Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sunbelt Rentals, Inc. v. Rogers

Court of Appeals of Texas, First District

June 13, 2017

SUNBELT RENTALS, INC., Appellant
v.
JULIE ROGERS, INDIVIDUALLY AND AS NEXT FRIEND OF D.R., A MINOR, AND DOUG ROGERS, INDIVIDUALLY, Appellees

         On Appeal from the 151st District Court Harris County, Texas Trial Court Case No. 2013-65334

          Panel consists of Chief Justice Radack and Justices Brown and Lloyd.

          MEMORANDUM OPINION

          Russell Lloyd Justice

         In this personal injury case, appellant, Sunbelt Rentals, Inc., challenges the trial court's judgment rendered on the jury verdict in favor of appellees, Julie Rogers, individually and as next friend of D.R., her minor son, and Doug Rogers, individually, on their negligence claims. In three issues, Sunbelt contends that the trial court erred in (1) disregarding the jury's findings of parental responsibility; (2) refusing to recognize a pleading for contribution; and (3) refusing to offset the amount owed on its contribution claim. We affirm.

         Background

         Sunbelt is an equipment rental company that operates a rental center abutting the northbound frontage road to Interstate Highway 45. On October 22, 2013, Cody Fox, a Sunbelt commercial driver, returned a rental truck to the rental center at the end of his work day. Because the gate to the facility was closed, Fox parked his truck in the driveway causing its back end to extend into the right lane of the frontage road.

         Julie Rogers was traveling in the right lane of the frontage road between FM 2920 and the Hardy Toll Road when her SUV struck the rear edge of the truck's flatbed. The flatbed sliced through the SUV and struck D.R. on the forehead, causing him to suffer an open skull fracture and severe brain injury.

         On October 29, 2013, Julie filed suit on behalf of D.R. asserting negligence claims against Sunbelt and Fox. Doug Rogers later intervened in the suit. On July 28, 2015, Julie, individually and on behalf of D.R., filed a fifth amended petition against Sunbelt and Fox adding claims for respondeat superior liability and negligent entrustment against Sunbelt, and gross negligence claims against Sunbelt and Fox.

          On July 28, 2015, Sunbelt and Fox filed their joint second amended answer asserting a general denial and several affirmative defenses. Julie and D.R.'s fifth amended petition, Doug's amended petition in intervention, and Sunbelt and Fox's second amended answer were the live pleadings at the time of trial.

         At the conclusion of trial, the jury answered the jury charge questions as follows:

         Question 1

         Did the negligence, if any, of those named below proximately cause the injury in question?

1 Sunbelt Rentals, Inc. Y ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.