[DOWNLOAD] "Davey Joe Dawson v. Louisa Garcia" by Third District, Austin Court of Appeals of Texas * Book PDF Kindle ePub Free

eBook details

Title: Davey Joe Dawson v. Louisa Garcia
Author : Third District, Austin Court of Appeals of Texas
Release Date : January 17, 1984
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 72 KB

Description

Appellant, Davey Joe Dawson, appeals a judgment in favor of appellees, Louisa Garcia, individually, and as next friend of Alberto Garcia, a minor, and Isabel Garcia Carranza arising out of an intersectional automobile collision between vehicles driven by Dawson and Nick Garcia, the spouse and father of the Garcias. Judgments were also rendered in favor of Dawson and the passenger in his automobile, Jack Cook, against Louisa Garcia, as community administratrix of the estate of Nick Garcia; however, no appeal was perfected from those judgments. The principal issues involve (1) the right to recover any damages for bystanders mental anguish where the decedents negligence exceeds that of the defendant; (2) the existence, or sufficiency, of evidence of contemporaneous perception of the accident; (3) abuse of discretion in awarding fees to a guardian ad litem resulting from trial court bias and prejudice against insurance companies; (4) the separate or community nature of recovery for medical expenses, lost earnings, and lost earning capacity if a spouse dies the day following the accident and (5) the right to recover pre-judgment interest on medical expenses in the absence of any pleading for interest. For the reasons that follow, we reverse and render.