Factual sufficiency and a chance to win valuable merchandise

As my LPCH colleague John Adams and I have observed, whether factual sufficiency review will return to life in months ahead remains to be seen. A recent factual sufficiency challenge to the trial court’s allocation of responsibility in an auto accident case failed, however, in part because even in a factual sufficiency review: “The fact finder is the sole judge of the witness’ credibility, and may choose to believe one witness over another, and a reviewing court may not impose its own opinion to the contrary.” Cedacero-Guamancela v. Sustaita-Salazar, 05-18-00083-CV (Jan. 23, 2019) (mem. op.) (citations omitted). (Valuable 600Commerce merchandise will be given to anyone who guesses why the above bird is the illustration for this blog post.)