Ambrosio Longoria v. Hunter Express, Limited, et al.

Summary

In this diversity personal injury appeal, the Fifth Circuit clarified that state law governs the threshold excessiveness determination, while the federal maximum recovery rule guides the amount of remittitur. The court vacated a $140,000 future mental anguish award for insufficient evidence under Texas law, which requires a "substantial disruption" in daily routine, and vacated a $1 million future pain award as excessive, remanding for remittitur. The court also held that a challenge to damages as excessive is distinct from a sufficiency challenge, and failing to raise the excessiveness argument in a new trial motion forfeits it on appeal.

Holdings

1. Defendants forfeited these challenges because they did not argue excessiveness of those awards in their motion for new trial.
2. The award is excessive under both Texas law and the federal maximum recovery rule, and it is vacated and remanded for remittitur.
3. The award is not supported by evidence and is vacated in full.

Questions Presented

1. Do the defendants face forfeiture of challenges to the past mental anguish and future physical impairment awards because they did not raise them in the district court?
2. Whether the $1 million award for future physical pain is excessive?
3. Whether the $140,000 award for future mental anguish is supported by evidence?

Disposition

affirmed in part, vacated in part, remanded in part