Goose Creek Consolidated Independent School District of Chabers v. Jarrar's Plumbing, Inc.

Loss of use is only recoverable in tort when the loss is accompanied by a claim for either personal injury or damage to the property of the one claiming the loss of use.

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OPINION

Both the plaintiff, Goose Creek Consolidated Independent School District of Chambers and Harris Counties, Texas, and the defendant, Jarrar’s Plumbing, Inc., appeal the trial court’s judgment regarding claims for injuries Goose Creek sustained arising out of the work Jarrar’s Plumbing performed as a subcontractor in constructing three elementary schools.

Goose Creek contends the trial court erred by rendering partial summary judgment in favor of Jarrar’s Plumbing. Goose Creek further contends the court erred by placing the burden of allocating the settlement damages on Goose Creek instead of on Jarrar’s Plumbing before applying the credit to the jury’s verdict, by refusing to consider Goose Creek’s extrinsic evidence on that issue, or by failing to find that Goose Creek met the burden to establish that none of the settlement funds were attributable to common damages for which appellee would be jointly responsible, regardless of who had the burden of allocation, and by crediting the settlement funds received in compensation for separate damages against the jury’s verdict, and by rendering a take-nothing judgment.

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Goose Creek Consolidated Independent School District of Chabers v. Jarrar's Plumbing, Inc.

Loss of use is only recoverable in tort when the loss is accompanied by a claim for either personal injury or damage to the property of the one claiming the loss of use.

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