BMC West Corporation a/k/a BMC West, LLC and Julian Noe Silva v. Martha Karlson, as Independent Administrator of the Estate of Joyce Angela Williams, Deceased

Summary

The Texas Court of Appeals, Third District, affirmed portions of a probate-court judgment concerning the jury’s finding that Joyce Angela Williams suffered compensable mental anguish and its failure to find gross negligence by Julian Noe Silva. It reversed and rendered judgment that Martha Karlson take nothing on her direct-negligence claims against BMC West Corporation and reversed and remanded for a new trial on claims for physical-pain and mental-anguish damages. The court issued a separate concurring and dissenting opinion.

Holdings

1. There was no reversible error in those portions of the judgment, so they were affirmed.
2. Karlson takes nothing on her direct-negligence allegations against BMC West Corporation.
3. The case was remanded for a new trial consistent with the opinion on Karlson's claims for physical-pain and mental-anguish damages.

Questions Presented

1. Whether the portions of the trial court's judgment embodying the jury's finding of compensable mental anguish and failure to find gross negligence by Julian Noe Silva contained reversible error.
2. Whether the remaining liability and damages portions of the trial court's judgment contained reversible error.
3. Whether Martha Karlson could recover on her direct-negligence allegations against BMC West Corporation.
4. Whether a new trial was required on claims for physical-pain and mental-anguish damages.

Disposition

other