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Wal-Mart Stores8/16/2001
sh issues were submitted together in a broad from question requiring a single dollar amount for both elements. When a damages issue is submitted in broad form, an appellate court cannot ascertain with certainty what amount of the damages award is attributable to each element. Haryanto v. Saeed, 860 S.W.2d 913, 921 (Tex. App.--Houston [14 th Dist.] 1993, writ denied). And, when the elements of actual damages considered by the jury include the more amorphous, discretionary damages such as mental anguish, pain and suffering, any amount awarded above the more definite damages such as past medical expenses will be shunted to the jury. Id. at 922. Therefore, under the current practice, a meaningful review on appeal of damages questions in broad form is extremely difficult. Id.
Applying the appropriate standard of review to the jury's damage award for past physical pain, we cannot say there was no probative evidence to support the jury's damage award for past physical pain contained within the single dollar amount for the broad form question. Accordingly, we hold the evidence legally sufficient to support the jury's conclusion that an unspecified portion of the total amount of $200,000 is an appropriate level of compensation for 80% of Candace's past physical pain. We also hold the evidence supporting that finding is not so weak as to be clearly wrong and manifestly unjust. 3. Damages Awarded For Past Mental Anguish
Texas has authorized recovery of mental anguish damages in virtually all personal injury actions, even where the defendant's conduct was merely negligent. City of Tyler v. Likes, 962 S.W.2d 489, 495 (Tex. 1997). Where serious bodily injury is inflicted, some degree of physical and mental suffering is the necessary result. Id. The term "mental anguish" implies a relatively high degree of mental pain and distress. Brookshire Bros., Inc. v. Wagnon, 979 S.W.2d 343, 353 (Tex. App.--Tyler 1998, pet. denied). It means more than disappointment, anger, resentment, or embarrassment, although it may include all of those. Parkway Co. v. Woodruff, 901 S.W.2d 434, 444 (Tex. 1995). The Parkway court held it is clear that an award of mental anguish damages will survive a legal sufficiency challenge when the plaintiff has introduced direct evidence of the nature, duration, and severity of their mental anguish, thus establishing a substantial disruption in their plaintiff's daily routine. Id. Such evidence, whether in the form of the claimant's own testimony, that of third parties, or that of experts, is more likely to provide the fact finder with adequate details to assess mental anguish claims. Id.
Candace testified she suffered seizures as a result of the incident at Wal-Mart. She testified it was humiliating to her when she is out in public and can't stop a seizure. She stated she had no self-esteem when such an event was over. She testified she competed in fewer horse shows following the incident. Her doctors had told her she too sick to compete in horse shows after the incident. She also testified about her inability to care for her fourteen-year-old son after the incident. She testified she was unable to drive her son to the events he needed to attend. Her son wanted to stay with Candace and Jim, but Candace testifed he left to live with his father because of her critical illness and because he couldn't stand to see his mother in such pain.
Jimmie testified Candace's injury had a deleterious effect on his sexual relationship with his wife. He testified as follows:
Q: Okay. And the jury needs to know has this had any type of effect on your sexual relationship with your wife?
A: Well, yes sir. I don't like to use the word- -I love my wife.
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