Gonzales v. Shing Wai Brass and Metal Wares Factory Ltd.

Attaching entire documents to a motion for summary judgment or to a response and referencing them only generally does not relieve the party of pointing out to the trial court where in the documents the issues set forth in the motion or response are raised.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Janie and Jesse Gonzales purchased a lamp from Tuesday Morning Inc. The lamp was manufactured by Shing Wai Brass and Metal Wares Factory Ltd. In October 2001, a fire occurred in the Gonzales home, allegedly because of the lamp’s malfunction. State Farm Lloyds paid the Gonzaleses’ insurance claim, and filed the underlying subrogation suit against Shing Wai and Tuesday Morning Inc. State Farm alleged the lamp was defectively designed, manufactured or marketed, and State Farm brought claims based on negligence, strict liability and breach of warranty. The Gonzaleses intervened because they incurred a loss in excess of the amount paid to them under their insurance policy with State Farm. Tuesday Morning Inc. was nonsuited. Approximately one year after suit was filed, Shing Wai filed its no-evidence motion for summary judgment, alleging 1. there is no evidence of a defect in the lamp; and 2. there is no evidence to substantiate plaintiffs’ damages or to support the claim that any damages were caused by an allegedly defective condition in the lamp. In its first ground for summary judgment, Shing Wai alleged that “Plaintiffs’ experts merely make factual observations about the fire without lending any credence to Plaintiffs’ defect claims.” In response, State Farm submitted various affidavits and a damage itemization. State Farm contended its expert reports “clearly establish that the Lamp that forms the basis of this lawsuit was defective.” State Farm then cited generally to two exhibits, but failed to reference a single page in the exhibits, which comprise approximately 114 pages in the record. State Farm continued its response with the following statement: “If the Defendant had any question about Plaintiffs’ experts’ opinions, impressions, and/or conclusions, it should have addressed those questions in a deposition, not through a No Evidence Motion for Summary Judgment. However, in an abundance of caution, Plaintiff has attached the affidavit of Lloyd D. Young . . . as further proof of the defective Lamp.” Again, State Farm merely cited to the affidavit, without any page references. This affidavit and the accompanying report comprise approximately 56 pages in the record. State Farm’s evidence on damages, again with only a citation to an exhibit and the itemization, comprises 669 pages of the record. The trial court granted Shing Wai’s motion for summary judgment. HOLDING:Affirmed. When presenting summary-judgment proof, a party must specifically identify the supporting proof on file that it seeks to have considered by the trial court. Attaching entire documents to a motion for summary judgment or to a response and referencing them only generally does not relieve the party of pointing out to the trial court where in the documents the issues set forth in the motion or response are raised. Young’s affidavit, cover letter and exhibit are the only evidence of an alleged defect. Although State Farm referred only generally to its summary judgment proof, after reviewing the record the court concludes that Young did not provide the underlying facts to support his conclusion. Instead, the only evidence of an alleged defect is Young’s statements that “an electrical failure occurred at the socket base/switch assembly” and “the fire resulted from a resistive heating failure at the lamp socket/switch assembly terminal screws to which the lamp cord is attached.” These statements are conclusory, the court finds, and constitute no evidence. The court holds the trial court did not err in rendering summary judgment in favor of Shing Wai. OPINION:Marion, J.; Duncan, Angelini and Marion, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Trending Stories

 

Featured Product

Global Briefing

A weekly, curated selection of our international content from around the globe, across the business of law, in-house, regulatory, technology and more, with expert insights from our senior editors.

Learn More

More from ALM

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Privacy Policy

About Us / Contact Us / Site Map / Advertise With Us/ Customer Service / Terms of Service/ FAQ / Privacy Policy

Publications

Law Topics

Rankings

More

Law.com

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.