 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Missouri Pacific Railroad Company v. Roberson5/11/2000
stances not in evidence. International Harvester Co. v. Zavala, 623 S.W.2d 699, 708 (Tex. Civ. App.--Houston [1st Dist.] 1981, writ ref'd n.r.e.).
See also Dico Tire , Inc. v. Cisneros, 953 S.W.2d 776, 791-92 (Tex. App.--Corpus Christi 1997, pet. denied). ("When the elements of damages considered by the jury include the more amorphous, discretionary damages, such as mental anguish, pain and suffering, physical impairment, and disfigurement, any amount awarded above the more definitive past medical expenses and lost wages will be left to the discretion of the jury.") The jury must take Mr. Roberson's condition at time of trial, consider the impairment evidence retrospectively to date of injury , then prospectively extrapolate an award which the jury believes will reasonably and fairly compensate Mr. Roberson for his impairment in the future.
According to the medical testimony, it is inevitable that Mr. Roberson will have to undergo knee replacement. There is no evidence of when this will occur nor the expected success of such surgery. The jury was left to take Mr. Roberson as he was at trial, then reasonably and fairly speculate as to his future impairment. See Austin v. Shampine, 948 S.W.2d 900, 916 (Tex. App.--Texarkana 1997, pet. withdrawn). We hold that the evidence was sufficient to allow such speculation and to justify their award of $375,000.
The jury awarded Mr. Roberson $85,000 for future medical care. An award of future medical expenses is primarily a matter for the jury, and no precise evidence is required. Beverly Enterprises v. Leath, 829 S.W.2d 382, 386 (Tex. App.--Waco 1992, no writ). Such an award may be based on the nature of the injuries, the medical care rendered in the past, and the condition of the injured party at the time of trial. Id.; see also Southwest Texas Coors, Inc. v. Morales, 948 S.W.2d 948, 952 (Tex. App.--San Antonio 1997, no pet.). A jury may choose to be guided by expert testimony as to future medical damages, but is not bound by it. Novosad v. Mid-Century Ins. Co., 881 S.W.2d 546, 550 (Tex. App.--San Antonio 1994, no writ). The jury is free to disbelieve an expert medical witness' opinion testimony concerning need for and cost of future medical care. Id.; see also Morales, 948 S.W.2d at 952 (Expert testimony on damages is only evidentiary and not binding upon trier of fact).
In the case at bar, Dr. Bocell testified that the cost associated with a total knee replacement surgery would be approximately $20,000. However, neither Dr. Bocell nor any other witness testified regarding the cost of the separate arthroscopic procedure which Mr. Roberson may require, or the cost associated with medications and physical therapy following either procedure. The above decisions stand for the proposition that Mr. Roberson would have made a submissible case on the issue of future medical care even in the absence of Dr. Bocell's dollar-specific testimony.
Finding no sustainable error the judgment of the trial court is affirmed.
AFFIRMED.
Submitted on February 17, 2000
|