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Bottoms v. West5/24/2000
Donnie and Aledda Jan Bottoms appeal a judgment following a jury verdict in a personal injury suit arising from an automobile accident. Although the jury found that defendant Richard West was negligent in the collision and awarded damages for injury to the Bottoms' car, they awarded zero damages for Mrs. Bottoms's claim for personal injuries and Mr. Bottoms's claim for loss of consortium and/or loss of household services. In two points of error, the Bottoms attack the jury findings of no damages as against the great weight and preponderance of the evidence. Because we conclude the jury's findings of zero damages are not contrary to the overwhelming weight and preponderance of the evidence so as to be manifestly unjust and unfair, we affirm the judgment.
Factual Background
On July 23, 1993, as Aledda Jan Bottoms was driving home from work, she was involved in an accident also involving Richard West, who was traveling behind her on the highway in a truck and trailer. The facts surrounding the accident were disputed at trial. Mrs. Bottoms testified that West hit her vehicle from behind, and West testified that the trailer he was pulling jacknifed when he hit his brakes to avoid hitting Mrs. Bottoms's car. Both vehicles stopped, and both West and Mrs. Bottoms got out of their vehicles. After driving off the highway, Mrs. Bottoms waited for approximately two hours for a police officer to take her statement. She testified that after being in the heat so long, she began feel nauseous, which she attributed to the heat. She drove home after talking to the police, but that night she became ill. The next day she went to see her physician, Dr. Sandknop, complaining of hip and shoulder pain, headaches, a sick stomach, and vomiting. Mrs. Bottoms did not complain of her hands and wrists at that time. Dr. Sandknop later referred her to Dr. Richard Weiner, who ultimately performed several surgeries on Mrs. Bottoms, including two carpal tunnel release procedures, and a cervical fusion surgery. Because Mrs. Bottoms was still experiencing problems, Dr. Sandknop then referred her to Dr. Schade, a pain-management anesthesiologist, who recommended a second cervical fusion.
Mrs. Bottoms and her husband sued West, alleging that her injuries were caused by the accident, and seeking damages for past and future physical pain and mental anguish, past and future lost earnings, past and future medical expenses, damages to the vehicle, and damages to Mr. Bottoms for loss of household services and loss of consortium. After a jury trial, the jury found that West was negligent, and awarded the Bottoms $1,600.00 for the cost of repairing the Bottoms's car. The jury awarded zero damages for Mrs. Bottoms's personal injuries claim and Mr. Bottoms's loss of consortium and loss of household services claims. The trial court entered judgment on the jury verdict. The Bottoms appealed.
Jury Findings of No Damages
In their only two points of error, the Bottoms contend the jury's findings of no damages for Mrs. Bottoms's injuries and Mr. Bottoms's loss of consortium and loss of household services were against the great weight and preponderance of the evidence. In considering whether a jury's finding of no damages is against the great weight and preponderance of the evidence, we review the entire record, considering all the evidence both favorable and contrary to the verdict. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Monroe v. Grider, 884 S.W.2d 811, 820 (Tex. App._Dallas 1994, writ denied). We reverse and remand for a new trial only if the verdict is so against the great weight and preponderance of the evidence that it is manifestly unjust. Cain, 709 S.W.2d at 176; In re King's Estate,
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