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Owens-Corning Fiberglas Corp. v. Malone6/5/1998
fact finder will better perform its role as the community's conscience in determining the proper punitive damages award by considering such evidence. See Tex. Civ. Prac. & Rem. Code § 41.010(b)("The determination of whether to award exemplary damages and the amount of exemplary damages to be awarded is within the discretion of the trier of fact.") and § 41.011(providing that in determining exemplary damages, the fact finder shall consider evidence about the parties' situation); Moriel, 879 S.W.2d at 30 (leaving question of punitive damages to the jury); see also Jackson v. Johns-Manville Sales Corp., 781 F.2d 394, 408-09 (5th Cir. 1986)(holding that punitive damage award in asbestos case should be left to the jury to decide in the first instance); Hodges v. S.C. Toof & Co., 833 S.W.2d 896, 901-02 (Tenn. 1992)(establishing criteria for the fact finder to consider during second phase of Moriel-style bifurcated trial); Seltzer, supra, at 41, 60-61 (recognizing jury's role "as the conscience of the community in assessing an amount of punitive damages that reflects the degree of the defendant's culpability"). Consequently, we hold that the fact finder, in the first instance, should consider properly admitted evidence in mitigation of punitive damages in deciding the amount of punitive damages, if any, to award.
Whether a punitive damage award violates state common law or is "grossly excessive" in violation of a party's due process rights remains for the courts to decide when properly preserved. See BMW, 517 U.S. at 568 (setting constitutional limits on the size of punitive damages awards); see also Owen, A Punitive Damages Overview: Functions, Problems, and Reform, 39 Vill. L. Rev. 363, 384-85 (1994)(Owen II)(recognizing that adequate jury instructions and appellate review of punitive damages verdicts helps "assure that the standards . . . are applied in a manner that is as fair and accurate as possible"); Seltzer, supra, at 41(noting that using a bifurcated trial procedure and appellate review helps "assure that juries have a continuing voice in the amount of punishment while providing the safeguards necessary to prevent unfairness to defendants"). Indeed, Texas law requires careful appellate scrutiny of punitive damage awards. See Tex. Civ. Prac. & Rem. Code § 41.013 (regarding judicial review of punitive damage awards); Ellis County State Bank v. Keever, 915 S.W.2d 478, 479 (Tex. 1995)(same). Thus, while the fact finder decides whether to award punitive damages, and if so, how much, in the first instance, courts maintain an important role in reviewing such awards.
2. Standard of Review
Evidentiary rulings are "committed to the trial court's sound discretion." City of Brownsville v. Alvarado, 897 S.W.2d 750, 753 (Tex. 1995). A trial court abuses its discretion when it rules "without regard for any guiding rules or principles." Alvarado, 897 S.W.2d at 754. Trial courts may exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. See Tex. R. Evid. 403; State v. Malone Serv. Co., 829 S.W.2d 763, 767 (Tex. 1992). An appellate court must uphold the trial court's evidentiary ruling if there is any legitimate basis for the ruling. See State Bar of Texas v. Evans, 774 S.W.2d 656, 658 n.5 (Tex. 1989). Moreover, we will not reverse a trial court for an erroneous evidentiary ruling unless the error probably caused the rendition of an improper judgment. See Tex. R. App. P. 44.1; see also Gee v. Liberty Mut. Fire Ins. Co., 765 S.W.2d 394, 396 (Tex. 1989).
C. Analysis
While some of OCF's "enough is enough" evidence, such as OCF's net worth and its profits fro
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