jesus-de-los-santos-jr-individually-and-as-representative-of-the-estate ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
DISSENTING OPINION
No. 04-14-00562-CV
Jesus DE LOS SANTOS, Jr., Individually and as Representative of the Estate of Jesus Francisco
De Los Santos, Deceased, and Juan De Los Santos, Individually, and Mark Soliz, Jr.
Appellants
v.
Ford Motor Company and Marco
FORD MOTOR COMPANY,
Appellee
From the 79th Judicial District Court, Jim Wells County, Texas
Trial Court No. 11-08-50394-CV
Honorable Richard C. Terrell, Judge Presiding
Opinion by: Marialyn Barnard, Justice
Dissenting Opinion by: Rebeca C. Martinez, Justice
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: June 17, 2015
A directed verdict is proper when no evidence of probative force raises a fact issue on a
material element of the plaintiff’s claim, or when the evidence conclusively establishes a defense
to the plaintiff’s cause of action. Prudential Ins. Co. of Am. v. Fin. Review Servs. Inc., 29 S.W.3d
74, 77 (Tex. 2000). I believe that in this case Appellants did present more than a scintilla of
probative evidence to establish a manufacturing defect. Because the majority holds otherwise, I
respectfully dissent.
Rebeca C. Martinez, Justice