Extreme Tactics and Training Solutions, LLC operates a shooting range in Waxahachie with 28 bays and long-distance rifle ranges. Robert Garcia, who lives about 1.8 miles away, said that around May 20, 2020, he heard a bullet ricochet and found a bullet impact on his pickup, and sued the range to enjoin its operation and for damages under a nuisance theory and chapter 128.¹

The trial court held Garcia's expert report, the affidavit of Richard Whiting, was not a good-faith effort because it did not address causation, and the Thirteenth Court of Appeals (Corpus Christi-Edinburg) reversed (704 S.W.3d 828). The range petitioned for review on January 8, 2025; the parties then settled, and on May 16, 2025 the Court granted their joint motion in part.

Petition for review from the Thirteenth Court of Appeals in a gun-range suit; disposed under Rule 56.3 on a joint motion pursuant to settlement (May 16, 2025 orders). See the concurring opinion issued in No. 24-0206, Megatel C90-2, Inc. v. Bank of Utah.

Whether the court of appeals erred in treating an expert report that failed to address causation as a good-faith effort, creating a conflict with other courts of appeals, and whether it erred in overturning the trial court's discretionary ruling.¹

Extreme Tactics (Petitioner): a chapter 128 report must address the standard of care, breach and causation, and the Whiting report did not address causation.

Garcia (Respondent): his expert report complied with the statute, and any doubt should be resolved by allowing time to cure.¹

Not applicable; the case ended on a motion.

None noted