Court of Appeals of Texas, Sixth District, Texarkana
Submitted: June 21, 2019
Appeal from the County Court at Law No. 1 Travis County,
Texas Trial Court No. C-1-CV-17-009428
Morriss, C.J., Burgess and Stevens, JJ.
E. STEVENS JUSTICE
Thi Nguyen and Tiya Bogale were involved in an automobile
collision in an Austin, Texas, parking lot. After
Nguyen's damages were compensated by her insurance
company, GEICO County Mutual Insurance, GEICO filed a
subrogation suit alleging that Bogale's negligence caused
the collision. Since a bench trial determined otherwise,
GEICO appeals from the take-nothing judgment entered in favor
of Bogle. Because we overrule GEICO's legal and factual
sufficiency arguments, we affirm the trial court's
Standard of Review
an appeal from a judgment rendered after a bench trial, the
trial court's findings of fact have the same weight as a
jury's verdict, and we review the factual sufficiency of
the evidence to support them as we would review a jury's
findings." MJAH Holdings, LLC v. Henson, No.
03-18-00012-CV, 2019 WL 1413282, at *4 (Tex. App.-Austin Mar.
29, 2019, no pet.) (mem. op.) (citing Catalina v.
Blasdel, 881 S.W.2d 295, 297 (Tex. 1994)); see
Murray v. Grayum, No. 03-10-00165-CV, 2011 WL 2533796,
at *2 (Tex. App.-Austin June 24, 2011, pet. denied) (mem.
op.) (citing Ortiz v. Jones, 917 S.W.2d 770, 772
(Tex. 1996) (per curiam)).
a bench trial where no findings of fact or conclusions of law
are requested by the parties or filed by the trial court, the
judgment implies all findings of fact necessary to support
it." Johnson v. Oliver, 250 S.W.3d 182, 186
(Tex. App.-Dallas 2008, no pet.); see Moncrief Oil
Int'l, Inc. v. OAO Gazprom, 414 S.W.3d 142, 150
(Tex. 2013); Worford v. Stamper, 801 S.W.2d 108, 109
(Tex. 1990) (per curiam). "If a reporter's record is
filed, an appellant may challenge the legal and factual
sufficiency of the trial court's implied findings."
Hampden Corp., 2014 WL 2921655, at *6; see
Grayum, 2011 WL 2533796, at *2. The trial court, as
the finder of fact, "is the sole judge of the
credibility of the witnesses and the weight to be given their
testimony, and we will not disturb the court's resolution
of evidentiary conflicts that turn on credibility
determinations or the weight of the evidence."
Grayum, 2011 WL 2533796, at *2 (citing
McGalliard v. Kuhlmann, 722 S.W.2d 694, 696 (Tex.
Austin Court of Appeals explained in Grayum,
We will sustain a challenge to legal sufficiency if there is
a complete absence of evidence of an essential fact, the
trial court was barred by rules of law or evidence from
giving weight to the only evidence proving an essential fact,
no more than a scintilla of evidence was offered to prove an
essential fact, or the evidence conclusively establishes the
opposite of the essential fact.
Id. (citing City of Keller v. Wilson, 168
S.W.3d 802, 810 (Tex. 2005)). "We view the evidence in
the light most favorable to the trial court's
determination, crediting favorable evidence if a reasonable
fact[-]finder could have done so and disregarding contrary
evidence unless a reasonable fact[-]finder could not."
Id. (citing Wilson, 168 S.W.3d at 807).
reviewing a factual-sufficiency challenge, we examine the
entire record and consider and weigh all the evidence, both
in support of and contrary to the challenged finding."
Henson, 2019 WL 1413282, at *4. "When, as here,
a party attacks the factual sufficiency of the evidence
supporting an adverse finding on an issue on which it has the
burden of proof, it must demonstrate on appeal that the
adverse finding is against the great weight and preponderance
of the evidence." Id. "[W]e review all the
evidence and set aside the judgment only if it is so contrary
to the overwhelming weight of the evidence that it is clearly
wrong and unjust." Grayum, 2011 WL 2533796, at
*2 (citing Cain v. Bain, 709 S.W.2d 175, 176 (Tex.
1986) (per curiam)); see Mattingly v. Swisher Int'l,
Inc., No. 03-17-00510-CV, 2018 WL 454787, at *3 (Tex.
App-Austin Jan. 11, 2018, pet. denied).
The Evidence at Trial
trial, GEICO introduced a copy of the police report, which
listed both Nguyen and Bogale at fault. The report stated
Nguyen and Bogale were driving in opposite directions in a
parking lot and "attempted to turn into the same parking
[a]isle" when they collided ...