Hegge & Confusione Wins Texas Appeal in TAT Express v. BlueGrace, LLC

The Firm represented TAT Express, a semi-truck repair shop in Dallas that lost at trial and had a substantial monetary judgment entered against it. Hegge & Confusione persuaded the Fifth Court of Appeals that the trial judge had misapplied governing Texas law in several respects, warranting vacation of the lost-profit damages, which constituted nearly the entire measure of damages the jury awarded.

This appeal highlights a recurring theme in Texas litigation involving equipment failures and in civil litigation in general: expert testimony is required to prove the cause of a mechanical failure and the resulting harms claimed by a plaintiff. In this case, the appellate court agreed with Hegge & Confusione that BlueGrace had failed to present that required expert testimony at trial and, without it, the jury’s substantial lost profits award could not stand. The court’s opinion stresses again that a plaintiff seeking lost profit or other claimed consequential damages cannot rely on mere timing or speculation to prove proximate causation.

Contact Hegge & Confusione, LLC

TAT Express v. BlueGrace, LLC illustrates again the importance of the appeals process. Hegge & Confusione is dedicated to appellate practice. Our attorneys have decades of appellate experience and have represented hundreds of appellate clients in many jurisdictions. Contact Hegge & Confusione today for an assessment of your case.