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Guerra v. Wilson2/29/2000
Opinion by:Phil Hardberger, Chief Justice
Delivered and Filed:February 29, 2000
AFFIRMED
This case grows out of a rear-end automobile wreck. Sylvia Barahona Guerra ("Guerra") struck Norman Wilson's ("Wilson") car from behind. Guerra appeals the trial court's entry of judgment in which a jury awarded Wilson damages. She raises four issues:
1. The trial court erred in allowing the police report of Officer Pete Davis to be admitted into evidence.
2. The trial court erred in excluding from evidence portions of the November 23, 1998 deposition of Dr. D. Rod Lee.
3. No evidence or insufficient evidence exists to support the jury's award of damages for future medical care.
4. The trial court's inclusion of improper evidence and exclusion of proper evidence constitutes cumulative error, entitling Guerra to a new trial.
Background
Wilson, Guerra, and a third driver, Janice A. Neilson, were involved in an automobile accident in the westbound lane of Thousand Oaks near Henderson Pass in San Antonio. The evidence is controverted as to whether Wilson was turning left into a parking lot or exiting a parking lot into the lane of travel when the accident occurred. The sequence of events appears to be as follows: Guerra collided with Wilson; Neilson collided with Guerra, which caused Guerra to collide with Wilson a second time.
Wilson complained of injury to the lumbar region of his back (in particular, a herniated disc) and an inability to function as he had before the accident. He sued Guerra and Neilson for damages arising from the accident. A jury found that the negligence of the three drivers proximately caused Wilson's injury and apportioned responsibility as follows: Guerra-59%, Neilson-26%, and Wilson-15%. Prior to trial, Neilson settled with Wilson. The jury awarded Wilson $1,000 for past physical pain and suffering, $1,000 for future physical pain and suffering, $10,000 for past medical care, $50,000 for future medical care, and $1,500 for previous lost wages. Guerra appeals.
Discussion
1. Police Report
Guerra argues that the trial court erred in admitting the police report of the investigating officer, Pete Davis, into evidence. The report indicates that Wilson had stopped in the left lane of travel with his left turn signal on. The report also lists two factors that contributed to Guerra's rear-end collision with Wilson: "[Guerra's] inattention" and that Guerra "followed too closely."
a. Standard of Review
Whether evidence is to be admitted or excluded is within the discretion of the trial court. This court has stated that " he mere fact [the trial court] may decide a matter within discretionary authority in a different manner than an appellate judge in similar circumstances does not demonstrate that an abuse of discretion has occurred." McEwen v. Wal-Mart Stores, Inc., 975 S.W.2d 25, 27 (Tex. App.-San Antonio 1998, pet. denied). The trial court abuses its discretion if it acts without reference to any guiding rules or principles. See Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985).
b. Applicable Law
Texas Rule of Evidence 803(8) provides an exception to the hearsay rule and permits the trial court to admit the following documents into evidence:
Public Records and Reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies setting forth:
...
(C) in civil cases as to any party...factual findings resulting from an investigation made pursuant to authority granted by law;<
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