The Texas Court of Appeals has refused to reinstate a $25,236 jury verdict in favor of a service customer whose 2006 Chevrolet Equinox was hit by another vehicle backing out of a service bay.
The three-judge panel unanimously found that Millicent Edwards failed to provide evidence that Lynn Smith Chevrolet, in the suburban Fort Worth city of Burleson, was responsible for her injuries from the January 2014 collision.
According to the April opinion, Edwards was at the dealership for an oil change. "As she left, she noticed that the oil light was still on so she flagged down an employee. While they were talking, another car backed out of the service bay and hit her car."
A jury found in favor of Edwards, but the trial judge overturned the award. The Court of Appeals also sided with the dealership, saying, "There is no evidence that a Lynn Smith employee ... was driving the car that struck Edwards's." In fact, it continued, Edwards testified that she didn't see a dealership employee driving the other car and didn't believe an employee deliberately struck her Equinox.