Glover v. Davis

Rule of Law:

Under the Texas simultaneous death statute, 'direct evidence' of survivorship requires a higher degree of proof than mere layperson testimony about the appearance of death. This standard is not met by observational evidence alone, but requires strong evidence based on medically accepted tests for determining death, such as checking for a pulse, heartbeat, or breathing.

Facts:

• Weldon M. Glover, his wife, and his two daughters, including Betty Lou Glover, were involved in a severe car accident around midnight when their vehicle crashed into a parked truck.
• A filling station operator, T. A. Cariker, arrived at the scene and, using a flashlight, observed Weldon M. Glover lying back relaxed with no signs of movement or breathing.
• Cariker then observed Betty Lou in the back seat, gasping for breath with her chest moving, for approximately ten minutes.
• A funeral director, Morris Morrison, arrived and also observed Betty Lou breathing and gurgling, but saw no signs of life from Weldon Glover.
• Neither Cariker nor Morrison physically touched or performed any medical examination on Weldon Glover, such as checking for a pulse or heartbeat, before Betty Lou stopped breathing.
• A physician, Dr. Richardson, later testified that it was possible for Weldon Glover to have had a heartbeat and faint breathing for several minutes after the collision without any outward signs visible to a casual observer.

Procedural Posture:

• The dispute over life insurance proceeds, hinging on whether Betty Lou Glover survived her father Weldon M. Glover, was brought before a Texas trial court.
• The trial court, sitting without a jury, found that Betty Lou Glover did survive her father.
• The alternative beneficiaries named in the insurance policy appealed the trial court's decision.
• The Court of Civil Appeals at Amarillo affirmed the judgment of the trial court.
• The petitioners (alternative beneficiaries) were granted review by the Supreme Court of Texas.