Andrew K. Lofton, Petitioner v. Texas Brine Corporation, Respondents

Summary

The Texas Supreme Court reversed the Court of Appeals' finding that the evidence was insufficient to support a proximate cause finding against the truck driver and remanded for further consideration applying the correct legal standard. The Court held that the appellate court may not substitute its judgment for the finder of fact and lacks jurisdiction to review factual sufficiency under Article V, §6 of the Texas Constitution. The Court also affirmed that only the general danger need be foreseeable for proximate cause. Two dissenting opinions argued that the majority improperly second‑guessed the appellate court's conclusive determination.