# Moore v. Lillebo

> Texas Court of Appeals, 8th District (El Paso) · September 5, 1984 · 674 S.W.2d 474

URL: https://www.frixlaw.com/law-library/cases/9775788

## Case

- **Full name:** Fred S. MOORE and Martha Theaker, Appellants, v. Douglas Stephen LILLEBO, Appellee
- **Court:** Texas Court of Appeals, 8th District (El Paso)
- **Decided:** September 5, 1984
- **Citations:** 674 S.W.2d 474
- **Precedential status:** Published
- **Opinion:** Dissent by Preslar
- **Judges:** Preslar, Ward, Osborn
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Moore v. Lillebo, 29 Tex. Sup. Ct. J. 513 (1986).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9775788

## Opinion text

STEPHEN F. PRESLAR, Chief Justice,
dissenting.
I respectfully dissent on the basis that the Appellants were entitled to a submission of issues as to their damages for the loss of companionship and society and for mental anguish resulting from the death of their son. I agree with the majority that there is no evidence raising the issue of conscious pain and suffering.
As noted by the discussion of the evidence, it is meager, but it does raise fact issues sufficient to require submission to the jury. The rule is that the trial court may not refuse to submit an issue because of the factual insufficiency of the evidence to support an answer thereto. Wenzel v. Rollins Motor Co., 598 S.W.2d 895, 902 (Tex.Civ.App.—El Paso 1980, writ ref’d n.r. e.); Volkswagen of America, Inc. v. Licht, 544 S.W.2d 442 (Tex.Civ.App.—El Paso 1976, no writ); Eddleman v. Scalco, 484 S.W.2d 122, 124 (Tex.Civ.App.—Beaumont 1972, writ ref’d n.r.e.). If there is some evidence raising an issue, the trial court is required to submit it even though the evidence may be insufficient to support an affirmative answer. Wenzel v. Rollins Motor Co. and Volkswagen of America, Inc. v. Licht, supra.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9775788. Public record. Not legal advice.