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Walker v. Ricks3/20/2003
Appellant, Lois Bernice Walker ("Walker"), appeals from the trial court's order granting the motion for judgment notwithstanding the verdict of appellee, Catherine Ricks ("Catherine"). By a single issue, Walker contends the trial court erred in granting Catherine's motion after a second consecutive jury returned a verdict of zero damages. In a single cross-point, appellees, Catherine and William Ricks ("William"), contend the jury's failure to award any money damages to Catherine for past medical care, past physical pain and suffering, past mental anguish, and past physical impairment is against the great weight and preponderance of the evidence and is clearly wrong and unjust. We reverse the trial court's order granting Catherine's motion for judgment notwithstanding the verdict and render judgment in accordance with the jury's verdict.
A. Background and Procedural History
On November 17, 1995, Walker was traveling westbound on Ridge Road in McAllen, approaching the intersection of Savannah Avenue. Catherine was also westbound on Ridge Road and was stopped at the Savannah Avenue intersection awaiting traffic to clear. According to Walker, as she approached the intersection, a car just to her right honked. This diverted her attention for a brief moment. When she looked back, she saw Catherine's car in front of her. As her foot was already on the brake, she merely "bumped into the back end" of Catherine's car.
Immediately after the accident, Catherine was able to exit her car without a problem and had no visible or objective signs of injury. Walker's car sustained no damage and Catherine's car was only slightly damaged. The police were not called to the scene, and no emergency personnel were required. Catherine drove home after the accident and, according to William, appeared to be fine. The next morning, Catherine went to her family doctor, complaining of neck and jaw pain.
According to the medical records, Catherine's doctor diagnosed her condition as whip lash and temporomandibular joint ("TMJ") disorder. Later, Catherine went to her family dentist, Dr. Roberto Diaz. Dr. Diaz designed a splint for Catherine to wear to alleviate pressure on the joint. He also prescribed muscle relaxants for her. Catherine also sought treatment from two other dentists, but despite their efforts, she still complained of jaw pain.
One year and a half after the accident, Catherine was referred to Dr. Arnold Valle, a San Antonio maxillofacial surgeon specializing in dental surgery. His diagnosis was that Catherine had a displaced disk in her jaw. Dr. Valle then performed surgery to correct Catherine's TMJ disorder.
1. First Trial
Appellees filed a negligence cause of action against Walker for Catherine's personal injuries and for their damages. Appellees moved for partial summary judgment as to liability, and the trial court granted the motion. The case was presented to the jury solely on the issue of damages, and the jury found zero damages on each element charged. Appellees subsequently filed a motion for new trial, and the trial court granted the motion.
2. Second Trial
On re-trial, a second jury also found zero damages. Each appellee moved for a new trial, or in the alternative, for a judgment notwithstanding the verdict. The trial court denied William's motion and ordered that he "take nothing by his suit." The trial court, however, granted Catherine's motion for judgment notwithstanding the verdict and awarded her $43,947.36 for past medical expenses, plus pre-judgment interest. This appeal ensued.
B. Judgment Notwithstanding the Verdict
In her sole issue, Walker cont
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