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Osvanis Lozada & Tels, Inc. v. Posada

Case No. 23-1015

Key Issues

Factual History

Cesar Posada crashed his tractor-trailer into Osvanis Lozada's tractor-trailer, which was jackknifed across both lanes of Interstate 10 in foggy conditions. Lozada, a driver for TELS, Inc., testified he was traveling in the left lane about 72 miles per hour, under the speed limit, when his new right front tire separated from the rim and lost air very fast, pulling him to the right and causing the truck to jackknife before Posada, who was traveling in the left lane, hit him.1

Sources
  1. Opinion, PDF pp. 2-3, 6-7 ↩

Procedural History

Posada sued Lozada in El Paso County for negligence and negligence per se and TELS for vicarious liability. After discovery Lozada and TELS filed no-evidence motions for summary judgment on breach and proximate cause; Posada responded with excerpts of Lozada's deposition and two photographs, and the trial court granted the motions. A divided Eighth Court of Appeals reversed, holding a jury could find Lozada breached his duty because his truck blocked both lanes (2023 WL 5671449). The Court decided the petition per curiam without oral argument.1

Petition for review from the Eighth Court of Appeals after a no-evidence summary judgment; decided per curiam without oral argument under Rules 59.1 and 60.2(c).2

Sources
  1. Opinion, PDF pp. 2-4, 13 ↩
  2. Opinion, PDF pp. 1, 13 ↩

Issues Presented

Whether Posada produced more than a scintilla of evidence that Lozada breached his duty of care or caused the collision.1

Sources
  1. Opinion, PDF pp. 1, 5 ↩

Standard(s) of Review

A no-evidence motion is sustained when there is a complete absence of evidence of a vital fact or no more than a scintilla, viewing the evidence in the light most favorable to the nonmovant.1

Sources
  1. Opinion, PDF pp. 3, 5 ↩

Legal Arguments

Lozada and TELS (Petitioners): there is no evidence Lozada acted negligently in responding to a sudden tire failure.

Posada (Respondent): Lozada's testimony and the photographs raise fact issues, credibility is for the jury, and Lozada had to file a traditional motion because he offered an explanation for his conduct.1

Sources
  1. Opinion, PDF pp. 3, 10-11 ↩

Stated Reasons the Court Should Take the Case

Not applicable to the Court's decision; the opinion does not recite the petition's cert-worthiness arguments.

Amicus Involvement

None noted

Summary of Opinion

Holding

Posada failed to produce more than a scintilla of evidence of breach for either negligence or negligence per se, so the summary judgment for Lozada and TELS is reinstated.1

Reasoning

Lozada owed a common-law duty of reasonable care and statutory duties concerning speed and stopping on the roadway, but the record showed him driving safely under the limit when his tire rapidly and unexpectedly lost air, and no evidence suggested he reacted negligently, what speed would have been prudent, or that he should have moved the truck before Posada hit it. Res ipsa loquitur applies only rarely and Posada conceded it was not at issue; Restatement commentary confirms that a tire blowout alone does not show negligence. Rule 166a(c) permits summary judgment on uncontroverted interested-witness testimony that could have been readily controverted, and Posada could have offered photographs, other witnesses or an expert. The burden of proving no unavoidable accident or excuse is the plaintiff's, so a no-evidence motion was proper, and because Lozada was not negligent TELS is not vicariously liable.2

Disposition

Court of appeals' judgment reversed and trial court's judgment dismissing Posada's claims with prejudice reinstated.3

Vote Breakdown

Per curiam opinion.4

Sources
  1. Opinion, PDF pp. 7-9, 13 ↩
  2. Opinion, PDF pp. 5-13 ↩
  3. Opinion, PDF p. 13 ↩
  4. Opinion, PDF p. 1 ↩

The Docket

The following is current as of October 9, 2026.

DateEvent
06/21/2024Brief on the Merits Ordered
06/20/2025Opinion issued
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Per Curiam Opinion
09/05/2025Motion for Rehearing - Disposed
09/05/2025Mandate issued
Full case docket for 23-1015search.txcourts.gov →