Allways Auto Grp., Ltd. v. Steven Walters, 530 S.W.3d 147 (Tex. 2017). · Go Syfert
Allways Auto Grp., Ltd. v. Steven Walters, 530 S.W.3d 147 (Tex. 2017). Cases Citing This Book View Copy Cite
36 citation events (36 in the last 25 years) across 6 distinct courts.
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Cited for
At page 149 Establishing legal causation when injury is attenuated16 citing cases“the connection between the defendant and the plaintiff's injuries simply may be too attenuated”8 citing courts quote it
  • James Shaffer v. Marquita Jomes, No. 01-25-00011-CV (Apr. 28, 2026).published
    Allways Auto Grp., Ltd. v. Walters, 530 S.W.3d 147, 149 (Tex. 2017) (internal quotations omitted).
  • Gary Horndeski M.D. v. Cheryl Price, No. 01-23-00602-CV (Tex. App.—Houston [1st Dist.] Apr. 16, 2024).published
    Allways Auto Grp., Ltd. v. Walters, 530 S.W.3d 147, 149 (Tex. 2017) (internal quotations omitted); CHCA Clear Lake, L.P. v. Stewart, No. 01-19-00874-CV, 2021 WL 3412461 , at *10 (Tex. App.—Houston [1st Dist.] Aug. 5, 2021, no pet.) (mem. o…
  • Ramarao Denduluri v. Maria Nancy Bravo, No. 01-22-00230-CV (Tex. App.—Houston [1st Dist.] June 15, 2023).published
    Allways Auto Grp., Ltd. v. Walters, 530 S.W.3d 147, 149 (Tex. 2017) (internal quotations omitted).
  • In re Kirby Offshore Marine Operating LLC v. the State of Texas, No. 13-22-00377-CV (Tex. App.—Corpus Christi–Edinburg May 19, 2023).published
    “repeatedly explained that ‘the connection between the defendant and the plaintiff’s injuries simply may be too attenuated to constitute legal cause,’ which ‘is not established if the defendant’s conduct or product does…”
  • Good River Farms, LP v. TXI Operations, LP, No. 1:17-cv-01117 (W.D. Tex. Apr. 11, 2023). 2 cites
    JMOL, Dkt. 140, at 15 (citing Bonin H, 2019 WL 1246259 , at *8; Allways Auto Grp., Ltd. v. Walters, 530 S.W.3d 147, 149 (Tex. 2017))).
  • Furniture Procurement Servs., LLP v. Nat'l Container Grp., LLC, No. 4:19-cv-03290 (S.D. Tex. July 5, 2022).
    “is not established if the defendant’s conduct or product does no more than furnish the condition that makes the plaintiff’s injury possible”
  • Marr v. Croxton, No. 5:21-cv-00961 (W.D. Tex. June 14, 2022).
    There can be no legal causation if “the defendant’s conduct or product does no more than furnish the condition that makes the plaintiff’s injury possible.” Always Auto Grp., Ltd. v. Walters, 530 S.W.3d 147, 149 (Tex. 2017) (quoting Union P…
  • CHCA Clear Lake, L.P. v. Jon K. Stewart, No. 01-19-00874-CV, 2021 WL 3412461 (Tex. App.—Houston [1st Dist.] Aug. 5, 2021).published
    Allways Auto Grp., Ltd. v. Walters, 530 S.W.3d 147, 149 (Tex. 2017) (internal quotations omitted).
  • Paul James v. Angie Sam, No. 01-20-00260-CV (Tex. App.—Houston [1st Dist.] Aug. 3, 2021).published 2 cites
    Allways Auto Grp., Ltd. v. Walters, 530 S.W.3d 147, 149 (Tex. 2017) (internal quotations omitted).
  • In re the Cordish Co. & Bayou Place, L.P., 617 S.W.3d 909 (Tex. App.—Houston [14th Dist.] 2021).published
    Cordish and Bayou Place allege that no electrical equipment, or less 2 Real parties in interest cite Allways Auto Group, Ltd. v. Walters, 530 S.W.3d 147, 149 (Tex. 2017); IHS Cedars Treatment Center of DeSoto, Texas, Inc. v. Mason, 143 S.W…
Show 6 more citing cases
  • Islas v. United States, No. 5:19-cv-00322, 2020 WL 7683288 (W.D. Tex. Dec. 17, 2020).
    EMS Consultants, P.A. v. Guillory, No. 01-19-00668-CV, 2020 WL 4516872 , at *11 (Tex. App. Aug. 6, 2020), reconsideration en banc denied, No. 01-19-00668-CV, 2020 WL 5792550 (Tex. App. Sept. 29, 2020) (citing Allways Auto Grp., Ltd. v. Wal…
  • Nw. Cypress EMS v. Frances Guillory, No. 01-19-00668-CV (Tex. App.—Houston [1st Dist.] Aug. 6, 2020).published
    Allways Auto Grp., Ltd. v. Walters, 530 S.W.3d 147, 149 (Tex. 2017) (internal quotations omitted).
  • Nancy Carmen Curnel v. Houston Methodist Hosp.-Willowbrook, No. 01-18-01054-CV (Tex. App.—Houston [1st Dist.] Dec. 31, 2019).published
    Allways Auto Grp., Ltd. v. Walters, 530 S.W.3d 147, 149 (Tex. 2017) (per curiam) (quoting Union Pump Co. v. Allbritton, 898 S.W.2d 773, 776 (Tex. 1995)).
  • Jerry M. Keepers M.D. v. Connie Blessett, No. 01-18-01020-CV, 2019 WL 1523368 (Tex. App.—Houston [1st Dist.] Apr. 9, 2019).published
    Allways Auto Grp., Ltd. v. Walters, 530 S.W.3d 147, 149 (Tex. 2017) (per curiam) (quoting Union Pump Co. v. Allbritton, 898 S.W.2d 773, 776 (Tex. 1995)).
  • Nancy Carmen Curnel v. Houston Methodist Hosp.-Willowbrook, 562 S.W.3d 553 (Tex. App.—Houston [1st Dist.] 2018).published
    Allways Auto Grp., Ltd. v. Walters, 530 S.W.3d 147, 149 (Tex. 2017) (per curiam) (quoting Union Pump Co. v. Allbritton, 898 S.W.2d 773, 776 (Tex. 1995)).
  • Good River Farms v. TXI OP, 100 F.4th 545 (5th Cir. 2024).published
    (holding that loaning a friend a car was a “condition” that did not create liability for an accident 18 days later)
Retrieving the full opinion text from the archive…
ALLWAYS AUTO GROUP, LTD. D/B/A Atascosa Chrysler Dodge Jeep Ram, Petitioner,
v.
Steven WALTERS, Respondent
16-0134.
Texas Supreme Court.
Sep 29, 2017.
Published opinion
530 S.W.3d 147
Daron L. Janis, Robert T. Mowrey, Thomas G. Yoxall, Locke Lord LLP, Dallas, for Amicus Curiae Texas Automobile Dealers Association. ■■■ ■, Beth D. Bradley, Esther Cortez, Lori Joanne Murphy, Tollefson Bradley Mitchell & Melendi, LLP, Dallas, Isaac Jaime Huron, Ronald E. Mendoza, Davis, Cedillo & Mendoza Inc., San Antonio, for Petitioner., Russell William Endsley, Matthew S. Hull, Thomas J. Henry, The Law Offices of Thomas J. Henry, Corpus Christi, for Respondent.
Per Curiam.
Cited by 15 opinions  |  Published
PER CURIAM

Petitioner auto dealer, Allways Auto Group, Ltd. d/b/a. Atascosa Chrysler Dodge Jeep Ram, provided William John Heyden a loaner vehicle. Heyden had been drinking at the time. Eighteen days later, Heyden drove the loaner into a truck driven by respondent Steven Walters. Heyden was legally intoxicated. Walters sued All-ways for negligent entrustment. Allways moved for summary judgment on the ground that “an accident that occurs eighteen days after entrustment is too attenuated to constitute legal cause” (initial caps omitted). The trial court granted the mo[*148] tion, and Walters appealed. The court of appeals reversed and remanded, concluding that fact issues regarding proximate cause remained. 484 S.W.3d 219, 226-28 (Tex. App.—Corpus Christi—Edinburg 2016). We agree -with the trial court and accordingly reverse the judgment of the court of appeals and reinstate summary judgment for Allways.

On August 21, 2012, Heyden, a thirty-year-old oil-field worker, purchased a 2008 Dodge Caliber from Allways in Pleasanton, Texas, a small town some thirty-five miles south of San Antonio in the heart of the Eagle Ford Shale play. Heyden did not have-a valid driver’s license in .his possession but persuaded the salesman to accept a photocopy he had made of a prior Illinois license. Two days later, the vehicle broke down, and Heyden called Allways to tow it to the dealership for repairs. Meanwhile, he drank a six-pack of beer. Heyden testified he was drunk when he arrived at Allways, but the salesman testified that Heyden did not seem to be impaired in any way. Heyden produced proof of insurance, and the salesman gave Heyden a loaner, a 2012 Dodge Ram 1500 pickup, to úse while his Caliber was being repaired.

Repairs were delayed. On September 10, after Heyden had been driving the loaner for eighteen days, he lost his job, bought a fifth of whiskey and a twelve-pack of beer, and drank both while driving around aimlessly. At 1:08 p.m., Heyden was driving across a two-lane bridge over the Frio River in Three Rivers, Texas, a small town some forty miles southeast of Pleasanton, when he crossed the middle line and struck another Dodge Ram 1500 p'ickup, a 1998 model, driven by Walters, a forty-nine-year-old ranch hand. Heyden’s blood-alcohol level was at least .147, nearly twice the legal limit. Heyden told the investigating officer that he had been fumbling with his phone when he drove into the other lane, but in a deposition two years later, he testified that he had intended to commit suicide by driving off the bridge. He was convicted of intoxication assault [1] and driving while intoxicated [2] and sentenced to ten years’ imprisonment.

Heyden is an admitted alcoholic with a history of drinking and driving. He was cited for driving while intoxicated in October 2009 in Illinois, where he was living at the time; in February 2012 in Texas, where he had moved;'and on August 5, 2012, after losing control of his car and driving into a ditch. Because of the August 5 accident, Heyden bought the Caliber sixteen days later. He had surrendered his Illinois driver’s license in June 2012 when he was issued a Texas license, but he had kept a photocopy of the Illinois license. He had surrendered his Texas license on August 5 when he refused a breathalyzer. But Allways did not attempt to investigate or inquire into Heyden’s criminal record and was not aware of any of his past offenses.

“For entrustment to be a proximate cause, the defendant entrustor should be shown to be reasonably able to anticipate that an injury would result as a natural and probable consequence of the entrustment.” Schneider v. Esperanza Transmission Co., 744 S.W.2d 595, 596 (Tex. 1987). If Heyden were visibly intoxicated when he got the loaner, Allways could reasonably have anticipated he might have a wreck before he sobered up. But Allways could not have foreseen that Hey-[*149] den would get drunk eighteen days later (after repairs were delayed and he lost his job) and drive his vehicle into Walters’ vehicle.

Accordingly, Allways has established that its providing Heyden a loaner was not a proximate cause of his injuring Walters eighteen days later. Even if Heyden were visibly intoxicated when he obtained the loaner, driving into Walters eighteen days later was not a natural and probable result of that intoxication. We have repeatedly explained that “the connection between the defendant and the plaintiffs injuries simply may be too attenuated to constitute legal cause,” which “is not established if the defendant’s conduct or product does no more than furnish the condition that makes the plaintiffs injury possible.” Union Pump Co. v. Allbritton, 898 S.W.2d 773, 776 (Tex. 1995); see also IHS Cedars Treatment Ctr. of DeSoto, Tex., Inc. v. Mason, 143 S.W.3d 794, 800 (Tex. 2004); Lear Siegler, Inc. v. Perez, 819 S.W.2d 470, 472 (Tex. 1991); Bell v. Campbell, 434 S.W.2d 117, 122 (Tex. 1968).

The trial court correctly granted All-ways’ motion for summary judgment. We therefore grant Allways’ petition for review and, without hearing oral argument, Tex. R. App. P. 59.1, reverse the judgment of the court of appeals and reinstate that of the trial court.

1

. Intoxication assault is a third-degree felony. Tex. Penal Code § 49.07(c).

2

. Heyden had been convicted twice before for driving while intoxicated. Driving while intoxicated after two prior convictions for that offense is a third-degree felony. Tex. Penal Code §§ 49.04(b), 49.09(b)(2).