An appellate court may not consider issues not properly raised by the parties except to address fundamental error.
After a trial court excluded an expert's testimony regarding the cause of a post-accident fire and granted summary judgment, the plaintiffs appealed. The court held that the trial court did not abuse its discretion by excluding the testimony because the expert failed to provide a reliable methodology to support his conclusions regarding causation. Furthermore, the court determined that the court of appeals erred by considering testimony from a bill of exceptions that had not been properly raised as an issue of error. Because the plaintiffs failed to present sufficient evidence of causation to overcome the no-evidence motion for summary judgment, the judgment was affirmed.
At page 582 Reviewing evidence and burden of proof in summary judgment1,077 citing cases“we review the evidence presented by the motion and response in the light most favorable to the party against whom the summary judgment was rendered, crediting evidence favorable to that party if reasonable jurors could, and disregarding contrary evidence unless reasonable jurors could not.”
- Mr. W Fireworks, Inc. v. NRZ Inv. Grp., LLC, 677 S.W.3d 11 (Tex. App.—El Paso 2023).published See Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 577 (Tex. 2006) (“Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.”); see also Dallas Cnty. v. Crestview Corners Car Wa…
- Harald Stauder & Eur. Motorcycle Corp. v. John Nichols & Nichols Law, P.L.L.C., No. 01-08-00773-CV, 2010 WL 2306385 (Tex. App.—Houston [1st Dist.] June 10, 2010).published (Once such a motion is filed, the burden shifts to the nonmoving party to present evidence raising an issue of material fact as to the elements specified in the motion.)
- Lincoln Lee Lankford v. Gregory Kevin Cline, No. 09-25-00108-CV (Aug. 31, 2026).published “Once such a motion is filed, the burden shifts to the nonmoving party to present evidence raising an issue of material fact as to the elements specified in the motion.” Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006).
- Theresa Vu v. Misty Medina, No. 10-23-00426-CV (Aug. 31, 2026).publishedMack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006).
- Lincoln Lee Lankford v. Charlotte Gibbs Thomas, No. 09-25-00079-CV (Aug. 31, 2026).published“Once such a motion is filed, the burden shifts to the nonmoving party to present evidence raising an issue of material fact as to the elements specified in the motion.” Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006).
- Nic's Beverages, LLC v. Waco Bottling LLC, No. 10-24-00247-CV (Aug. 27, 2026).publishedMack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006).
- Candace Green v. Ron Hoover Marine, Inc., No. 01-25-00862-CV (Aug. 13, 2026).publishedMack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006).
- Lajita Homes, LLC v. La Mancha, Ltd., No. 01-24-00421-CV (July 28, 2026).publishedMack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006).
- Shaddai Harris v. Iliac, LLC, No. 02-25-00279-CV (July 16, 2026).publishedTimpte Indus., 286 S.W.3d at 310 (citing Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006)).
- Robert E. Mizell v. Dianne Griffiths, No. 09-24-00418-CV (July 16, 2026).published Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006).
Show 188 more citing cases
- Bryanna Mallet v. Fresh Choice Cafe Corp., No. 01-24-00533-CV (July 14, 2026).publishedSee id.; Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006); Malone, 668 S.W.3d at 43.
- Cesar R. Posada v. Osvanis Lozada & Tels, Inc., 717 S.W.3d 425 (Tex. App.—El Paso 2023).published
- Anne Jenkins v. C&W Johnson MGT Co., No. 02-25-00057-CV (Tex. App.—Fort Worth Aug. 21, 2025).published
- Est. of Henry Ezekiel \Zeke\" Grogan", 595 S.W.3d 807 (Tex. App.—Texarkana 2020).published
- Tony Coleman v. Otese, Ltd., No. 02-19-00015-CV (Tex. App.—Fort Worth Jan. 23, 2020).published
- Nathan Jones v. Energen Resources Corp., No. 07-18-00132-CV (Tex. App.—Amarillo Jan. 29, 2020).published
- Tonya Bauer v. Gulshan Enter., Inc., No. 01-18-00136-CV (Tex. App.—Houston [1st Dist.] Feb. 27, 2020).published
- Timothy Harrington v. Hawthorne-Midway Palms, LLC, No. 14-18-00460-CV, 2020 WL 1061086 (Tex. App.—Houston [14th Dist.] Mar. 5, 2020).published
- Li Li v. Pemberton Park Cmty. Ass'n, No. 14-18-00319-CV (Tex. App.—Houston [14th Dist.] Mar. 26, 2020).published
- John R. Fuller v. Wholesale Elec. Supply Co. of Houston, 631 S.W.3d 177 (Tex. App.—Houston [14th Dist.] 2020).published
- Rebecca Potter v. HP Texas 1 LLC, No. 05-18-01513-CV (Tex. App.—Dallas Apr. 6, 2020).published
- James E. Horton v. Ron Welch, No. 12-19-00381-CV (Tex. App.—Tyler Apr. 8, 2020).published
- Howard Purvis v. Stoney Creek Cmty. Ass'n, 631 S.W.3d 287 (Tex. App.—Houston [14th Dist.] 2020).published
- White Rock Expl., Inc. v. Freeman Mills, P.C., 607 S.W.3d 429 (Tex. App.—Texarkana 2020).published
- Rosanna Silverio v. Traditional Heritage Vill. Homeowners Ass'n, No. 02-19-00347-CV (Tex. App.—Fort Worth Aug. 20, 2020).published
- Carlos Damian v. PASA Hous. Grp., LLC, No. 14-18-00531-CV (Tex. App.—Houston [14th Dist.] Aug. 18, 2020).published
- Valerie L. McNally Now Known as Valerie Jenkins & Kelly Alana McNally v. Joseph P. McNally, No. 02-18-00142-CV, 2020 WL 5241189 (Tex. App.—Fort Worth Sept. 3, 2020).published
- Luella Shaw v. Wells Fargo Bank, No. 02-20-00011-CV, 2020 WL 5241188 (Tex. App.—Fort Worth Sept. 3, 2020).published
- Alfred L. Gaber v. U.S. Bank Nat'l Ass'n, No. 02-19-00243-CV, 2020 WL 5242419 (Tex. App.—Fort Worth Sept. 3, 2020).published
- Bonnie Estes v. Connie Jean Spears, No. 07-19-00375-CV, 2020 Tex. App. LEXIS 7498 (Tex. App.—Amarillo Sept. 16, 2020).published
- Teodoro Perez v. Dina Renee Johnson, No. 02-19-00082-CV (Tex. App.—Fort Worth Sept. 17, 2020).published
- Buck Murray v. Hondo Nat'l Bank, No. 04-19-00408-CV (Tex. App.—San Antonio Sept. 23, 2020).published
- Brett Stettner v. Lewis & Maese Auction, LLC, 611 S.W.3d 102 (Tex. App.—Houston [14th Dist.] 2020).published
- Tracey E. Jones v. Scott & White Hosp. - Llano, No. 07-19-00387-CV (Tex. App.—Amarillo Nov. 20, 2020).published
- Sandra Dewalt Denson v. JP Morgan Chase Bank, N. A., LP. Morgan Chase & Co., Jamie Dimon, Rasheal Farris, Mary Green & Al Ramirez, No. 01-19-00107-CV (Tex. App.—Houston [1st Dist.] Dec. 3, 2020).published
- Comfort Agara v. GPI TX-DMII, Inc., No. 01-19-00930-CV (Tex. App.—Houston [1st Dist.] Dec. 1, 2020).published
- James Hudgens v. Univ. of Texas MD Anderson Cancer Ctr., 615 S.W.3d 634 (Tex. App.—Houston [14th Dist.] 2020).published
- Michael Spradley v. Michael E. Orsak, L.P., No. 01-19-00186-CV (Tex. App.—Houston [1st Dist.] Dec. 15, 2020).published
- Angela Harvey v. Olshan Found. Repair Co. of Houston, No. 09-18-00467-CV (Tex. App.—Beaumont Dec. 30, 2020).published
- Tonya Bauer v. Gulshan Enter., Inc., 617 S.W.3d 1 (Tex. App.—Houston [1st Dist.] 2020).published
- Rex Performance Prods., LLC v. James Donald Tate, No. 02-20-00009-CV (Tex. App.—Fort Worth Dec. 31, 2020).published
- Glenda Sayles v. Senior Care Resources, Inc., No. 02-20-00124-CV (Tex. App.—Fort Worth Jan. 7, 2021).published
- Carl O'Neal & SOS Energy Servs., LLC v. Frank Dale, No. 02-20-00173-CV (Tex. App.—Fort Worth Jan. 21, 2021).published
- Anthony Barlow v. Buc-Ee's Ltd., No. 01-20-00295-CV (Tex. App.—Houston [1st Dist.] Feb. 11, 2021).published
- Roy Robert Smith III v. Shawn Cousins Individually Tr. Shawn Cousins, No. 14-19-00612-CV (Tex. App.—Houston [14th Dist.] Mar. 11, 2021).published
- Kathie Digilio v. True Blue Animal Rescue, No. 01-18-01087-CV (Tex. App.—Houston [1st Dist.] Mar. 18, 2021).published
- Homer Haley v. Stacey Thirkill, No. 12-20-00109-CV (Tex. App.—Tyler Mar. 18, 2021).published
- Timothy Dean Stone, TDCJ 1177762 v. Warden Furr, No. 13-19-00468-CV (Tex. App.—Corpus Christi–Edinburg Mar. 25, 2021).published
- Guadalupe Mariscal v. McCarthy Bldg. Companies, Inc., No. 13-19-00211-CV (Tex. App.—Corpus Christi–Edinburg Mar. 25, 2021).published
- in the Est. of Louis Edward Irving, No. 13-20-00081-CV (Tex. App.—Corpus Christi–Edinburg Apr. 1, 2021).published
- Verdell Driskell v. Concrete Raising Corp., No. 14-19-00117-CV, 2021 WL 1184400 (Tex. App.—Houston [14th Dist.] Mar. 30, 2021).published
- Melissa Marie Lobue v. Todd H. Hanson, 625 S.W.3d 543 (Tex. App.—Houston [14th Dist.] 2021).published
- Kenneth D. Smartt v. State, No. 14-20-00110-CV (Tex. App.—Houston [14th Dist.] Apr. 20, 2021).published
- Gabriel Cantu v. C & W Ranches, Ltd., 631 S.W.3d 434 (Tex. App.—San Antonio 2021).published
- Reg'l Specialty Clinic, P.A. v. S.A Randle & Assocs., P.C., No. 14-19-00145-CV (Tex. App.—Houston [14th Dist.] May 4, 2021).published
- Jose Hernandez v. Sun Crane & Hoist, No. 05-17-00719-CV (Tex. App. May 7, 2021).published
- Crystal Gregg v. Walgreen Co., 625 S.W.3d 636 (Tex. App.—Houston [14th Dist.] 2021).published
- in the Interest of A.M.S., a Child, No. 13-19-00290-CV (Tex. App.—Corpus Christi–Edinburg June 3, 2021).published
- Bobby Martin v. WPP Props., LLC, No. 12-20-00243-CV, 2021 WL 2816411 (Tex. App.—Tyler June 30, 2021).published
- Ramona Simien v. La Quinta Inn & Suites, No. 05-20-00441-CV (Tex. App.—Dallas July 30, 2021).published
- Lucrecia Mendia v. Fiesta Mart, L.L.C., No. 01-19-00018-CV, 2021 WL 3412175 (Tex. App.—Houston [1st Dist.] Aug. 5, 2021).published
- Julio Gonzales v. Austowers LLC, No. 03-19-00557-CV (Tex. App.—Austin Aug. 6, 2021).published
- Elezar Balli v. Officer Florentino Martinez, No. 14-20-00030-CV (Tex. App.—Houston [14th Dist.] Aug. 10, 2021).published
- Trinity Cnty. Judge Doug Page v. Liberty Plantation, LLC, No. 12-20-00135-CV (Tex. App.—Tyler Aug. 18, 2021).published
- Brittany Russell v. Allstate Ins. Co., No. 07-21-00046-CV (Tex. App.—Amarillo Aug. 30, 2021).published
- Mayphous Collins v. Lesha Strausz & Plano Collision Ctr., Inc., No. 02-20-00317-CV (Tex. App.—Fort Worth Sept. 9, 2021).published
- Arlington Prof'l Fire Fighters Int'l Ass'n of Fire Fighters, AFL-CIO, Local 1329 David Crow, Shawn Graham, Joseph Markham, Edward Montague, Matthew Throne, & Adrian Rojas v. City of Arlington, No. 02-19-00156-CV (Tex. App.—Fort Worth Sept. 16, 2021).published
- Mark Benton v. Contractor's Supplies, Inc., No. 12-20-00207-CV (Tex. App.—Tyler Oct. 6, 2021).published
- Marguerite Tamasy v. Lone Star Coll. Sys., 635 S.W.3d 702 (Tex. App.—Houston [14th Dist.] 2021).published
- Ripley Dean Sutton v. Emmett Sutton III, No. 14-20-00335-CV (Tex. App.—Houston [14th Dist.] Oct. 28, 2021).published
- Jane Doe v. Yum! Brands, Inc., 639 S.W.3d 214 (Tex. App.—Houston [1st Dist.] 2021).published
- City of Houston Mayor Sylvester Turner Controller Chris Brown Council Members Amy Peck v. Houston Mun. Emp. Pension Sys. Bd. Chairman Sherry Mose Bd. Vice-Chairman Lenard Polk Bd. Sec'y Rhonda Smith & Bd. Trs. Roderick J. Newman, 638 S.W.3d 794 (Tex. App.—Houston [14th Dist.] 2021).published
- DHI Holdings, LLP v. Bank of New York Mellon Trust Co., No. 14-20-00319-CV (Tex. App.—Houston [14th Dist.] Nov. 23, 2021).published
- Vision Up, LLC v. Tamri Longabaugh, No. 14-19-00942-CV (Tex. App.—Houston [14th Dist.] Dec. 16, 2021).published
- Trimcos, LLC v. Compass Bank, 649 S.W.3d 907 (Tex. App.—Houston [1st Dist.] 2021).published
- Mark Brown v. ECCL 4:12, LLC, No. 01-19-00504-CV (Tex. App.—Houston [1st Dist.] Dec. 28, 2021).published
- Donald Young v. Dwayne R. Day, P.C., No. 01-19-00956-CV (Tex. App.—Houston [1st Dist.] Dec. 28, 2021).published
- Lewis Haag v. AOT Energy Am. LLC, No. 13-20-00351-CV (Tex. App.—Corpus Christi–Edinburg Jan. 27, 2022).published
- Katherine Milliken v. Stephen Mathiason, No. 14-20-00246-CV (Tex. App.—Houston [14th Dist.] Jan. 25, 2022).published
- Juan Reyes v. Lubrizol Corp., No. 14-20-00177-CV (Tex. App.—Houston [14th Dist.] Jan. 25, 2022).published
- Angie Tapia v. Collins Asset Grp., LLC, No. 02-20-00129-CV, 2022 WL 325392 (Tex. App.—Fort Worth Feb. 3, 2022).published
- Moses Malone Junior v. James Harden, 668 S.W.3d 39 (Tex. App.—Houston [1st Dist.] 2022).published
- Wells Fargo Bank, N.A. v. Jose S. Rodriguez, No. 02-21-00155-CV, 2022 WL 803839 (Tex. App.—Fort Worth Mar. 17, 2022).published
- UV Logistics, LLC v. James Mark Patsfield, III, No. 01-20-00191-CV (Tex. App.—Houston [1st Dist.] Mar. 31, 2022).published
- Greg Hanson v. Fort Worth & W. R.R. Co., No. 02-21-00244-CV (Tex. App.—Fort Worth Apr. 7, 2022).published
- Jose Alba v. CalAtlantic Homes of Texas, Inc., No. 02-21-00345-CV (Tex. App.—Fort Worth May 5, 2022).published
- Judy D. Brown v. Frontline Asset Strategies & LVNV Funding, No. 05-21-00207-CV (Tex. App.—Dallas May 5, 2022).published
- Sarah Garnelo v. Urban Sw. Twp. Apts. GP, LLC, No. 14-20-00796-CV (Tex. App.—Houston [14th Dist.] May 26, 2022).published
- Tonya Gayle Harkins v. Wal-Mart Stores Texas, LLC, No. 02-21-00201-CV (Tex. App.—Fort Worth Aug. 18, 2022).published
- Leonard M. Chermack v. NationStar Mortg. Co., No. 05-20-01051-CV (Tex. App.—Dallas July 5, 2022).published
- Cortney Hill v. Allstate Fire & Cas. Ins. Co., 652 S.W.3d 516 (Tex. App.—Houston [14th Dist.] 2022).published
- DHI Holdings, LP v. Deutsche Bank Nat'l Trust Co., No. 05-21-00287-CV (Tex. App.—Dallas Aug. 1, 2022).published
- Crystal Renea Dodson v. Ector Cnty., No. 11-20-00227-CV (Tex. App.—Eastland Aug. 4, 2022).published
- Milton a Sandoval Gomes v. Guy Casey, No. 02-22-00003-CV (Tex. App.—Fort Worth Aug. 18, 2022).published
- Li Li v. Pemberton Park Cmty. Ass'n, 652 S.W.3d 891 (Tex. App.—Houston [14th Dist.] 2022).published
- Jennifer Gwynne Capelo v. Gale Lilliman, No. 14-20-00804-CV (Tex. App.—Houston [14th Dist.] Aug. 23, 2022).published
- Keith D. Aikens v. Charlene K. Dueling, No. 02-21-00320-CV, 2022 WL 3651976 (Tex. App.—Fort Worth Aug. 25, 2022).published
- City of Houston v. Ruben Rodriguez, 658 S.W.3d 633 (Tex. App.—Houston [14th Dist.] 2022).published
- Armour Pipe Line Co. v. Sandel Energy, Inc., No. 14-20-00412-CV (Tex. App.—Houston [14th Dist.] Sept. 29, 2022).published
- Selena McDade v. Fountains at Tidwell, Ltd. Hettig Mgmt. Corp, No. 14-21-00400-CV, 2022 WL 6602885 (Tex. App.—Houston [14th Dist.] Oct. 11, 2022).published
- Billy E. Anderson v. Patrick W. Knapp, No. 01-21-00271-CV (Tex. App.—Houston [1st Dist.] Oct. 27, 2022).published
- Darrell Williams v. Marcia Williams, No. 03-21-00109-CV (Tex. App.—Austin Nov. 4, 2022).published
- Paul G. Parsons v. Trichter & Legrand, P.C., No. 14-21-00284-CV (Tex. App.—Houston [14th Dist.] Nov. 22, 2022).published
- Colton MacPherson v. Carolina Pena & Suzanne Anderson Props. LLC, No. 09-20-00221-CV (Tex. App.—Beaumont Dec. 15, 2022).published
- Michael Torres v. Pasadena Refining Sys., Inc., 695 S.W.3d 392 (Tex. App.—Houston [1st Dist.] 2022).published
- Evelyn Garza v. Adrian Darius Samuel, 697 S.W.3d 663 (Tex. App.—El Paso 2022).published
- Michael Sutton v. Octapharma Plasma Inc., No. 05-20-00018-CV (Tex. App.—Dallas Dec. 23, 2022).published
- Christopher F. Bertucci v. Eugene L. Watkins, 690 S.W.3d 341 (Tex. App.—Austin 2022).published
- Olivia Segovia v. Suzanne Stebbins, No. 14-21-00078-CV (Tex. App.—Houston [14th Dist.] Feb. 9, 2023).published
- Brandon Ford v. Randell Cutburth, No. 02-22-00148-CV (Tex. App.—Fort Worth Feb. 9, 2023).published
- Albert Austin v. Am. Matar Int'l Inc., No. 14-21-00477-CV (Tex. App.—Houston [14th Dist.] Feb. 16, 2023).published
- Houndstooth Capital Real Est. v. Maverick Title of Texas, LLC, No. 03-21-00093-CV (Tex. App.—Austin Feb. 28, 2023).published
- Adrian Rafael Mejia v. Mobiloil Fed. Credit Union, No. 09-21-00079-CV, 2023 Tex. App. LEXIS 1883 (Tex. App.—Beaumont Mar. 23, 2023).published
- Sheri Hill v. Fitness Int'l, LLC, No. 02-22-00142-CV, 2023 WL 2607646 (Tex. App.—Fort Worth Mar. 23, 2023).published
- Justin Botts v. Farwah Naqvi, No. 09-21-00067-CV (Tex. App.—Beaumont Apr. 13, 2023).published
- Vincin Campise v. Hector Davila, No. 10-23-00025-CV (Tex. App.—Waco Apr. 12, 2023).published
- Eric John Ramirez v. Juanita Sanchez, No. 01-21-00417-CV, 2023 WL 2919545 (Tex. App.—Houston [1st Dist.] Apr. 13, 2023).published
- Barrett Horton v. MMM Ventures LLC, No. 05-22-00006-CV (Tex. App.—Dallas May 15, 2023).published
- 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
- Metro. Transit Auth. of Harris Cnty. v. Augustine Cruz Melendez, No. 01-22-00434-CV (Tex. App.—Houston [1st Dist.] June 1, 2023).published
- Robert Paul Muir v. U.S. Bank Trust Nat'l Ass'n, No. 14-22-00596-CV (Tex. App.—Houston [14th Dist.] June 8, 2023).published
- Daniel Brand v. Sojitz Corp. of Am., Sojitz Energy Venture, No. 01-22-00477-CV (Tex. App.—Houston [1st Dist.] June 22, 2023).published
- Marybeth Nelson v. H & E Equip. Servs., Inc., No. 14-21-00704-CV (Tex. App.—Houston [14th Dist.] July 13, 2023).published
- Laura Michele Maddock v. a & C Cast., Inc., No. 01-21-00512-CV (Tex. App.—Houston [1st Dist.] July 13, 2023).published
- Barrett Horton v. MMM Ventures LLC, No. 05-22-00006-CV (Tex. App.—Dallas July 12, 2023).published
- Marcell Rodriguez Segovia v. Houston Metals, LLC, No. 14-22-00130-CV (Tex. App.—Houston [14th Dist.] July 25, 2023).published
- Rigoberto Sanchez, Jr. v. Cott Beverages, Inc., No. 04-22-00417-CV (Tex. App.—San Antonio Aug. 16, 2023).published
- Unique Ins. Co. v. Union Pac. R.R. Co., No. 06-23-00052-CV (Tex. App.—Texarkana Sept. 28, 2023).published
- Culberson-Stowers, Inc. v. Lease Corp. of Am., No. 02-23-00123-CV (Tex. App.—Fort Worth Nov. 16, 2023).published
- Frank Kamas v. Bay Mountain Fund I, LLC, No. 14-22-00612-CV (Tex. App.—Houston [14th Dist.] Nov. 28, 2023).published
- Sylvia Arredondo v. Vill. on the Lake, Ltd, 681 S.W.3d 853 (Tex. App.—Houston [14th Dist.] 2023).published
- Kevin Burke v. Houston PT BAC Off. Ltd. P'ship (Bank of Am.), No. 01-21-00288-CV (Tex. App.—Houston [1st Dist.] Jan. 18, 2024).published
- Joshua LeBlanc v. Mike Walker, No. 14-22-00767-CV (Tex. App.—Houston [14th Dist.] Jan. 23, 2024).published
- Dessie Maria Andrews v. Doyle Russell Hayman, No. 01-23-00038-CV (Tex. App.—Houston [1st Dist.] Jan. 23, 2024).published
- Rocio Medina Reyes v. Muherji Law Firm, No. 01-22-00430-CV (Tex. App.—Houston [1st Dist.] Feb. 1, 2024).published
- Brice Beale v. Michael & Elizabeth Manchester, No. 01-22-00752-CV (Tex. App.—Houston [1st Dist.] Feb. 22, 2024).published
- Jesus Yanez v. Oilpatch NDT, LLC, No. 14-23-00417-CV (Tex. App.—Houston [14th Dist.] Feb. 27, 2024).published
- Adam Wells v. Sw. Bell Tel. Co., No. 05-23-00004-CV (Tex. App.—Dallas Mar. 11, 2024).published
- Johnston v. Ferrellgas, 96 F.4th 852 (5th Cir. 2024).published
- Marianne Gonzaga Hess v. Sunbury Estates Cmty. Improvement Ass'n Kimberly Denise Elder Robert Daniel Torres & John Patrick Lopez, No. 14-23-00273-CV (Tex. App.—Houston [14th Dist.] Mar. 21, 2024).published
- Dinesh B. Patel v. Patel & Patel, No. 14-22-00769-CV (Tex. App.—Houston [14th Dist.] Apr. 25, 2024).published
- CG Ranch Servs. v. Schlumberger Tech. Corp., No. 01-22-00720-CV (Tex. App.—Houston [1st Dist.] Apr. 30, 2024).published
- Purple Martin Land Co. v. Diana Gordon Offord Winter Gordon, 694 S.W.3d 900 (Tex. App.—Houston [14th Dist.] 2024).published
- Juanita De Luna v. Buc-Ee's, Ltd., No. 01-22-00917-CV (Tex. App.—Houston [1st Dist.] May 23, 2024).published
- James Edland v. Town of Cross Roads, No. 02-23-00416-CV (Tex. App.—Fort Worth June 6, 2024).published
- City of San Antonio v. Joel Garcia, No. 08-23-00329-CV, 2024 WL 3066051 (Tex. App.—El Paso June 20, 2024).published
- Zhaohong Wu v. Lumber Liquidators, Inc., No. 14-20-00765-CV (Tex. App.—Houston [14th Dist.] June 25, 2024).published
- Yumnah Said v. Dick's Sporting Goods, Inc., No. 05-23-00176-CV (Tex. App.—Dallas June 28, 2024).published
- Eliazar Spears v. Jose Angel Calvillo-Zapata, No. 14-23-00464-CV (Tex. App.—Houston [14th Dist.] July 11, 2024).published
- Hydroworks Inc. v. the Est. of Deborah McCartney Williams, No. 02-23-00326-CV (Tex. App.—Fort Worth Aug. 1, 2024).published
- Jose Cepeda v. Ascend Performance Materials Texas, Inc., No. 01-23-00564-CV (Tex. App.—Houston [1st Dist.] Aug. 6, 2024).published
- David Lynn v. Ronald Ferguson, No. 07-24-00030-CV (Tex. App.—Amarillo Aug. 16, 2024).published
- House of Power Elec., LC v. BMRJ Heights LLC, No. 14-23-00640-CV (Tex. App.—Houston [14th Dist.] Aug. 15, 2024).published
- Jonathan Johnson v. Capstone Logistics, LLC, No. 01-23-00221-CV (Tex. App.—Houston [1st Dist.] Aug. 15, 2024).published
- Michael Lowe v. Am. Airlines, Inc., No. 02-23-00370-CV (Tex. App.—Fort Worth Aug. 22, 2024).published
- Nathaniel W. Hopkins v. Meta Platforms Inc., No. 14-23-00563-CV (Tex. App.—Houston [14th Dist.] Aug. 22, 2024).published
- Triton Consulting Inc. v. Simon Vandyk, No. 01-22-00183-CV (Tex. App.—Houston [1st Dist.] Oct. 10, 2024).published
- Alfredo Orozco v. Mary Arrington, No. 13-23-00438-CV (Tex. App.—Corpus Christi–Edinburg Oct. 31, 2024).published
- Jeffrey Hammond v. Crista L. Hanser, Jeffrey W. Connell, Michael W. Clapp, DSJMM, LLC, No. 01-22-00707-CV, 2024 WL 4628675 (Tex. App.—Houston [1st Dist.] Oct. 31, 2024).published
- Andre McCoy v. Robert Anding, No. 14-22-00653-CV (Tex. App.—Houston [14th Dist.] Nov. 26, 2024).published
- Jason Alexander v. Woodlands Land Dev. Co. L.P., No. 01-22-00827-CV (Tex. App.—Houston [1st Dist.] Nov. 26, 2024).published
- Colleen Paige Simmons v. Top Deck, Inc., No. 09-22-00222-CV (Tex. App.—Beaumont Dec. 12, 2024).published
- Milberger Landscaping, Inc. v. City of San Antonio, No. 08-23-00283-CV (Tex. App.—El Paso Dec. 12, 2024).published
- Jonathan Johnson v. Capstone Logistics, LLC, No. 01-23-00221-CV, 2024 WL 5249164 (Tex. App.—Houston [1st Dist.] Dec. 31, 2024).published
- Kent Flynn v. Haltom City Econ. Dev. Corp., No. 02-24-00214-CV, 2025 WL 421243 (Tex. App.—Fort Worth Feb. 6, 2025).published
- Preston Marshall & Rusk Capital Mgmt., L.L.C. v. Maropco, Inc., 714 S.W.3d 724 (Tex. App.—Houston [1st Dist.] 2025).published
- Michael Mark Martin v. Ron Hutchison, No. 06-24-00018-CV (Tex. App.—Texarkana Mar. 21, 2025).published
- Jojo Arthur v. Braeburn Plaza Inc. HOA, No. 01-23-00161-CV (Tex. App.—Houston [1st Dist.] Apr. 8, 2025).published
- Frolamo, LLC v. Arturo Ortega, No. 13-23-00210-CV, 2025 WL 1387070 (Tex. App.—Corpus Christi–Edinburg May 13, 2025).published
- Patricia Y. Mayers v. United Indep. Sch. Dist., No. 04-23-01096-CV (Tex. App.—San Antonio May 28, 2025).published
- Brandy L. Liss v. Cushman & Wakefield of Texas, Inc., No. 01-23-00481-CV (Tex. App.—Houston [1st Dist.] June 30, 2025).published
- Michael Fasel v. Airborne Sports NRH, LLC, No. 02-24-00333-CV (Tex. App.—Fort Worth July 3, 2025).published
- Kimberly Gantt v. Harris Cnty., No. 01-23-00582-CV (Tex. App.—Houston [1st Dist.] July 15, 2025).published
- Mirian Reyes v. Fiesta Mart, L.L.C., No. 01-23-00526-CV (Tex. App.—Houston [1st Dist.] July 29, 2025).published
- Dalia Lopez v. Camron R. Larochelle, No. 02-24-00467-CV (Tex. App.—Fort Worth Aug. 14, 2025).published
- Eric Springstun v. Wharf at Clear Lake Slip Maint. Ass'n, No. 09-24-00270-CV (Tex. App.—Beaumont Aug. 28, 2025).published
- Carmen Aleman v. Stand. Cas. Co., No. 01-23-00572-CV, 2025 WL 2445991 (Tex. App.—Houston [1st Dist.] Aug. 26, 2025).published
- Primexx Energy Opportunity Fund, LP v. Primexx Energy Corp., No. 15-25-00120-CV (Tex. App.—15th Dist. Oct. 16, 2025).published
- Will Daugherty v. AmTrust Ins. Co. of Kansas, No. 03-23-00766-CV (Tex. App.—Austin Oct. 31, 2025).published
- Brian Beckcom v. Texas A&M Univ., No. 15-25-00124-CV (Tex. App.—15th Dist. Nov. 17, 2025).published
- Jason Alexander v. Woodlands Land Dev. Co. L.P., No. 01-22-00827-CV (Tex. App.—Houston [1st Dist.] Dec. 16, 2025).published
- Fiberwave v. AT&T Enter., No. 25-BC01A-0013 (Tex. Bus. Ct. Jan. 8, 2026).published
- South Texas Coll. v. Rolando Villagran, No. 13-24-00224-CV (Jan. 8, 2026).published
- Big Creek Constr., LTD. v. Jim Sinkule, No. 10-24-00224-CV (Jan. 29, 2026).published
- David & Rebecca Bowen v. Texas Fair Plan Ass'n, No. 01-23-00514-CV (Feb. 19, 2026).published
- Jeremy Haggard v. Blattner Energy, Inc., No. 02-25-00056-CV (Feb. 26, 2026).published
- Rafael Cisneros v. Humberto Leal, No. 04-24-00761-CV (Mar. 11, 2026).published
- Tina Cooper v. HMH Lifestyles, L.P., No. 02-25-00284-CV (Mar. 26, 2026).published
- Susan E. Harriman v. Leslie Hyman & Pulman, Cappuccio & Pullen, LLP, No. 02-25-00328-CV (Apr. 16, 2026).published
- Melba James v. Anchor Boatlifts LLC, No. 09-24-00272-CV (May 7, 2026).published
- Carla Bouvier v. Doyce Elaine Thompson, No. 02-25-00016-CV (May 7, 2026).published
- Robert Day v. Southside Bank, No. 09-24-00213-CV (May 14, 2026).published
- Masoud Sanati v. Kamran Arbab Nka Kamran, No. 01-18-00325-CV (Tex. App.—Houston [1st Dist.] Feb. 20, 2020).published
- Maribel F. Gutierrez v. Elva Gutierrez, 662 S.W.3d 573 (Tex. App.—El Paso 2022).published
- Kenneth D. McKeough v. Camelot Townhomes Ass'n, No. 08-21-00057-CV (Tex. App.—El Paso Feb. 27, 2023).published
- Kenneth D. McKeough v. Camelot Townhomes Ass'n, No. 08-21-00057-CV, 2023 WL 3984859 (Tex. App.—El Paso June 13, 2023).published
- Kimberly Pickens as Adm'r for & v. Robert J. Hewitt, No. 13-22-00279-CV (Tex. App.—Corpus Christi–Edinburg June 27, 2024).published
- Roane-Williams Texas Minerals, LLC v. EOG Resources, Inc., No. 13-23-00569-CV (Tex. App.—Corpus Christi–Edinburg Nov. 6, 2025).published
At page 581 Excluding expert testimony lacking causation methodology175 citing casesa summary judgment motion pursuant to Rule 166a(i) is essentially a motion for a pretrial directed verdict
- Hidalgo Cnty. v. Dora Herrera, No. 13-15-00167-CV (Tex. App.—Corpus Christi Aug. 24, 2015).published But see Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 579-80 (Tex. 2006) (″The trial court would have been within its discretion to measure the reliability of Elwell’s testimony, at least in part, by considering (1) the extent to which Elwel…
- Ethel Annette Pettigrew v. Robert Gastineau, No. 10-18-00203-CV (Tex. App.—Waco Oct. 14, 2020).published See also Mack Trucks, 206 S.W.3d at 577 (“Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.”).
- Harald Stauder & Eur. Motorcycle Corp. v. John Nichols & Nichols Law, P.L.L.C., No. 01-08-00773-CV, 2010 WL 2306385 (Tex. App.—Houston [1st Dist.] June 10, 2010).published See Tamez , 206 S.W.3d at 582 (“Once such a motion is filed, the burden shifts to the nonmoving party to present evidence raising an issue of material fact as to the elements specified in the motion.”).
- James Dewbre v. Anheuser-Busch, Inc., No. 10-08-00022-CV, 2008 Tex. App. LEXIS 9046 (Tex. App.—Waco Nov. 26, 2008).published See Tamez , 206 S.W.3d at 583 (“Proof other than expert testimony will constitute some evidence of causation only when a layperson’s general experience and common understanding would enable the layperson to determine from the evidence, wit…
- Dallas Sports Grp. v. DSE Hockey Club, 2026 Tex. Bus. 36 (Tex. Bus. Ct. 2026).publishedId.; JLB Builders, L.L.C. v. Hernandez, 622 S.W.3d 860 , 864 (Tex. 2021). [¶ 58] So, a summary judgment motion …is essentially a motion for a pretrial directed verdict. * * * Once such a motion is filed, the burden shifts to the nonmoving p…
- Timpte Indus., Inc. v. Gish, 286 S.W.3d 306 (Tex. 2009).published
- LaCour v. Lankford Co., 287 S.W.3d 105 (Tex. App.—Corpus Christi 2009).published
- Landers v. State Farm Lloyds, 257 S.W.3d 740 (Tex. App.—Houston [1st Dist.] 2008).published
- Kiesel v. Rentway, 245 S.W.3d 96 (Tex. App.—Dallas 2008).published
- State v. Beeson, 232 S.W.3d 265 (Tex. App.—Eastland 2007).published
Show 134 more citing cases
- Academy of Skills & Knowledge, Inc. v. Charter Schs., USA, Inc., 260 S.W.3d 529 (Tex. App.—Tyler 2008).published
- Nears v. Holiday Hosp. Franchising, Inc., 295 S.W.3d 787 (Tex. App.—Texarkana 2009).published
- Baker v. City of Robinson, 305 S.W.3d 783 (Tex. App.—Waco 2009).published
- Hourani v. Katzen, 305 S.W.3d 239 (Tex. App.—Houston [1st Dist.] 2010).published
- Palma v. Chribran Co., 327 S.W.3d 866 (Tex. App.—Beaumont 2010).published
- Gharda USA, Inc. v. Control Solutions, Inc., 464 S.W.3d 338 (Tex. 2015).published
- Cesar R. Posada v. Osvanis Lozada & Tels, Inc., 717 S.W.3d 425 (Tex. App.—El Paso 2023).published
- Anne Jenkins v. C&W Johnson MGT Co., No. 02-25-00057-CV (Tex. App.—Fort Worth Aug. 21, 2025).published
At page 577 Reviewing appellate consideration of bill of exceptions testimony113 citing cases“except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.”
- WP Liquidating, Ltd. v. Anthony Fenoglio, No. 11-25-00131-CV (July 23, 2026).published(Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- AABC Travels, Inc. v. Delta Airlines Inc., No. 01-24-00893-CV (Tex. App.—Houston [1st Dist.] Sept. 18, 2025).published(Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Richard A. Hyde v. Harrison Cnty., No. 15-24-00014-CV (Tex. App.—15th Dist. Mar. 20, 2025).published (Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Frank C. Powell v. Comm'n for Lawyer Discipline, 710 S.W.3d 288 (Tex. App.—Houston [1st Dist.] 2024).published(The purpose of a bill of exceptions is to allow a party to make a record for appellate review of matters that do not otherwise appear in the record.)
- Hughes, Darren Tramell v. State of Texas, 691 S.W.3d 504 (Tex. Crim. App. 2024).published(Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Dante Lamont Hampton v. Starlena Christian Hampton, No. 02-23-00080-CV (Tex. App.—Fort Worth Apr. 11, 2024).published(Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Kimberly Ford v. Skyline Mobile Home Estates, No. 02-22-00244-CV (Tex. App.—Fort Worth June 1, 2023).published (Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Mr. W Fireworks, Inc. v. NRZ Inv. Grp., LLC, 677 S.W.3d 11 (Tex. App.—El Paso 2023).published (Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Ethel Annette Pettigrew v. Robert Gastineau, No. 10-18-00203-CV (Tex. App.—Waco Oct. 14, 2020).published (Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Teal Trading & Dev., Lp v. Champee Springs Ranches Prop. Owners Ass'n, 593 S.W.3d 324 (Tex. 2020).published(Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
Show 88 more citing cases
- Wesley Fredieu v. W&T Offshore, Inc., No. 14-16-00511-CV (Tex. App.—Houston [14th Dist.] Oct. 30, 2018).published(Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Wesley Fredieu v. W&T Offshore, Inc., No. 14-16-00511-CV (Tex. App.—Houston [14th Dist.] June 26, 2018).published(Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Usaa Texas Lloyds Co. v. Gail Menchaca, 545 S.W.3d 479 (Tex. 2018).published (Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Robert Peterson v. Roger Kroschel, III, No. 01-13-00554-CV (Tex. App.—Houston [1st Dist.] June 2, 2015).published(Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Dexter Evans v. Edgar Linares, No. 14-14-00468-CV (Tex. App.—Houston [14th Dist.] Apr. 23, 2015).published(Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- In re Juan Carlos Ruvalcaba, No. 14-14-00732-CV (Tex. App.—Houston [14th Dist.] Oct. 9, 2014).published(Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Mote Resources, Inc. v. Charles T. Gardner, No. 02-12-00175-CV (Tex. App.—Fort Worth Nov. 14, 2013).published(Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- BP Am. Prod. Co. v. Carlos M. Zaffirini, Sr., No. 04-11-00550-CV (Tex. App.—San Antonio Aug. 30, 2013).published (Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Pers. Touch Holding Corp. v. LMS Consulting, LLC, No. 04-14-00827-CV (Tex. App.—San Antonio Mar. 24, 2015).published(Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties.)
- Perry Homes v. Cull, 258 S.W.3d 580 (Tex. 2008).published
- Nw. Constr. Co. v. Oak Partners, L.P., 248 S.W.3d 837 (Tex. App.—Fort Worth 2008).published
- Hines v. Villalba, 231 S.W.3d 550 (Tex. App.—Dallas 2007).published
- In re R.B., 225 S.W.3d 798 (Tex. App.—Fort Worth 2007).published
- El Apple I, Ltd. v. Olivas, 324 S.W.3d 181 (Tex. App.—El Paso 2010).published
- Am. Heritage, Inc. v. Nevada Gold & Casino, Inc., 259 S.W.3d 816 (Tex. App.—Houston [1st Dist.] 2008).published
- Mills v. Fletcher, 229 S.W.3d 765 (Tex. App.—San Antonio 2007).published
- Hansen v. JP Morgan Chase Bank, N.A., 346 S.W.3d 769 (Tex. App.—Dallas 2011).published
- William R. & Susan M. Knoderer v. State Farm Lloyds, No. 06-13-00027-CV, 2014 WL 4699136 (Tex. App.—Texarkana Sept. 19, 2014).published
- Hal Sauls v. Munir Bata, LLC, No. 02-14-00208-CV (Tex. App.—Fort Worth June 12, 2015).published
- Larry T. Long v. Castle Texas Prod. Ltd. P'ship, No. 11-0161 (Tex. Mar. 28, 2014).published
- Key Operating & Equip., Inc. v. Will Hegar, 435 S.W.3d 794 (Tex. 2014).published
- Perry Homes v. Robert E. Cull, No. 05-0882 (Tex. May 2, 2008).published
- John C. Scott v. William E. King, No. 01-06-00565-CV (Tex. App.—Houston [1st Dist.] Mar. 27, 2008).published
- In re Randal Franklin Caraway, No. 02-05-00359-CV, 2007 WL 1879768 (Tex. App.—Fort Worth June 28, 2007).published
- in the Interest of R.B., J.B., S.B., T.B., A.B. & J.B., Child., 225 S.W.3d 798 (Tex. App.—Fort Worth 2007).published
- In re Nw. Constr. Co., Inc., No. 02-07-00328-CV (Tex. App.—Fort Worth Mar. 6, 2008).published
- in the Interest E.J.C. & R.A.C., the Child., No. 02-08-00295-CV, 2009 WL 885950 (Tex. App.—Fort Worth Apr. 2, 2009).published
- Benny P. Phillips v. Dale Bramlett, No. 07-05-00456-CV (Tex. App.—Amarillo Mar. 19, 2007).published
- Bob Carr v. Guy's Plumbing, No. 07-05-00443-CV (Tex. App.—Amarillo Mar. 8, 2007).published
- Pecos Downey v. Danielle Downey, No. 03-12-00037-CV (Tex. App.—Austin Apr. 1, 2014).published
- David Isaac Cisneros v. Laurette Cisneros, No. 14-14-00616-CV (Tex. App.—Houston [14th Dist.] Mar. 12, 2015).published
- in the Interest of M.M.M. & S.H.M., Minor Child., 428 S.W.3d 389 (Tex. App.—Houston [14th Dist.] 2014).published
- Richard Mark Watts v. Ruth Oliver, 396 S.W.3d 124 (Tex. App.—Houston [14th Dist.] 2013).published
- Gerald Byron Barras v. Leslea Loring Barras, 396 S.W.3d 154 (Tex. App.—Houston [14th Dist.] 2013).published
- Larry T. Long v. Castle Texas Prod. Ltd. P'ship, No. 12-09-00189-CV (Tex. App. Mar. 28, 2014).published
- In re Commitment of Fredrick Robert King Jr., No. 09-13-00255-CV, 2014 WL 346109 (Tex. App.—Beaumont Jan. 23, 2014).published
- Liberty Mut. Ins. Co. v. Transit Mix Concrete & Materials Co., No. 06-12-00117-CV (Tex. App.—Texarkana June 28, 2013).published
- City of Keller v. Kimberlee Diane Meadors Hall, 433 S.W.3d 708 (Tex. App.—Fort Worth 2014).published
- in the Interest of A.L.W. & M.M.P., the Child., No. 02-11-00480-CV, 2012 WL 5439008 (Tex. App.—Fort Worth Nov. 8, 2012).published
- in the Est. of Consuella Perkins Ulbrich, No. 04-12-00514-CV (Tex. App.—San Antonio Jan. 15, 2014).published
- in the Interest of C.H.C & S.M.C., 396 S.W.3d 33 (Tex. App.—Dallas 2013).published
- John A. Lance v. Judith & Terry Robinson, No. 04-12-00754-CV, 2013 WL 820590 (Tex. App.—San Antonio Mar. 6, 2013).published
- Deborah Olson Montoya v. Bluebonnet Fin. Assets, No. 02-09-00301-CV, 2010 WL 4261481 (Tex. App.—Fort Worth Oct. 28, 2010).published
- Anna Maria Cancino v. Jason M. Cancino, No. 03-14-00115-CV (Tex. App.—Austin Jan. 13, 2016).published
- in the Interest of K.O., A.O., & O.O., Child., 488 S.W.3d 829 (Tex. App.—Texarkana 2016).published
- Diep Tuyet Vo v. Karen Vu, No. 02-15-00188-CV (Tex. App.—Fort Worth May 12, 2016).published
- Samson Expl., LLC v. T. S. Reed Props., Inc., 521 S.W.3d 26 (Tex. App.—Beaumont 2015).published
- Rowland Martin, Jr. v. Edward L. Bravenec & 1216 West Ave., Inc., No. 04-14-00483-CV (Tex. App.—San Antonio June 3, 2015).published
- Cash Biz, LP v. Hiawatha Henry, No. 04-15-00469-CV (Tex. App.—San Antonio Sept. 3, 2015).published
- Maria Zamarripa v. Bay Area Health Care Grp., Ltd., No. 13-15-00024-CV (Tex. App.—Corpus Christi July 6, 2015).published
- in the Est. of Consuella Perkins Ulbrich, No. 04-14-00812-CV (Tex. App.—San Antonio Apr. 6, 2015).published
- Juan F. Quantanilla v. Baxter Painting, Inc., No. 05-14-00685-CV (Tex. App.—Dallas Dec. 1, 2015).published
- Larry Neal Sullivan v. Yvonne Madeline Marie Lepage-Sullivan, No. 07-15-00081-CV (Tex. App.—Amarillo Jan. 25, 2017).published
- in the Interest of C.C. & S.C., Child., No. 02-17-00058-CV (Tex. App.—Fort Worth Oct. 26, 2017).published
- In re Commitment Stoney Raymond Fontenot, No. 01-17-00207-CV (Tex. App.—Houston [1st Dist.] Dec. 5, 2017).published
- In re The Commitment of Bill Don Ratliff, No. 05-16-01425-CV, 2018 WL 3829264 (Tex. App.—Dallas Aug. 13, 2018).published
- Herman Knightshade v. Star Freight, L.L.C., No. 11-17-00250-CV (Tex. App.—Eastland July 25, 2019).published
- William R. Hickey v. Vanderbilt Mortg. & Fin., Inc., No. 11-18-00088-CV (Tex. App.—Eastland Aug. 8, 2019).published
- Raymond Criswell v. Kenneth M. Allison, No. 09-18-00003-CV (Tex. App.—Beaumont Aug. 22, 2019).published
- In re The Commitment of Justin Shelton, No. 02-19-00033-CV (Tex. App.—Fort Worth Feb. 13, 2020).published
- E.S.F. v. D.J.F., No. 14-18-00850-CV (Tex. App.—Houston [14th Dist.] Apr. 9, 2020).published
- In re The Commitment of Justin Shelton, No. 02-19-00033-CV, 2020 WL 1887722 (Tex. App.—Fort Worth Apr. 16, 2020).published
- Andy Brumley v. Richard Howard McDuff, 616 S.W.3d 826 (Tex. 2021).published
- Kenneth A. Bitgood v. Stephen S. Harkness, No. 09-20-00263-CV, 2021 WL 2371252 (Tex. App.—Beaumont June 10, 2021).published
- in the Interest of A.T.M., G.B., & P.F.L., Child., No. 13-21-00008-CV (Tex. App.—Corpus Christi–Edinburg June 24, 2021).published
- Frank Thomas Shumate Jr. v. Berry Contracting, L.P., No. 13-19-00382-CV (Tex. App.—Corpus Christi–Edinburg July 15, 2021).published
- Dallas Cnty. v. Crestview Corners Car Wash, 370 S.W.3d 25 (Tex. App.—Dallas 2012).published
- BP Am. Prod. Co. v. Zaffirini, 419 S.W.3d 485 (Tex. App.—San Antonio 2013).published
- Long v. Castle Texas Prod. Ltd. P'ship, 426 S.W.3d 73 (Tex. 2014).published
- Milton Jovel v. Katherine Blanco, No. 14-20-00638-CV, 2022 WL 220251 (Tex. App.—Houston [14th Dist.] Jan. 25, 2022).published
- in the Interest of B.A., B.W., & B.W., Child., No. 02-21-00278-CV (Tex. App.—Fort Worth Jan. 27, 2022).published
- in the Interest of T.B., an Adult, 641 S.W.3d 535 (Tex. App.—Waco 2022).published
- In re The Commitment of Jesus Jesse Gonzalez, No. 02-21-00238-CV, 2022 WL 1183219 (Tex. App.—Fort Worth Apr. 21, 2022).published
- in the Interest of E.H.L v., No. 09-20-00191-CV (Tex. App.—Beaumont June 9, 2022).published
- Mingrun, Inc. v. Telina Wheaton, No. 09-21-00198-CV (Tex. App.—Beaumont June 9, 2022).published
- Ronnie Ray Brooks v. Kenneth Nash, No. 09-21-00378-CV (Tex. App.—Beaumont July 14, 2022).published
- City of Patton Vill. v. Concerned Citizens Against Wrongful Annexation by Patton Vill., No. 09-21-00368-CV (Tex. App.—Beaumont Nov. 3, 2022).published
- Cristy Williamson v. Omkar Sharma, No. 09-21-00105-CV (Tex. App.—Beaumont June 1, 2023).published
- Sidney & Shatika Davis v. Homeowners of Am. Ins. Co., 700 S.W.3d 837 (Tex. App.—Dallas 2023).published
- Jerry A. Guzzetta v. Brimhall LQ, LLC, 678 S.W.3d 251 (Tex. App.—San Antonio 2023).published
- In the Interest of G.M.K., a Child v. the State of Texas, No. 13-22-00016-CV (Tex. App.—Corpus Christi–Edinburg Aug. 10, 2023).published
- In re The Commitment of Randy Lee Gant v. the State of Texas, No. 05-23-00671-CV (Tex. App.—Dallas May 31, 2024).published
- Above Hell Trucking, LLC v. Garrett LaGrone Servs., LLC, No. 06-23-00079-CV (Tex. App.—Texarkana June 5, 2024).published
- In the Matter of the Marriage of James Vaughn IV & Amber Vaughn v. the State of Texas, No. 10-21-00167-CV (Tex. App.—Waco Oct. 24, 2024).published
- In the Interest of C.L.M., a Child v. the State of Texas, No. 01-23-00919-CV (Tex. App.—Houston [1st Dist.] July 31, 2025).published
- Roy Bent v. Medina Bent, No. 01-24-00335-CV (Tex. App.—Houston [1st Dist.] Nov. 20, 2025).published
- Jonathan Paul Jones v. Raquel Hatch, No. 04-24-00553-CV (Apr. 1, 2026).published
- Martha Gallien McGlothen v. Martha Williams, No. 01-24-00844-CV (Apr. 28, 2026).published
At page 583 Determining necessity of expert testimony for causation108 citing cases“expert testimony is required when an issue involves matters beyond jurors' common understanding.”
- Hidalgo Cnty. v. Dora Herrera, No. 13-15-00167-CV (Tex. App.—Corpus Christi Aug. 24, 2015).published But see Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 579-80 (Tex. 2006) (″The trial court would have been within its discretion to measure the reliability of Elwell’s testimony, at least in part, by considering (1) the extent to which Elwel…
- Frost Bank v. Michelle Glenn, No. 13-23-00595-CV (Tex. App.—Corpus Christi–Edinburg Dec. 11, 2025).published(Expert testimony is required when an issue involves matters beyond jurors’ common understanding.)
- Rogers v. Stand. Eco, LLC, No. 3:20-cv-00216 (S.D. Tex. Jan. 3, 2022).(Expert testimony is required when an issue involves matters beyond jurors’ common understanding.)
- Dos Republicas Coal P'ship v. David Saucedo, No. 13-14-00725-CV (Tex. App.—Corpus Christi July 23, 2015).published(Expert testimony is required when an issue involves matters beyond jurors’ common understanding.)
- Lynette Starr v. A. J. Struss & Co., No. 01-14-00702-CV (Tex. App.—Houston [1st Dist.] July 9, 2015).published (Expert testimony is required when an issue involves matters beyond jurors’ common understanding.)
- James Dewbre v. Anheuser-Busch, Inc., No. 10-08-00022-CV, 2008 Tex. App. LEXIS 9046 (Tex. App.—Waco Nov. 26, 2008).published (Proof other than expert testimony will constitute some evidence of causation only when a layperson’s general experience and common understanding would enable the layperson to determine from the evidence, with reasonabl…)
- Khizar Ahsan v. Perry Homes, LLC, No. 13-22-00548-CV (Tex. App.—Corpus Christi–Edinburg July 5, 2024).published “proof other than expert testimony will constitute some evidence of causation only when a layperson's general experience and common understanding would enable the layperson to determine from the evidence, with reasonable…”
- Ramona Smith v. Chrysler Grp., L.L.C., 909 F.3d 744 (5th Cir. 2018).published “a lay juror's general experience and common knowledge do not extend to whether design defects such as those alleged in this case caused releases of diesel fuel during a rollover accident.”
- Joyce DeAnda v. Abbey Moor of Trophy Club Homeowners' Ass'n, No. 02-25-00379-CV (Aug. 27, 2026).publishedAn opinion will satisfy the personal-knowledge requirement if it is an interpretation of the “Expert testimony is required when an issue involves matters beyond jurors’ 20 common understanding.” Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572,…
- Linda Batiste v. Johnson & Johnson & Ethicon, Inc., No. 15-0975 (Tex. Dec. 18, 2015).published
Show 85 more citing cases
- Lety Robinson v. Carlos Ochoa, No. 13-16-00357-CV (Tex. App.—Corpus Christi Apr. 5, 2018).published
- Bldg. Prods. Plus Co. L. C. v. Tamko Bldg. Prods., Inc., No. 01-12-00073-CV (Tex. App.—Houston [1st Dist.] Oct. 10, 2013).published
- BIC Pen Corp. v. Carter ex rel. Carter, 346 S.W.3d 533 (Tex. 2011).published
- Palma v. Chribran Co., 327 S.W.3d 866 (Tex. App.—Beaumont 2010).published
- Gharda USA, Inc. v. Control Solutions, Inc., 464 S.W.3d 338 (Tex. 2015).published
- Ford Motor Co. v. Ledesma, 242 S.W.3d 32 (Tex. 2007).published
- Regal Fin. Co. v. Tex Star Motors, Inc., 355 S.W.3d 595 (Tex. 2010).published
- Shaun T. Mian Corp. v. Hewlett-Packard Co., 237 S.W.3d 851 (Tex. App.—Dallas 2007).published
- In re Enron Corp. Sec., 623 F. Supp. 2d 798 (S.D. Tex. 2009).published
- Driskill v. Ford Motor Co., 269 S.W.3d 199 (Tex. App.—Texarkana 2008).published
- Towers of Town Lake Condo. Ass'n v. Rouhani, 296 S.W.3d 290 (Tex. App.—Austin 2009).published
- Romo v. Ford Motor Co., 798 F. Supp. 2d 798 (S.D. Tex. 2011).published
- Hunter v. Ford Motor Co., 305 S.W.3d 202 (Tex. App.—Waco 2009).published
- Celadon Trucking Servs., Inc. v. Martinez, 320 S.W.3d 377 (Tex. App.—El Paso 2010).published
- Scott v. Dorel Juv. Grp., Inc., 773 F. Supp. 2d 664 (N.D. Tex. 2011).published
- JPMorgan Chase Bank, N.A. v. Prof'l Pharmacy II, 508 S.W.3d 391 (Tex. App.—Fort Worth 2015).published
- Addie Evans v. MIPTT, LLC, No. 01-06-00394-CV, 2007 WL 1716443 (Tex. App.—Houston [1st Dist.] June 14, 2007).published
- Nga "Andy" Nguyen & Ching Enter., Inc. v. Doris Barahona, No. 01-07-00454-CV (Aug. 28, 2008).published
- Tammy Poteet v. Roger Kaiser, No. 02-06-00397-CV (Tex. App.—Fort Worth Dec. 13, 2007).published
- Allen Beasley v. Zelda Glass, No. 06-03-00069-CV (Tex. App.—Texarkana Oct. 17, 2003).published
- Debbie Hunter v. Ford Motor Co., No. 10-08-00128-CV (Tex. App.—Waco Nov. 10, 2009).published
- Wells Fargo Bank, N.A. v. Susan Crocker, No. 13-07-00732-CV, 2009 WL 5135176 (Tex. App.—Corpus Christi Dec. 29, 2009).published
- Seasha Pools v. Robert Hardister// Cross-Appellee, 391 S.W.3d 635 (Tex. App.—Austin 2012).published
- Carolyn Lewis v. Johnson & Johnson, 601 F. App'x 205 (4th Cir. 2015).unpublished
- Ins. All. v. Lake Texoma Highport, LLC, 452 S.W.3d 57 (Tex. App.—Dallas 2014).published
- Seitel Data, Ltd. v. Ralph Simmons, 362 S.W.3d 782 (Tex. App.—Texarkana 2012).published
- Jesus Zavala, Jr. v. Burlington N. Santa Fe Corp., 355 S.W.3d 359 (Tex. App.—El Paso 2011).published
- iLight Tech., Inc. v. Clutch City Sports & Ent., L.P., 414 S.W.3d 842 (Tex. App.—Houston [1st Dist.] 2013).published
- Global Gen. Constr. Servs., LLC v. Ramona Jones, No. 04-12-00701-CV (Tex. App.—San Antonio May 8, 2013).published
- Celadon Trucking Servs., Inc. v. Mario Martinez, No. 08-07-00313-CV (Tex. App.—El Paso Mar. 24, 2010).published
- Green Tree Servicing, LLC v. Ralph D. Woods, 388 S.W.3d 785 (Tex. App.—Houston [1st Dist.] 2012).published
- United States Fire Ins. Co. (Appellant/Cross-Appellee) v. the Lynd Co. (Appellee/Cross-Appellant) v. RSUI Indem. Co. (Cross-Appellee), No. 04-11-00347-CV (Tex. App.—San Antonio Aug. 15, 2012).published
- In re Am. Power Conversion Corp., Relator, No. 04-12-00140-CV (Tex. App.—San Antonio July 5, 2012).published
- Olga Mata Individually v. Energy Absorption Sys. LLC, No. 01-09-01097-CV (Tex. App.—Houston [1st Dist.] Mar. 30, 2011).published
- Zbranek Custom Homes, Ltd. v. Joe Allbaugh, No. 03-14-00131-CV (Tex. App.—Austin Dec. 23, 2015).published
- Johnson & Johnson & Ethicon, Inc. v. Linda Batiste, No. 05-14-00864-CV, 2015 WL 6751063 (Tex. App.—Dallas Nov. 5, 2015).published
- Henry Sims, Jr. v. Kia Motors of Am., I, 839 F.3d 393 (5th Cir. 2016).published
- Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 513 S.W.3d 543 (Tex. App.—Houston [14th Dist.] 2016).published
- Texas Windstorm Ins. Ass'n v. Dickinson Indep. Sch. Dist., No. 14-16-00474-CV (Tex. App.—Houston [14th Dist.] May 31, 2018).published
- Amy W. Starkey v. Barkan Ronen Enri or in the Alt. Yitshak Eini, No. 14-17-00224-CV (Tex. App.—Houston [14th Dist.] Aug. 28, 2018).unpublished
- River City Drywall, LLC v. Eric Hanlon, No. 03-17-00482-CV (Tex. App.—Austin Aug. 28, 2018).published
- Texas Windstorm Ins. Ass'n v. Dickinson Indep. Sch. Dist., 561 S.W.3d 263 (Tex. App.—Houston [14th Dist.] 2018).published
- Kimberly Rodriguez v. Centerpoint Energy Houston Elec., LLC., No. 14-16-00867-CV, 2018 WL 5261246 (Tex. App.—Houston [14th Dist.] Oct. 23, 2018).published
- Panhandle Steel Erectors, Inc. v. Luis Cantu, No. 05-17-01495-CV (Tex. App.—Dallas July 17, 2019).published
- Harris Cnty. v. Barbara Coats, 607 S.W.3d 359 (Tex. App.—Houston [14th Dist.] 2020).published
- Steve Huynh v. Frank Blanchard, 683 S.W.3d 30 (Tex. App.—Tyler 2021).published
- United States Fire Ins. Co. v. Lynd Co., 399 S.W.3d 206 (Tex. App.—San Antonio 2012).published
- BMLA, Inc. v. Keziah Jordan, 650 S.W.3d 564 (Tex. App.—Houston [1st Dist.] 2021).published
- Nabors Well Servs., Ltd. v. Romero, 508 S.W.3d 512 (Tex. App.—El Paso 2016).published
- Loera v. Fuentes, 511 S.W.3d 761 (Tex. App.—El Paso 2016).published
- GB Tubulars, Inc. v. Union Gas Operating Co., 527 S.W.3d 563 (Tex. App.—Houston [14th Dist.] 2017).published
At page 578 Determining reliability of expert testimony under evidence rules74 citing casesBecause the party sponsoring the expert bears the burden of showing that the expert’s testimony is admissible, the burden of presenting understandable evidence that will persuade the trial court is on the presenting party.
- Hidalgo Cnty. v. Dora Herrera, No. 13-15-00167-CV (Tex. App.—Corpus Christi Aug. 24, 2015).published But see Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 579-80 (Tex. 2006) (″The trial court would have been within its discretion to measure the reliability of Elwell’s testimony, at least in part, by considering (1) the extent to which Elwel…
- Michael Hospadales & Loomis Armored US, LLC v. Roy McCoy, 513 S.W.3d 724 (Tex. App.—Houston [1st Dist.] 2017).published([T]he party sponsoring the expert bears the burden of showing the expert’s testimony is admissible[.])
- Charlotte Hearn v. Kathryn Snapka, No. 13-11-00332-CV (Tex. App.—Corpus Christi Dec. 28, 2012).published(Because the party sponsoring the expert bears the burden of showing that the expert’s testimony is admissible, the burden of presenting understandable evidence that will persuade the trial court is on the presenting pa…)
- Transcontinental Ins. Co. v. Joyce Crump, No. 09-0005 (Tex. Aug. 27, 2010).published Whirlpool Corp. v. Camacho , 298 S.W.3d 631, 638 (Tex. 2009); see also Mack Trucks , 206 S.W.3d at 579 (“[T]he criteria for assessing reliability must vary depending on the nature of the evidence.”).
- Transcontinental Ins. Co. v. Crump, 330 S.W.3d 211 (Tex. 2010).published Whirlpool Corp. v. Camacho, 298 S.W.3d 631, 638 (Tex.2009); see also Mack Trucks, 206 S.W.3d at 579 ("[T]he criteria for assessing reliability must vary depending on the nature of the evidence.").
- Azle Manor, Inc. v. Harold R. Vaden, No. 02-08-00115-CV, 2008 WL 4831408 (Tex. App.—Fort Worth Nov. 6, 2008).published (An expert witness may testify regarding ‘scientific, technical, or other specialized’ matters if . . . the expert’s opinion is . . . based on a reliable foundation.)
- McALLEN HOSPITALS, L. P. v. Carmen Garza Muniz, No. 13-06-00288-CV (Tex. App.—Corpus Christi Dec. 13, 2007).published See Gammill , 972 S.W.2d at 724-25 ; see also Mack Trucks , 206 S.W.3d at 579 ("We recognized [in Gammill ] that the criteria for assessing reliability must vary depending on the nature of the evidence.").
- City of San Antonio v. Pollock, 284 S.W.3d 809 (Tex. 2009).published
- Whirlpool Corp. v. Camacho, 298 S.W.3d 631 (Tex. 2009).published
- Duncan-Hubert v. Mitchell, 310 S.W.3d 92 (Tex. App.—Dallas 2010).published
Show 55 more citing cases
- Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. Nat'l Dev. & Rsch. Corp., 232 S.W.3d 883 (Tex. App.—Dallas 2007).published
- State v. Bristol Hotel Asset Co., 293 S.W.3d 211 (Tex. App.—San Antonio 2007).published
- Wilson v. Shanti, 333 S.W.3d 909 (Tex. App.—Houston [1st Dist.] 2011).published
- Formosa Plastics Corp., USA v. Kajima Int'l, Inc., 216 S.W.3d 436 (Tex. App.—Corpus Christi 2006).published
At page 579 Varying criteria for assessing expert testimony reliability27 citing casesWe recognized [in Gammill ] that the criteria for assessing reliability must vary depending on the nature of the evidence.
- Hidalgo Cnty. v. Dora Herrera, No. 13-15-00167-CV (Tex. App.—Corpus Christi Aug. 24, 2015).published (�The trial court would have been within its discretion to measure the reliability of Elwell’s testimony, at least in part, by considering (1) the extent to which Elwell’s theory had been or could be tested; (2)
- Crosstex DC Gathering Co., J v. v. Terry Titus Button, Ossie A. Button, T & O Legacy, Ltd., & Sw. Sec., FSB, No. 02-11-00067-CV (Tex. App.—Fort Worth Jan. 24, 2013).published(In determining reliability, the trial court ‘should undertake a rigorous examination of the facts on which the expert relies.’)
- Transcontinental Ins. Co. v. Joyce Crump, No. 09-0005 (Tex. Aug. 27, 2010).published ([T]he criteria for assessing reliability must vary depending on the nature of the evidence.)
- Transcontinental Ins. Co. v. Crump, 330 S.W.3d 211 (Tex. 2010).published ([T]he criteria for assessing reliability must vary depending on the nature of the evidence.)
- Whirlpool Corp. v. Margarita Camacho, No. 13-05-00361-CV (Tex. App.—Corpus Christi Jan. 17, 2008).published(We recognized [in Gammill ] that the criteria for assessing reliability must vary depending on the nature of the evidence.)
- McALLEN HOSPITALS, L. P. v. Carmen Garza Muniz, No. 13-06-00288-CV (Tex. App.—Corpus Christi Dec. 13, 2007).published (We recognized [in Gammill ] that the criteria for assessing reliability must vary depending on the nature of the evidence.)
- Joseph Gaudette v. Conn Appliances, Inc., No. 09-06-00444-CV (Tex. App.—Beaumont Sept. 6, 2007).published “a significant part of the trial court's gatekeeper function is to evaluate the expert's qualifications, listen to the testimony, view the evidence, and determine which factors and evaluation methodology are most appropr…”
- Whirlpool Corp. v. Camacho, 298 S.W.3d 631 (Tex. 2009).published
- Wilson v. Shanti, 333 S.W.3d 909 (Tex. App.—Houston [1st Dist.] 2011).published
- In re GlobalSanteFe Corp., 275 S.W.3d 477 (Tex. 2008).published
Show 12 more citing cases
- Whirlpool Corp. v. Camacho, 251 S.W.3d 88 (Tex. App.—Corpus Christi 2008).published
- U.S. Renal Care, Inc. v. Jaafar, 345 S.W.3d 600 (Tex. App.—San Antonio 2011).published
- Netrana, L.L.C. v. Txu Bus. Servs. Co., No. 13-08-00264-CV (Tex. App.—Corpus Christi Nov. 12, 2009).published
- Beverly St. Clair v. Matthew T. Alexander, No. 13-08-00218-CV (Tex. App.—Corpus Christi Sept. 30, 2009).published
- Bldg. Prods. Plus Co. L. C. v. Tamko Bldg. Prods., Inc., No. 01-12-00073-CV (Tex. App.—Houston [1st Dist.] Oct. 10, 2013).published
At page 580 Analyzing expert testimony regarding causation in fire cases6 citing casesnoting that factors relied on by an expert consistent with the release of diesel fuel prior to a fire were not probative evidence that diesel fuel was released because of an asserted defect in the fuel system
- Hidalgo Cnty. v. Dora Herrera, No. 13-15-00167-CV (Tex. App.—Corpus Christi Aug. 24, 2015).published But see Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 579-80 (Tex. 2006) (″The trial court would have been within its discretion to measure the reliability of Elwell’s testimony, at least in part, by considering (1) the extent to which Elwel…
- Whirlpool Corp. v. Camacho, 298 S.W.3d 631 (Tex. 2009).published
- Plunkett v. Connecticut Gen. Life Ins. Co., 285 S.W.3d 106 (Tex. App.—Dallas 2009).published
- Taber v. Roush, 316 S.W.3d 139 (Tex. App.—Houston [14th Dist.] 2010).published
- BIC Pen Corp. v. Carter ex rel. Carter, 346 S.W.3d 533 (Tex. 2011).published
- Lauren Taber v. Catherine Nguyen Roush, No. 14-08-00089-CV (Tex. App.—Houston [14th Dist.] June 17, 2010).published
At page 575 Interpreting antecedent of modifying phrase in contract3 citing cases
- Hidalgo Cnty. v. Dora Herrera, No. 13-15-00167-CV (Tex. App.—Corpus Christi Aug. 24, 2015).published But see Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 579-80 (Tex. 2006) (″The trial court would have been within its discretion to measure the reliability of Elwell’s testimony, at least in part, by considering (1) the extent to which Elwel…
- Linda Batiste v. Johnson & Johnson & Ethicon, Inc., No. 15-0975 (Tex. Dec. 18, 2015).published
- Lety Robinson v. Carlos Ochoa, No. 13-16-00357-CV (Tex. App.—Corpus Christi Apr. 5, 2018).published
At page 576 Trial court discretion in excluding expert causation testimony3 citing casesholding that the trial court did not abuse its discretion in denying bill of exception and excluding evidence
- William M. Bishop & Pinnacle Potash Int'l, Ltd v. E. Barger Miller, III & Reunion Potash Co., 412 S.W.3d 758 (Tex. App.—Houston [14th Dist.] 2013).published
- Donald Parker v. Valerus Compression Servs., LP, 365 S.W.3d 61 (Tex. App.—Houston [1st Dist.] 2011).published
- Raghunath Dass v. Texas Bd. of Prof'l Engineers, No. 03-14-00552-CV (Tex. App.—Austin May 6, 2015).published
At page 584 Sufficiency of circumstantial evidence for causation3 citing casesjuror’s general experience and common knowledge do not extend to whether design defects such as those alleged in case caused releases of diesel fuel during rollover accident and whether diesel would have been source of first ignition when other possible ignition sources were present
- Michael Spradley v. Michael E. Orsak, L.P., No. 01-19-00186-CV (Tex. App.—Houston [1st Dist.] Dec. 15, 2020).published
- Zbranek Custom Homes, Ltd. v. Joe Allbaugh, No. 03-14-00131-CV (Tex. App.—Austin Dec. 23, 2015).published
- Sharmyn Long v. Pamela Faris & P S Faris LLC, No. 02-17-00236-CV (Tex. App.—Fort Worth Mar. 8, 2018).published
At page 600 cited at this page3 citing cases
- Kenneth Michael Koonce v. First Victoria Nat'l Bank, No. 13-10-00282-CV (Tex. App.—Corpus Christi Aug. 31, 2011).published
- Kenneth Montgomery v. Valerus Compression Servs., LP, No. 01-10-00716-CV (Tex. App.—Houston [1st Dist.] July 28, 2011).published
v.
Elizabeth TAMEZ Et. Al., Respondent
delivered the opinion of the Court.
In this truck accident case the trial court excluded expert testimony as to what caused a post-accident fire that burned the truck and the driver. After excluding the expert testimony because it was not reliable, the trial court granted summary judgment. The court of appeals reversed. We hold that the trial court did not err, reverse the court of appeals’ judgment, and render judgment that the plaintiffs take nothing.
I. Background
On October 19, 1996, Abram Tamez was operating a Mack Truck tractor hauling a trailer of crude oil. Tamez was rounding a curve in the road when the tractor and trailer overturned. A fire erupted and burned the trailer, its cargo, and the tractor. Tamez was able to climb out of the tractor, but he was badly burned and died as a result of his injuries.
As a result of Tamez’s death, suit was filed [1] against the tractor’s manufacturer, Mack Trucks, Inc., and others. [2] The Ta-mezes alleged that Mack defectively designed, manufactured and marketed the tractor. They claimed that Mack was liable for negligence, gross negligence, strict products liability, breach of warranty, and misrepresentation. All five theories were based on the same complaint: diesel fuel from the truck’s fuel system originated the fire that burned Abram Tamez. Specifically, the Tamezes alleged that the tractor had design and manufacturing defects because (1) the fuel system was unreasonably prone to fail and release diesel fuel in an environment conducive to ignition and fire; and (2) the tractor had ignition sources[*576] such as hot manifolds and electric batteries in areas likely to contain released flammable fluids. The Tamezes also alleged that Mack failed to provide warnings about the defects.
In connection with its claims against Mack, the Tamezes identified Ronald El-well as an expert on post-collision, fuel-fed fires. Mack moved to exclude his testimony as unreliable and moved for summary judgment. Mack asserted multiple grounds for seeking summary judgment. Some grounds for its motion were directed at particular plaintiffs, while some grounds were directed at all the Tamezes. One part of Mack’s motion directed at all the Tamezes was a Rule 166a(i) motion urging that the Tamezes could present no evidence that any alleged defects caused the fire. The Tamezes responded to the no-evidence part of Mack’s motion, in part, by filing Elwell’s deposition and his expert report. They also later submitted Elwell’s testimony from a bill of exceptions.
Pretrial matters, including a Robinson [3] hearing pursuant to Mack’s motion to exclude Elwell’s testimony, were scheduled and heard. During the Robinson hearing Elwell testified. He expressed the opinion that the fire was started by the tractor’s battery, which was located too near the fuel tanks, igniting the tractor’s diesel fuel, which in turn ignited the trailer’s cargo of crude oil.
The trial court granted Mack’s motion to exclude Elwell’s testimony as to causation. The Tamezes later moved the trial court to reconsider its decision. The court denied the motion but allowed the Tamezes to have Elwell testify again to create a bill of exceptions. [4] The court signed an order excluding the causation portion of Elwell’s testimony from being considered as evidence at any trial or hearing because it was not sufficiently reliable. Mack’s motion for summary judgment was granted.
The court of appeals reversed the summary judgment, concluding that the trial court abused its discretion in excluding Elwell’s causation testimony, [5] and also concluding that Elwell’s testimony provided some evidence of causation. The court of appeals’ opinion indicates that in reaching its decision it considered Elwell’s testimony from both the Robinson hearing and the bill of exceptions. See 100 S.W.3d 549, 556, 559, 561.
Mack urges that the trial court correctly excluded Elwell’s testimony on causation, did not abuse its discretion in refusing to reconsider that ruling, and properly granted summary judgment because the Ta-mezes presented no evidence of causation. Mack asserts, among other matters, that the court of appeals erred by (1) considering Elwell’s causation testimony from both the Robinson hearing and the bill of exceptions; (2) reversing the trial court’s ruling as to admissibility of Elwell’s causation testimony; and (3) reversing the summary judgment.
We conclude that the trial court did not abuse its discretion in excluding Elwell’s testimony on causation and that the court[*577] of appeals erred in considering testimony from the bill of exceptions in evaluating the trial court’s exclusion of Elwell’s causation testimony. We further conclude that the Tamezes presented no summary judgment evidence of causation and summary judgment was properly granted.
II. Elwell’s Bill of Exceptions Testimony
Mack argues that the court of appeals erred by considering testimony admitted only for the bill when it reviewed the trial court’s exclusion of Elwell’s causation testimony. The Tamezes claim that whether Elwell’s bill of exceptions testimony is considered is not relevant because his bill testimony added nothing to his Robinson hearing testimony. Further, in their brief and at oral argument the Tamezes disclaim having urged in the court of appeals that the trial court erred in (1) holding a Robinson hearing, (2) the manner in which the hearing was conducted, (8) the timing of the hearing, or (4) denying their motion for reconsideration. Our review of their briefs in the court of appeals confirms the Tamezes’ position. They do not contend here either that the bill of exceptions testimony was improperly excluded or that the trial court erred in denying their motion to reconsider.
The purpose of a bill of exceptions is to allow a party to make a record for appellate review of matters that do not otherwise appear in the record, such as evidence that was excluded. Tex. R. App. P. 38.2; Tex. R. Evtd. 103(a)(2); see also In re Ford Motor Co., 988 S.W.2d 714, 721 (Tex.1998). The court of appeals’ opinion indicates that it considered Elwell’s bill of exceptions testimony in evaluating the admissibility of his opinions even though the trial court did not. See 100 S.W.3d at 556, 559. As one example, the court of appeals referenced Elwell’s opinion that at least one of the tractor’s side fuel tanks became displaced during the rollover and separated the balance line connecting the two fuel tanks. Id. at 557. The court pointed to Elwell’s testimony interpreting photographic evidence of steel straps which held the tanks as support for his opinion. Id. The referenced testimony as to Elwell’s opinion and interpretation of photographic evidence was given as part of his bill of exceptions testimony, but he did not give similar testimony during the Robinson hearing.
Except for fundamental error, appellate courts are not authorized to consider issues not properly raised by the parties. See In the Interest of B.L.D., 113 S.W.3d 340, 350-52 (Tex.2003). We have described fundamental error as those instances in which error directly and adversely affects the interest of the public generally, as that interest is declared by the statutes or Constitution of our State, or instances in which the record affirmatively and conclusively shows that the court rendering the judgment was without jurisdiction of the subject matter. See McCauley v. Consol. Undewriters, 157 Tex. 475, 304 S.W.2d 265, 266 (1957). The court of appeals did not classify the trial court’s refusal to allow the Tamezes to present further evidence and to then reconsider its ruling to exclude Elwell’s causation testimony as fundamental error, and neither do we. The court of appeals erred in considering Elwell’s causation testimony from the bill of exceptions without having first determined, pursuant to properly assigned error, that the trial court erred in refusing to admit the testimony and reconsider its decision to exclude Elwell’s causation opinions. Under the record and issues presented to us, we may not consider Elwell’s testimony from the bill of exceptions in determining whether the trial court erred in excluding Elwell’s causation[*578] testimony. See Exito Elecs. Co. v. Trejo, 142 S.W.3d 302, 304 n. 1 (Tex.2004).
III. Reliability of Elwell’s Testimony
A. Standard of Review
An expert witness may testify regarding “scientific, technical, or other specialized” matters if the expert is qualified and if the expert’s opinion is relevant and based on a reliable foundation. Tex. R. Evid. 702; Helena Chem. Co. v. Wilkins, 47 S.W.3d 486, 499 (Tex.2001); Robinson, 923 S.W.2d at 556. In determining whether expert testimony is reliable, a court should examine “the principles, research, and methodology underlying an expert’s conclusions.” Exxon Pipeline Co. v. Zwahr, 88 S.W.3d 623, 629 (Tex.2002). When the testimony involves scientific knowledge, the expert’s conclusions must be “grounded ‘in the methods and procedures of science.’ ” Robinson, 923 S.W.2d at 557 (quoting Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 590, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993)). Otherwise, the testimony is “no more than ‘subjective belief or unsupported speculation.’” Id. (quoting Daubert, 509 U.S. at 590, 113 S.Ct. 2786). We have identified several non-exclusive factors that trial courts should consider when determining the reliability of expert testimony involving scientific knowledge. [6] We recognize that these factors may not apply when testimony is not scientific, but, rather, involves technical or other specialized knowledge. Gammill v. Jack Williams Chevrolet, 972 S.W.2d 713, 726 (Tex.1998). Even then, however, there must be some basis for the opinion to show its reliability. Id. An expert’s bare opinion will not suffice. Merrell Dow Pharms., Inc. v. Havner, 953 S.W.2d 706, 711 (Tex.1997). And, there cannot be “ ‘too great an analytical gap between the data and the opinion proffered.’ ” Gammill, 972 S.W.2d at 726 (quoting Gen. Elec. Co. v. Joiner, 522 U.S. 136, 146, 118 S.Ct. 512, 139 L.Ed.2d 508 (1997)).
A trial court has broad discretion in determining whether expert testimony is admissible. Zwahr, 88 S.W.3d at 629. Its ruling will be reversed only if that discretion is abused. K-Mart Corp. v. Honeycutt, 24 S.W.3d 357, 360 (Tex.2000). Because the party sponsoring the expert bears the burden of showing that the expert’s testimony is admissible, the burden of presenting understandable evidence that will persuade the trial court is on the presenting party. See Robinson, 923 S.W.2d at 557. When an expert’s “processes” or “methodologies” are obscured or concealed by testimony that is excessively internally contradictory, non-responsive or evasive, a trial court will not have abused its discretion in determining that the expert’s testimony is not admissible. See GMC v. Iracheta, 161 S.W.3d 462, 470-72 (Tex.2005).
B. Reliability Factors
The court of appeals noted that Elwell’s testimony largely applied his knowledge, training, and experience to the underlying data and that his methodology was not easily tested by objective criteria such as identifiable scientific formulas. The court of appeals concluded that under such cir[*579] cumstances the reliability of ElwelTs opinion is not properly measured by a Robinson-factor analysis, but that the “analytical gap” test should be applied. 100 S.W.3d at 555-56.
Mack argues that the court of appeals’ analysis is flawed. Mack urges that El-well’s inability to demonstrate at least one of the Robinson factors, coupled with his inability to eliminate the crude oil tanker as the source of the fire, rendered Elwell’s testimony unreliable. The Tamezes, on the other hand, argue that because El-well’s testimony was based on his training and experience, and not science, application of the analytical gap test, as opposed to use of Robinson factors, was appropriate. They contend that Elwell’s opinion was reliable because there were no analytical gaps in his testimony. See Gammill, 972 S.W.2d at 726.
In Gammill we clarified that the list of non-exclusive factors listed in Robinson may not be applicable when assessing certain kinds of expert testimony. 972 S.W.2d at 720. We held that Robinson factors did not apply to the mechanical engineer expert under consideration in Gammill, even though his claimed expertise was scientific in nature. Id. at 727. In so holding, however, we did not mean to imply that a trial court should never consider the Robinson factors when evaluating the reliability of expert testimony that is based on knowledge, training or experience, or that the factors can only be applied when evaluating scientific expert testimony. We recognized that the criteria for assessing reliability must vary depending on the nature of the evidence. Id. at 726.
The United States Supreme Court has noted that it is not possible to “rule out, nor rule in, for all cases and for all time the applicability of the factors mentioned in Daubert.” Kumho Tire v. Carmichael, 526 U.S. 137, 150, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999). Nor can the Court “now do so for subsets of cases categorized by category of expert or by kind of evidence,” as “[t]oo much depends upon the particular circumstances of the particular case at issue.” Id. In Robinson we likewise explained that the factors mentioned do not constitute an exclusive list and that the trial court’s gatekeeping inquiry will differ with each particular case depending on the “[t]he factors a trial court will find helpful in determining whether the underlying theories and techniques ... are scientifically rehable.” Robinson, 923 S.W.2d at 557. Thus, a trial court should consider the factors mentioned in Robinson when doing so will be helpful in determining reliability of an expert’s testimony, regardless of whether the testimony is scientific in nature or experience-based. See Kumho Tire, 526 U.S. at 139, 119 S.Ct. 1167; Gammill, 972 S.W.2d at 726.
In determining reliability, the trial court “should undertake a rigorous examination of the facts on which the expert relies, the method by which the expert draws an opinion from those facts, and how the expert applies the facts and methods to the case at hand.” See Amorgianos v. Amtrak, 303 F.3d 256, 267 (2d Cir.2002). A significant part of the trial court’s gatekeeper function is to evaluate the expert’s qualifications, listen to the testimony, view the evidence, and determine which factors and evaluation methodology are most appropriate to apply. For example, in the present case the trial court would have been within its discretion to measure the reliability of Elwell’s testimony, at least in part, by considering (1) the extent to which Elwell’s theory had been or could be tested; (2) the extent to which his methodology relied upon his subjective interpretation; (3) the methodology’s potential rate[*580] of error; (4) whether the underlying theory or methodology has been generally accepted as valid by the accident reconstruction and post-collision fire investigation community; and (5) the non-judicial uses that have been made of his methodology. These are similar to factors 1, 2, 4, 5 and 6 of those enumerated in Robinson. But, as we have said above, that is not to imply that the trial court was precluded from measuring Elwell’s methodology by Gam-mill’s analytical gap analysis.
C. Elwell’s Causation Testimony
At the Robinson hearing, Elwell testified that the fuel and battery system on the tractor were designed improperly, and suggested safer designs. He criticized the placement of the fuel tanks and also of the batteries’ [7] proximity to the fuel tanks. He criticized certain parts of the fuel system such as the crossover or “balance line” hose between the two fuel tanks and the spigots by which the hose was attached to each of the tanks. He referenced a particular report, which was not introduced, which he asserted supported his design critiques and his suggested safer designs.
Elwell’s analysis and conclusion that the fire began with the fuel system and the battery system were based on the “fire triangle” theory. He explained that under the fire triangle theory, a post-collision fuel-fed fire such as the one under consideration must be analyzed with an eye toward the ignition, fuel, and oxygen sources that were available. Because the air provided oxygen, his analysis centered on the other parts required to complete the triangle, “the source of fluids that could be ignited and what would it take to ignite those fluids and fuel, of course, is the primary suspect, either fuel or crude oil in this particular case.”
He did not testify that he inspected the remnants of the burned tractor and trailer or that he performed or reviewed any accident reconstruction analysis as to how the rollover occurred and how different parts of the vehicle would have been affected or harmed thereby. His Robinson hearing testimony did not identify a particular alleged defect of the tractor’s fuel system that he concluded was the source of a diesel fuel leak that initiated the fire.
On cross-examination he testified that he had read and relied on “over 5,000” studies on the subject of the causes of post-collision fuel-fed fires. He did not specify any studies that supported his conclusion as to the specifics involved in the accident, and none were offered as evidence for the trial court to consider in evaluating his testimony.
In coming to his conclusion that the fire began with the fuel system and battery system of the tractor, Elwell asserted that he relied on several specific factors and facts. Each of the factors and facts he enumerated supported conclusions that Tamez was burned by diesel and that the diesel ignited so quickly that Tamez could not escape.
Even assuming that what Elwell relied on and classified as “factors” and “facts” were true, however, which Mack denies, the factors and facts are merely consistent with diesel fuel having been released during the rollover and Tamez having been burned by part of the fire fed by the tractor’s diesel fuel. They are not probative evidence that diesel fuel was released because of one of the asserted defects in the fuel system or that it was ignited by the battery system. He did not testify to having analyzed, tested, or investigated the characteristics of batteries like the battery in the wrecked tractor to support his[*581] opinion that the battery system was involved in causing the fire. He failed to set out any process by which he excluded other sources for ignition of the diesel fuel such as mechanical sparks which could be generated when parts of a truck make contact with the pavement, or ignition of the cargo fuel which in turn could have ignited the diesel fuel. See Gammill, 972 S.W.2d at 728; see also Robinson, 923 S.W.2d at 559 (noting that an expert who is trying to find a cause of something should carefully consider alternative causes). For example, when Elwell was asked during the Robinson hearing why he concluded that the fire originated with the fuel and battery systems instead of with the crude oil cargo, his response was that “if [crude oil] remains to be burned, that after five or ten or fifteen minutes, then that’s not the fuel that started the fire.” He did not explain any investigation or research that supported such a conclusion. He did not elaborate on the amount of crude that was in the trailer when the wreck occurred, calculate the amount of time it would take the cargo to burn, or discuss or compare the relative ease of ignition or flash points of the crude and diesel fuel. He did not address any analysis or process by which he concluded that some part of a trader of crude oil would continue to burn for several minutes only if it was ignited by, rather than being the ignitor of, diesel fuel from the tractor’s fuel system.
In sum, Elwell did not testify at the Robinson hearing to a methodology by which he reached the conclusions as to the fire having been caused by defects in the tractor’s fuel and battery systems. In order for Elwell’s testimony on causation to be reliable, he was required to present some methodology that reliably supported his opinions that the “fuel” and “ignition” parts of the fire triangle were supplied, respectively, by the tractor’s alleged fuel system defects and battery system. He did not do so. The mere fact that the fuel system had a design that could cause the hoses to separate is not evidence that the hoses separated in this case.
Elwell’s testimony did no more than set out “factors” and “facts” which were consistent with his opinions, then conclude that the fire began with diesel fuel from the tractor. The reliability inquiry as to expert testimony does not ask whether the expert’s conclusions appear to be correct; it asks whether the methodology and analysis used to reach those conclusions is reliable. Kerr-McGee Corp. v. Helton, 133 S.W.3d 245, 254 (Tex.2004). The trial court was not required to accept his opinions at face value just because Elwell was experienced in examining post-collision fuel-fed fires. See Gammill, 972 S.W.2d at 726 (holding that a court should not admit opinion evidence which is connected to existing data only by the ipse dixit of the expert).
We conclude that the trial court did not abuse its discretion when it excluded El-well’s testimony on causation. The court of appeals erred when it determined otherwise.
IY. The Summary Judgment
Mack moved for summary judgment on multiple grounds, including the ground that there was no evidence Mack’s fuel system design was a producing or proximate cause of Tamez’s injuries. The Ta-mezes contend that even without Elwell’s testimony as to causation, they presented sufficient evidence to survive summary judgment.
A. Standard of Review
A summary judgment motion pursuant to Tex. R. Crv. P. 166a(i) is essentially a motion for a pretrial directed verdict. See [*582] Merrell Dow Pharms., Inc. v. Havner, 953 S.W.2d 706, 711 (Tex.1997). Once such a motion is filed, the burden shifts to the nonmoving party to present evidence raising an issue of material fact as to the elements specified in the motion. Id.; W. Invs., Inc. v. Urena, 162 S.W.3d 547, 550 (Tex.2005). We review the evidence presented by the motion and response in the light most favorable to the party against whom the summary judgment was rendered, crediting evidence favorable to that party if reasonable jurors could, and disregarding contrary evidence unless reasonable jurors could not. See City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex.2005); Johnson v. Brewer & Pritchard, P. C., 73 S.W.3d 193, 208 (Tex.2002).
B. Causation
Producing or proximate cause is an element of all of the Tamezes’ claims, which included negligence, misrepresentation, breach of warranty, and design, manufacturing, and marketing defects. Causation-in-fact is common to both proximate and producing cause, including the requirement that the defendant’s conduct or product be a substantial factor in bringing about the injuries in question. See Union Pump Co. v. Allbritton, 898 S.W.2d 773, 775 (Tex.1995).
All the Tamezes’ theories regarding the fire’s cause were based on allegations that the tractor’s fuel system was defectively designed and manufactured so as to be unreasonably prone to fail and release flammable fluids in an environment conducive to ignition and fire; that such defects caused the release of diesel fuel; and that a defectively designed and placed ignition source then caused ignition of the released diesel.
To survive summary judgment on their theory that a defect in the tractor’s fuel system was the cause of the fire, the Tamezes were required to present more than evidence of a fuel leak. See Ford Motor Co. v. Ridgway, 135 S.W.3d 598, 600-01 (Tex.2004) (affirming summary judgment because the plaintiffs’ evidence “establishe[d] only that a fire occurred, and [the plaintiffs’ expert] could say no more than that he ‘suspects’ the electrical system caused the fire”). They had to present evidence that (1) the diesel fuel leaked because of one or more of the alleged defects, and (2) the leak caused by the defect was the ignition point for the fire. See Iracheta, 161 S.W.3d at 470 (holding that the possibility that the fire occurred in the manner the plaintiff suggested is not enough to support the jury’s findings); Nissan Motor Co. v. Armstrong, 145 S.W.3d 131, 137 (Tex.2004).
The Tamezes point to several parts of their summary judgment evidence that they say are sufficient, individually or collectively, to defeat summary judgment: (1) an accident witness’s “personal assumption,” based on his averred experience with and ability to recognize the smell of diesel fuel, that Tamez was burned by diesel fuel because Tamez was coated with a shiny, oily substance and did not smell like crude oil; (2) a notation by Mack’s accident reconstruction expert noting a diesel fuel spill on the road; (3) a statement by El-well that the design of the system was such that if there was any significant dis-lodgement of the fuel tanks, the fuel line would separate; [8] (4) a statement by Mack’s expert witness that it was possible that a battery cable found in the tractor had arced and ignited the fire, although[*583] the witness ultimately concluded that the crude-oil cargo caused the fire; and (5) an eyewitness’s statement implying that it took the fire a short period of time to reach Tamez, who exited and crawled away from the tractor after the accident.
Proof other than expert testimony will constitute some evidence of causation only when a layperson’s general experience and common understanding would enable the layperson to determine from the evidence, with reasonable probability, the causal relationship between the event and the condition. Expert testimony is required when an issue involves matters beyond jurors’ common understanding. See Alexander v. Turtur & Assocs., 146 S.W.3d 113, 119-20 (Tex.2004). Whether expert testimony is necessary to prove a matter or theory is a question of law. See FFE Transp. Servs., Inc. v. Fulgham, 154 S.W.3d 84, 89 (Tex.2004). In Fulgham we held that expert testimony was necessary to establish the standard of care for connecting refrigerated trailers to tractors and for the frequency and type of inspection and maintenance of such connectors, because those matters were not within the general experience and common understanding of laypersons. Id. at 91; See also Turbines, Inc. v. Dardis, 1 S.W.3d 726, 738 (Tex.App.-Amarillo 1999, pet. denied) (holding that performance of mechanical work on turbine aircraft engines is not within the experience of a layperson).
A lay juror’s general experience and common knowledge do not extend to whether design defects such as those alleged in this case caused releases of diesel fuel during a rollover accident. See Nissan Motor Co., 145 S.W.3d at 137 (stating that we have consistently required competent expert testimony and objective proof that a defect caused the condition complained of). Nor would a lay juror’s general experience and common knowledge extend to determining which of the fire triangle’s fuel sources, diesel from the tractor or crude from the tanker, would have first ignited, or the source for the first ignition. That part of Elwell’s testimony that was properly before the trial court and the testimony of other experts as to the amount of time they spent in studying, investigating, and working in the field of post-collision, fuel-fed fires demonstrated the intricacies of such subject matter. Issues such as those regarding the fire’s cause(s) present matters beyond the general understanding and common knowledge of lay jurors. Proof of causation in this case also required expert testimony.
The summary judgment evidence presented by the Tamezes did not contain proof that any of the possible sources of diesel fuel was more likely than any other, or more likely than the crude oil cargo, to have been the source of liquids that first caught fire. Accordingly, there is no evidence that the source was one of the alleged fuel system defects. Kindred v. Con/Chem, Inc., 650 S.W.2d 61, 63 (Tex.1983).
The Tamezes also alleged that several ignition sources were located in areas likely to contain diesel that would be released in a wreck. The Tamezes point to expert testimony that an arced battery cable found in the tractor could possibly have ignited the fire. But, testimony that the battery or its cable could possibly have ignited the fire is not evidence that it probably did so. The expert who provided this testimony could not determine whether the cable arced before the fire was ignited or as it was being burned by an otherwise-ignited fire. As proof of what caused the fire, such evidence is speculative and is insufficient to prevent summary judgment. See Wal-Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934, 936 (Tex.1998).
[*584] The plaintiffs also rely on circumstantial evidence suggesting that the fire quickly reached Tamez. That evidence is consistent with the Tamezes’ theory that the fire originated with fuel from the tractor’s diesel fuel system. But, such evidence does not make it more likely than not that the battery or some other allegedly improperly located ignition source ignited diesel from the tractor, as opposed to other possible sources of ignition such as the cargo of crude oil. Accordingly, the circumstantial evidence is not sufficient to prevent summary judgment. Id.
V. Conclusion
The plaintiffs produced no evidence that the alleged defects of the Mack tractor were a cause-in-faet of injuries to Abram Tamez. Because causation is a required element of each of the Tamezes’ claims, the trial court properly granted summary judgment. Accordingly, we reverse the court of appeals’ judgment and render judgment that the plaintiffs take nothing.
. Elizabeth Tamez filed suit. Elsa Guerrero, Rosendo Tamez, Sr., Dora Tamez, Rosa Elvia Gonzales, Donna Kim Cantu, and Terrie L. Zay intervened. Rosa subsequently nonsuit-ed. For ease of reference all the claimants will be referred to collectively as "the Ta-mezes” or "the plaintiffs.”
. Other defendants were Fruehauf Trailer Corporation, Norco Crude Gathering, Inc., Glitsch Canada, Ltd., and Snyder Tank Corp. The claims against those defendants were either nonsuited or settled and were severed from the claims against Mack.
. E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549 (Tex.1995).
. An offer of proof is sometimes referred to as a bill of exceptions. See Tex.R. Evid. 103(a)(2); Tex.R.App. P. 33 (comment to 1997 change). As the court of appeals and the parties refer to the offer of proof in this case as a bill of exceptions, we will, also.
.After Elwell's expert testimony was excluded by the trial court, the Tamezes obtained testimony from another expert witness, Douglas Holmes. Mack moved to exclude Holmes's testimony, and the trial court orally granted the motion. The court of appeals upheld the exclusion of Holmes’s testimony. 100 S.W.3d 549, 559. The Tamezes do not challenge the court of appeals’ ruling as to Holmes.
. Id. (identifying the following considerations regarding reliability of scientific testimony: (1) the extent to which the theory has been or can be tested; (2) the extent to which the technique relies upon the subjective interpretation of the expert; (3) whether the theory has been subjected to peer review and/or publication; (4) the technique's potential rate of error; (5) whether the underlying theory or technique has been generally accepted as valid by the relevant scientific community; and (6) the non-judicial uses that have been made of the theory or technique).
. The record is not clear whether the tractor ' had one battery or two.
. Elwell’s testimony on design defect, as opposed to his testimony on causation, was not excluded.