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Jacobs v. Jones6/15/2000
Justice Morris
This is an appeal from a personal injury lawsuit Stacee Jones filed against Bobby Don Jacobs. A jury trial was held only on the issue of damages because Jacobs stipulated to his liability. The jury awarded Jones $6,957.22 for past medical expenses, $10,822.78 for past physical pain and mental anguish, and $720 for lost wages. On appeal, Jacobs generally challenges the factual sufficiency of the evidence to support the amount of the jury awards for lost wages and past physical pain and mental anguish. After reviewing the evidence in its entirety, we affirm the trial court's judgment. In reviewing a factual sufficiency challenge to a verdict, we examine all of the evidence in the record and reverse only if the finding is so against the great weight and preponderance of the evidence that it is clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). We may not substitute our judgment for the jury's even if we disagree with the verdict. Herbert v. Herbert, 754 S.W.2d 141, 144 (Tex. 1988).
Jones sustained personal injuries in an accident on her way to work April 3, 1996 when her car was struck in the rear by Jacobs's car. Jones testified the impact from the collision caused the back of her head to slam into her head rest, creating a "knot" on the back of her head. She told the investigating police officer, however, that she did not think she was injured and did not request medical attention at the scene.
After the accident, Jones drove to Children's Medical Center, where she worked as a respiratory therapist. A few hours after she arrived at work, she began to feel dizzy, nauseous, and experience increased head pain. About five and one-half hours after the accident, she went to the emergency room at St. Paul Medical Center where she was diagnosed with a scalp contusion and lumbar strain. She was treated and released.
Although Jones apparently worked a twelve-hour shift at Children's Medical Center the day after the accident, she testified that she missed five days of work as a result of the accident and estimated her lost earnings after taxes at $720. She stated that after the accident, she was off her feet for about one week and was very sore. She also had trouble sitting and standing for extended periods of time. Jones received chiropractic treatment from April 14, 1996 to May 8, 1996. She testified she experienced muscle spasms, neck and shoulder stiffness, and pain radiating down her leg for several months after the accident. According to the progress notes of her doctor, on June 21, 1996, Jones was still complaining of neck and low back pain from the accident. Jones testified her injuries prevented her from exercising and participating in sports. She further testified her injuries prevented her from lifting patients at work. According to Jones, the accident also affected her emotional heath. As the medical bills accumulated, Jones began to worry, stress out, and became depressed and angry. She also stated she lost a lot of sleep and experienced knots in her stomach.
No set formula or calculation exists for determining the amount of damages that should be awarded for enduring physical pain and mental anguish. See Baylor Med. Plaza Servs. Corp. v. Kidd, 834 S.W.2d 69, 78 (Tex. App._Texarkana 1992, writ denied). The jury is afforded great discretion in fixing the amount of damages to award for these unliquidated elements of personal injury damages. See id. If evidence sufficiently supports an award for unliquidated damages, we do not query about how the jury arrived at the exact amount it awarded. Based on the record before us, we conclude there was sufficient evidence to support the jury's $10,822.78 award for past p
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