Fernandez v. Kiesling
Appellant, Mrs. Shirley Fernandez, joined by her husband, filed a lawsuit against Appellee, Mrs. Vivian F. Kiesling, for personal injuries resulting from a car accident. Mrs. Fernandez was a passenger in Mrs. Kiesling's car, which collided with a parked vehicle. The jury found Mrs. Kiesling negligent but also determined that Mrs. Fernandez was a 'guest' under the Texas Guest Statute, leading to a take-nothing judgment. Mrs. Fernandez appealed, arguing she was a passenger for hire, that the jury instruction regarding 'payment or agreement to pay a share of operating expenses' was a comment on the evidence, and that the instruction requiring payment to be 'the motivating cause' instead of 'a motivating cause' was erroneous. The appellate court affirmed the trial court's judgment, upholding the precedent that a tangible benefit must be 'the motivating influence' for furnishing transportation to remove a passenger from the Guest Statute's provisions.