…