Summary
The Fifth Circuit held that a jury's zero damages awards for physical pain, mental anguish, and loss of household services were unsupported by the undisputed evidence of injuries sustained in an automobile collision. The court affirmed the liability determination but reversed and remanded for a new trial limited to damages.
Holdings
- Under Texas law, when undisputed evidence establishes an injury with resulting pain and suffering, a jury's award of zero damages is so against the great weight and preponderance of the evidence as to be clearly wrong and manifestly unjust, requiring reversal.
- The zero finding for Judy McKinzie's loss of household services could not stand where the undisputed evidence showed that her injuries impaired her ability to perform household work.
Questions Presented
- Whether the jury's zero-dollar findings for Judy McKinzie's and Stuart McKinzie's physical pain and mental anguish were so against the great weight and preponderance of the evidence as to require a new trial on damages.
- Whether the jury's zero-dollar finding for Judy McKinzie's past and future loss of household services was supported by the evidence.
Disposition
reversed_and_remanded
Cases Cited (8)
- Givens v. Lederle, 556 F.2d 1341 (5th Cir. 1977)(followed)
- Vidrine v. Kansas City Southern Ry. Co., 466 F.2d 1217 (5th Cir. 1972)(followed)
- Rosiello v. Sellman, 354 F.2d 219 (5th Cir. 1965)(followed)
- Whiteman v. Pitrie, 220 F.2d 914 (5th Cir. 1955)(followed)
- Dupree v. Blackmon, 481 S.W.2d 216 (Tex. Civ. App.—Beaumont 1972, writ ref'd n.r.e.)(followed)
- Bittick v. Ward, 448 S.W.2d 174 (Tex. Civ. App.—Beaumont 1969, writ ref'd n.r.e.)(followed)
- Bazzano v. Ware, 530 S.W.2d 650 (Tex. Civ. App.—Beaumont 1975, writ ref'd n.r.e.)(followed)
- Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York, 431 F.2d 409 (5th Cir. 1970)(related procedural authority)
Cited In (0)
No citing cases on record yet.
Court Document
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