Nabors Well Services, Ltd. v. Romero

456 S.W.3d 553 · Texas Supreme Court · 2015

Facts

A collision between a transport truck and a Suburban in rural West Texas resulted in one fatality and multiple injuries. The defendant, Nabors, sought to introduce evidence that the Suburban occupants' failure to use seat belts caused or exacerbated their injuries, but the trial court excluded this evidence based on prior precedent. The jury found Nabors 51% responsible and the Suburban driver 49% responsible, and the court of appeals affirmed.

Issue

Is relevant evidence of a plaintiff's failure to use a seat belt admissible for the purpose of apportioning responsibility in civil lawsuits under Texas's proportionate-responsibility statute, or does the long-standing prohibition against such evidence still stand?

Holding

The Texas Supreme Court overruled its prior precedent (Carnation Co. v. Wong) and held that relevant evidence of seat belt use or nonuse is admissible for apportioning responsibility in civil lawsuits. The court reversed the court of appeals' judgment and remanded the case.

Rule

Relevant evidence of a plaintiff's pre-occurrence, injury-causing conduct, such as the use or nonuse of seat belts, is admissible for the purpose of apportioning responsibility under the proportionate-responsibility statute, provided that the conduct caused or contributed to the plaintiff's damages.

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Case brief last reviewed 2026-01-16. Prepared by CaseReader from the published opinion.