City of Keller v. Wilson
- Court
- Texas Supreme Court
- Decided
- June 10, 2005
- Docket
- 02-1012
- Status
- Published
- Jurisdiction
- Texas
Cited 10,088 timesNo negative treatment found in this library
What later courts said
- holding that, in conducting a legal sufficiency review, we must consider evidence favorable to the finding if a reasonable factfinder could — Hawkins v. Walker (2007)
- holding that a reviewing court "must credit favorable evidence if reasonable jurors could and disregard contrary evidence unless reasonable jurors could not" — Debra C. Gunn, M.D., Obstetrical and Gynecological Associates, P.A., and Obstetrical and Gynecological Associates P.L.L.C. v. Andre McCoy, as Permanent Guardian of Shannon Miles McCoy, an Incapacitated Person (2018)
- holding that we assume that jurors decided questions of credibility or conflicting evidence in favor of finding if they reasonably could do so — Hot-Hed, Inc. v. Safehouse Habitats (Scotland), Ltd. (2011)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice BRISTER delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice WAINWRIGHT, and Justice GREEN joined, and in which Justice O’NEILL and Justice MEDINA joined as to Parts I through IV.
Must an appellate court reviewing a verdict for legal sufficiency start by considering all the evidence or only part? Over the years, we have stated both as the proper scope of review. While some see the standards as opposing, we disagree; like a glass that is half-full or half-empty, both arrive at the same point regardless of where they start.
But both standards must be properly applied. Rules and reason sometimes compel that evidence must be credited or discarded whether it supports a verdict or contradicts it. Under either scope of review, appellate courts must view the evidence in the light favorable to the verdict, crediting favorable evidence if reasonable jurors could, and disregarding contrary evidence unless reasonable jurors could not. As we find the evidence here meets neither standard, we reverse.
Cite this
City of Keller v. Wilson, 168 S.W.3d 802 (2005)Read the full opinion
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