 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Schindler Elevator Corp. v. Anderson8/16/2001
greater than the probability that the verdict was grounded on the proper proceedings and evidence. There was substantial, uncontroverted evidence that side-step entrapments were known to Schindler and the industry from the time of the escalator's invention. Even Schindler's witnesses acknowledged that entrapment is more likely in children, who have smaller feet, hands, and fingers and who frequently wear rubber shoes that grab the side skirt on contact. There was evidence that safety measures existed, such as painted stripes along the step edges, painted footprints in the center of the steps, or side-step safety plates, which Schindler did not recommend for this escalator. There was also evidence that the gap was excessive and lubrication inadequate.
Further, despite the Andersons' rebuttal, and Schindler's own somewhat fanciful closing argument, the jury carefully reached its verdict with favorable and unfavorable findings to all sides: it found Scott Anderson at fault; Met-Life fault free; no design defect when the escalator was installed; zero damages for Diana Anderson; zero damages for Scott Anderson's future loss of consortium, future mental anguish, and exemplary damages; and zero damages for Scooter's loss of earning capacity. The amounts awarded for past and future medical expenses are consistent with the testimony. The amounts awarded to Scooter in damages are substantial, but whether these amounts are excessive is addressed in other points of error.
Given the evidence and that the careful verdict reached by the jury demonstrates its attention to it, we hold that the Andersons' rebuttal argument about other product liability litigation does not fall into the narrow category of incurable argument necessitating reversal for a new trial. We overrule issue eleven.
PROXIMATE CAUSE
In issue one, Schindler contends that there is legally and factually insufficient evidence of proximate cause.
A. Standard of Review
In determining a legal sufficiency issue, we are to consider all of the evidence in the light most favorable to the party in whose favor the judgment has been rendered, and to indulge every reasonable inference from the evidence in that party's favor. Formosa Plastics Corp. v. Presidio Eng'rs & Contractors, Inc., 960 S.W.2d 41, 48 (Tex. 1998) (op. on reh'g); Havner, 953 S.W.2d at 711; In re King's Estate, 150 Tex. 662, 244 S.W.2d 660, 661 (1951). If there is more than a scintilla of such evidence to support the finding, the claim is sufficient as a matter of law. Formosa Plastics Corp., 960 S.W.2d at 48; Leitch v. Hornsby, 935 S.W.2d 114, 118 (Tex. 1996).
A legal sufficiency issue may only be sustained when the record discloses one of the following: (1) a complete absence of evidence of a vital fact; (2) the court is barred by rules of law or evidence from giving weight to the only evidence offered to prove a vital fact; (3) the evidence offered to prove a vital fact is no more than a mere scintilla of evidence; or (4) the evidence establishes conclusively the opposite of a vital fact. Havner, 953 S.W.2d at 711 (citing Robert W. Calvert, "No Evidence" and "Insufficient Evidence" Points of Error, 38 TEX. L. REV. 361, 362-63 (1960)). There is some evidence when the proof supplies a reasonable basis on which reasonable minds may reach different conclusions about the existence of the vital fact. Orozco v. Sander, 824 S.W.2d 555, 556 (Tex. 1992).
An assertion that the evidence is "factually insufficient" means that the evidence supporting a finding is so weak or the evidence to the contrary is so overwhelming that the finding should be set aside as clearly wrong and unjust and a new trial should be ord
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|