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City of Pasadena v. Olvera11/27/2002
In this workers' compensation case, a jury found that Guadalupe Olvera sustained a compensable injury while working for the City of Pasadena and that he gave the City timely notice of the injury. The jury, however, found that Olvera did not have disability from the injury. Both the City and Olvera appeal the trial court's decision to deny their motions for judgment notwithstanding the verdict (JNOV), and the City also appeals the trial court's denial of its motion for new trial. We affirm.
Background
Olvera was a laborer for the City's water department. On November 17, 1997, Olvera and co-workers Jose Cubarubias and Jesse Rodriguez were repairing a break in a water line when Olvera slipped on the muddy sidewalk. Rodriguez, Olvera's foreman, testified that Olvera said he was "okay" and continued to work without noticeable problems.
Olvera testified that he reported the fall and resulting injury that same day to safetyman Benito Hernandez. Hernandez testified, however, that Olvera simply came to him and told him that his legs were hurting. Olvera never told Hernandez that he had been injured on the job . Olvera continued working until January 1998, when he sought treatment for his injuries. He ultimately underwent back surgery on March 12, 1998, which resulted in "resolving paraplegia" from the waist down.
On February 26, 1998, Olvera filed a claim with the Texas Workers' Compensation Commission in an attempt to recover benefits for his injury. After a contested hearing, the Commission determined that Olvera: (1) sustained an injury in the course of his employment; (2) gave timely notice of his injury to the City; and (3) had a disability from January 5, 1998 through October 14, 1998.
The City appealed the findings of the Commission to the County Civil Court at Law No. 2. A jury returned a verdict in favor of Olvera on the issues of the compensable injury and notice. The jury, however, found that Olvera had not suffered a disability from the injury. Both parties filed motions for JNOV, which were denied. The City also filed a motion for new trial, but it, too, was denied.
City's Appeal
The City raises two points of error.
Compensable Injury
In its first issue, the City argues (1) that the trial court erred in denying its motion for JNOV because there is legally insufficient evidence to support the jury's finding that Olvera sustained a compensable injury on or about November 17, 1997, and, (2) in the alternative, that the trial court erred in denying the City's motion for new trial because the jury's finding of compensable injury is against the great weight and preponderance of the evidence.
Standard of Review
Motion for JNOV
A judgment notwithstanding the verdict is proper when a directed verdict would have been proper. Tex. R. Civ. P. 301; Fort Bend County Drainage Dist. v. Sbrusch, 818 S.W.2d 392, 394 (Tex. 1991). A motion for JNOV should be granted when (1) the evidence is conclusive and one party is entitled to recover as a matter of law or (2) a legal principle precludes recovery. Mancorp, Inc. v. Culpepper, 802 S.W.2d 226, 227 (Tex. 1990); John Masek Corp. v. Davis, 848 S.W.2d 170, 173 (Tex. App.-Houston [1st Dist.] 1992, writ denied). We review the denial of the City's motion under the legal sufficiency standard. See Brown v. Bank of Galveston, 963 S.W.2d 511, 513 (Tex. 1998); CDB Software, Inc. v. Kroll, 992 S.W.2d 31, 35 (Tex. App.-Houston [1st Dist.] 1998, pet. denied).
In reviewing a legal sufficiency challenge, we must view the evidence in a light which tends to support the finding of the disputed fact and disregard
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