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.

Delcid v. JC Towing & Recovery, Inc.

Court of Appeals of Texas, First District

November 14, 2019

EDILBERTO VASQUEZ DELCID, Appellant
v.
JC TOWING & RECOVERY, INC. AND JULIAN CARMONA, Appellee

          On Appeal from the 152nd District Court Harris County, Texas Trial Court Case No. 2016-41368

          Panel consists of Justices Kelly, Hightower, and Countiss.

          MEMORANDUM OPINION

          Peter Kelly Justice

         Edilberto Vasquez Delcid ("Vasquez") sued JC Towing & Recovery, Inc. and Julian Carmona alleging strict liability under the Texas Vehicle Towing and Booting Act, as well as conspiracy and negligence claims. He alleged that he was assaulted while waiting for a ride after his vehicle was towed. The trial court granted a no-evidence summary judgment, which Vasquez challenges in his sole issue on appeal.

         We reverse and remand to the trial court.

         Background

         Vasquez was at an apartment complex where JC Towing, which is owned by Julian Carmona, had a contract to tow improperly parked cars. When he realized his vehicle had been towed, he alerted the management office. While he was waiting for a ride, he was assaulted and robbed by people he did not know. He was treated at an emergency room. Later, he retrieved his vehicle. JC Towing did not charge him for towing or storage of his vehicle.

         Vasquez sued the apartment complex, the apartment management company, JC Towing, and Carmona. He alleged strict liability under the Texas Vehicle Towing and Booting Act, asserting that the parking signs at the apartment complex did not comply with Chapter 2308. See Tex. Occ. Code §§ 2308.001-.505. He alleged that the signs on the property did not comply with the requirements of Chapter 2308. In the alternative he alleged conspiracy and premises liability claims and that JC Towing was negligent in towing his vehicle. He alleged "damages related to court costs, medical expenses, pain, suffering, mental anguish, bodily injuries, exemplary damages, pre-judgment interest, post-judgment interest, physical impairment, disfigurement, and special damages." He also sought "all statutory damages pursuant to the Texas Occupations Code section 2308.404."

         JC Towing and Carmona filed no-evidence motions for summary judgment asserting that there was no evidence of: (1) foreseeability of criminal activity (premises liability claim); (2) duty (premises liability claim); (3) causation (premises liability claim); (4) violation of Tex. Occ. Code §2308.404 or Subchapter G of Chapter 2308 of the Occupations Code (strict liability claim); and (5) causation (strict liability claim).

         Vasquez responded with summary judgment evidence that consisted of: (1) a towing agreement between the apartment complex and JC Towing; (2) responses to requests for disclosures; (3) a transcript of Carmona's deposition; and (4) a printout from a website that Vasquez characterized as excerpts from the Texas Administrative Code. In his deposition, Carmona testified that Vasquez's car was towed because it was parked in a residents-only parking spot and did not have a resident parking permit. He also testified that he returned Vasquez's car at no cost out of sympathy for what had happened to him. During his deposition, Carmona was shown photographs showing signs present in the apartment complex parking lot. Carmona could not confirm that they were the same signs that were present on August 13, 2015, when Vasquez's vehicle was towed. He agreed that there was no sign on the space where Vasquez had parked indicating that he was not permitted to park there. Carmona also denied that the assault and robbery was in any way related to the towing of Vasquez's car.

         JC Towing and Carmona objected to the towing agreement, the disclosures, and website printout on grounds of hearsay and authentication. They also argued that Vasquez had failed to provide any evidence of foreseeability or causation. In addition, they provided an affidavit from Carmona averring that JC Towing was "properly permitted and licensed," and "in substantial compliance with the Towing and Booting Act," that the signs complied with the law, and that the tow of Vasquez's vehicle was "lawful." Vasquez objected to Carmona's affidavit as conclusory.

         The trial court granted the no-evidence motion for summary judgment filed by JC Towing and Carmona. The trial court later entered an order of dismissal for want of prosecution resolving the remainder the of the case.

         Vasquez ...


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.