(DOWNLOAD) "Koepke v. Martinez" by Texas Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Koepke v. Martinez
- Author : Texas Court of Appeals
- Release Date : January 22, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Following a dog attack, appellant, James A. Koepke, was sued by appellees Andres Martinez (Andres) and his wife Maria Martinez (Maria) under various theories of recovery, including negligence and bystander claims. Finding Koepke sixty percent negligent and Andres forty percent negligent, the jury awarded zero damages. Appellees filed a motion for judgment notwithstanding the verdict (JNOV). The trial court granted appellees motion for JNOV and entered a judgment awarding appellees approximately $200,000. The trial court overruled Koepkes motion for new trial, and Koepke subsequently filed his notice of appeal. By two points of error, Koepke contends: (1) the trial court should have granted his motion for summary judgment and/or directed verdict because he owed no duty to appellees as a matter of law; and (2) the trial court should have denied appellees motion for JNOV and entered judgment on the jurys verdict because a scintilla of evidence existed supporting the jurys findings. We reverse and render.