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Biggs v. GSC Enterprises12/16/1999
Introduction
In this personal injury case, Jerry Biggs appeals from a jury verdict that awarded him damages for past medical expenses and lost earning capacity but nothing for physical pain, mental anguish, or physical impairment. We affirm.
On July 27, 1994, Biggs and Jimmy Boswell were involved in an automobile accident. Biggs later sued Boswell and his employer, GSC Enterprises, Inc., a/k/a Grocery Supply Company for personal injuries arising out of the accident. The jury found Biggs and Boswell each 50 percent liable for the accident and awarded Biggs $15,000 in damages for past medical expenses and $15,000 for past lost earning capacity. The jury did not award Biggs any damages for future medical expenses or lost earning capacity, or for physical pain, mental anguish, or physical impairment.
Zero Damages for Pain and Impairment
In his first point, Biggs complains the jury's award of $30,000 in damages for past medical expenses and lost earning capacity is fatally inconsistent with its failure to award him any damages for physical pain and mental anguish or physical impairment.
In reviewing a jury's findings for conflict, the threshold question is whether the findings are about the same material fact. See Bender v. Southern Pac. Transp. Co., 600 S.W.2d 257, 260 (Tex. 1980); Love v. State, 972 S.W.2d 114, 117 (Tex. App.-Austin 1998, pet. denied). An appellate court has a duty to reconcile apparent conflict in the jury's findings whenever reasonably possible in light of the pleadings and evidence, the manner of submission, and the other findings considered as a whole. See Bender, 600 S.W.2d at 260; Love, 972 S.W.2d at 117. The party seeking to set aside an alleged conflicting finding bears the burden of showing that one of the conflicting jury answers necessarily requires a judgment different from the judgment the trial court rendered. See Lee v. Huntsville Livestock Servs., Inc., 934 S.W.2d 158, 160 (Tex. App.-Houston [14th Dist.] 1996, no writ).
Physical Pain
Biggs contends the jury's findings on medical expenses, loss of earning capacity, and physical pain and mental anguish all relate to the same material fact: whether he suffered physical pain as a result of the accident. Biggs contends he would not have sought medical treatment or lost work time if he had not been in pain; therefore, the jury's finding of no physical pain cannot be reconciled with the two damages awards.
While the record shows that Biggs was in pain after the accident, there is conflicting evidence about what caused the pain. At the scene of the accident, Biggs told the investigating officer he was not hurt and did not need medical attention. The day after the accident, however, Biggs went to his doctor, complaining of low back pain. Biggs attributed his pain to both the accident and a work-related injury that occurred three years earlier in his job as a shipping clerk. Biggs's doctor diagnosed him as suffering from a lumbosacral strain - the same diagnosis given by a different doctor when Biggs sustained a work-related injury in 1979. After about six weeks of treatment with the narcotic pain killer Lortab, muscle relaxers, and physical therapy, Biggs reported to his doctor that his back was pain free and obtained a full work release.
Meanwhile, Biggs's medical records show that he suffered from a chronic low back condition for about 15 years before the accident. He injured his back at work in 1979, and from 1982 on, he had lower back pain after nearly any physical activity. In 1991, Biggs suffered another on-the-job injury to his lower back, for which he sought regular medical treatment through the date of th
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