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Labao v. Guevara12/1/2005
Corazon Ferrer Labao appeals from a Judgment Notwithstanding the Verdict ("JNOV") in favor of Appellee Noemi Guevara. Appellant contends the trial court erred in granting the JNOV. We agree and reverse and remand.
About 9 p.m. on October 17, 2002, Pacifico Ferrer and his father-in-law, Arturo Labao, were driving north on Highway 6 approaching the Timbercreek intersection. Appellee was driving south on Highway 6 and turned left onto Timbercreek. Her car was hit by Mr. Ferrer. Appellee conceded that she did not yield the right of way, but insisted she had looked and did not see any oncoming traffic. Mr. Ferrer and Mr. Labao were both injured in the collision and taken to a hospital by ambulance.
Mr. Labao had surgery the night of the accident. He had to have a second surgery. After the second surgery, his kidney failed and he was placed on dialysis. Mr. Labao remained in ICU for three months. Mr. Labao had a neck brace and tracheostomy. While in the hospital, Mr. Labao was unable to communicate and cried. Appellant testified that her father was mostly frustrated because his daughter had to help him change his diaper. Mr. Labao told Appellant that he was tired of the pain and cried, "I just want to go."
Prior to the accident, Mr. Labao had chronic atrial fibrillation for five to seven years and high blood pressure. Mr. Labao saw his cardiologist two weeks prior to the accident, and his doctor indicated everything was fine. Appellant stated that her father did not have internal bleeding, a tracheostomy tube, or kidney failure prior to the accident. Before the accident, Mr. Labao ran his business, a washateria, by himself and worked daily. Among the services Mr. Labao provided was a wash and fold, which consisted of weighing the clothing, washing, drying, folding, and wrapping the clothing. Mr. Labao also sold items in the washateria and repaired the machines. In his spare time, Mr. Labao would lift weights and read history books and the dictionary so he could challenge his grandchildren to competitions. Mr. Labao died on May 29, 2003.
Among Mr. Labao's medical bills entered into evidence was a bill from the Cy-Fair Volunteer Fire Dept totaling $398.53 for ambulance service on October 17, 2002. The second bill from Memorial Hermann Health Care System totaled $980,285.43 for hospitalization from October 18, 2002 until February 4, 2003. Another bill from Memorial Hermann Hospital System and Continuing Care Corporation totaled $37,759.25 for services from February 4, 2003 until February 19, 2003. A fourth bill from Spring Branch Medical Center totaled $88,196.09 for services from March 6, 2003 until March 19, 2003. The final bill from Merc Medical Supply Company totaled $2,526.12 for supplies needed while Mr. Labao was at home and is dated December 15, 2003. All of the bills were incurred after the car accident.
At the close of the plaintiffs' case, Appellee moved for a directed verdict on two issued arguing: (1) Appellant failed to prove she had standing under the survival statute to bring the suit; and (2) Appellant failed to offer legally or factually sufficient evidence of causation of Mr. Labao's past medical treatment, expenses, and damages. The trial court judge denied the motion for a directed verdict. During the charge conference, Appellee objected to the admission of Mr. Labao's medical bills for lack of causation because Appellant failed to prove the medical conditions and resulting expenses were caused by the accident. On February 5, 2004, the jury returned a verdict in favor of the plaintiffs. The jury awarded Mr. Ferrer $4,576.04 for past medical expenses, $500 for pain and suffering, and $500 for mental anguish. Appellant was awarded $1,1
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