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Carreiro v. Wiley
976 S.W.2d 829, Tex.App.--Houston (1st Dist.), TX, 06/18/1998
Category
Topic
Filename
Crime Homicide 
Location Residence 
Prevailing Party Plaintiff 
Other Parties
Holding

Statement of Facts: In the summer of 1992, Kynara Carriero, 7, and Kristin Wiley, 10, were murdered by Rex Mays at the Wileys' house. Edward and Rebecca Wiley ("Wileys") had left their 14-year old son, Jeromy, in charge, giving him instructions to keep all the doors and windows locked, report every hour, and to make sure his sister was not left alone. Jeromy left the house, leaving the front door unlocked and the two girls inside alone when Mays entered and murdered them. Kynara's father, Robert Carreiro, brought a wrongful death and survival suit against the Wileys for breaching their duty of care to Kynara, and Jeromy for negligent performance of duties. The defendants moved for summary judgment, arguing that Mays' actions were the proximate cause of Kynara's death. The trial court granted the defendants' motion. Carreiro appealed. Holding: The Court of Appeals of Texas, Houston (1st Dist.), reversed the defendants' motion for summary judgment and remanded the matter. The defendants failed to prove that Mays' violent act was not the foreseeable result of their failure to properly supervise Kynara and Kristin. Furthermore, while they argued that Mays' acts were a superseding cause, they never stated in the motion that their negligence was not a cause of Kynara's death or that the injury was not foreseeable. Thus, it must be assumed that they were indeed negligent and they could have foreseen the criminal act. 


Damage Award none 
Victim's Counsel     
Plaintiff's Counsel Gregory A. Stewart, Houston 
Plaintiff's Expert      
Defense Counsel Peter M. Kelly, Brian M. Chandler, Houston 
Defense Expert

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