Nabors Well Services, Ltd. v. Romero

456 S.W.3d 553 (2015)

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Nature of the Case

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Facts

D's transport truck and a Chevrolet Suburban with eight occupants (Ps)-three adults and five children got into an accident. Both vehicles were traveling southbound on a two-lane U.S. Highway. D's truck slowed to make a left turn into a D facility, Martin Soto, the Suburban's driver, pulled into the opposing traffic lane and attempted to pass the transport truck. As Soto passed, the transport truck began its left turn and clipped the Suburban, which careened off the highway and rolled multiple times. Aydee Romero, an adult passenger, was killed in the accident. Martin, his wife Esperanza Soto, and all five children-Esperanza, Guadalupe, Marielena Soto, and Edgar and Saul Romero-suffered injuries. There is conflicting evidence as to which occupants were belted and which were ejected from the Suburban. A state trooper wrote in his report that all occupants were unrestrained except Marielena and the elder Esperanza. But both of them, along with the younger Esperanza, testified they did not use seat belts, while Martin and Guadalupe testified they wore theirs. Guadalupe testified all occupants were ejected except for Martin and Edgar, but Edgar testified he was ejected. And an EMS report stated one of the family members reported at the scene that seven of eight occupants were ejected. Ps sued d At trial, D sought to offer expert testimony from a biomechanical engineer, James Funk, Ph.D., that seven of the eight Suburban occupants were unbelted (all except Martin, the driver), that five of those seven were ejected from the vehicle, and that the failure to use seat belts caused the passengers' injuries and the one fatality. The trial court excluded all evidence of the nonuse of seat belts. The court of appeals affirmed.