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Labao v. Guevara12/1/2005
dence, she included the various medical bills as well as affidavits stating the services were reasonable and necessary. Appellee did not produce any counter affidavits contesting the amount of the bills, nor did she file any affidavits contesting the reasonableness and necessity of the bills. Therefore, Appellant produced sufficient evidence to prove that Mr. Labao's medical bills were reasonable and necessary. Appellant argues Appellee waived any error with regard to the past medical expenses because she did not object and allowed the jury to see all of Mr. Labao's medical bills. We do not agree. Appellant proved the reasonableness and necessity of the expenses, but Appellant must also produce sufficient evidence to prove the amount of the bills and the causal nexus between the event and Mr. Labao's injuries. By not producing counter affidavits, Appellee waived any error as to the reasonableness and necessity of the charges, but not as to the causal nexus between the event and the condition. Having determined there was enough evidence to prove the causal nexus, the bills entered into evidence are sufficient to prove the amount of the past medical expenses.
Viewing the evidence in the light that favors the jury verdict, we believe that reasonable minds could differ when deciding if there is a sequence of events that provide a strong, logically traceable connection between the event and Mr. Labao's injuries. We also find that there is enough evidence for reasonable minds to differ as to the mental pain and anguish damages and past medical expenses. Thus, there is more than a scintilla of evidence to show that Mr. Labao's injuries were a result of the accident and the amount of damages were proper. Therefore, the trial court erred in granting the JNOV. We sustain Appellant's sole issue.
We reverse the trial court's judgment notwithstanding the verdict and remand the cause to the trial court to enter judgment based on the jury's verdict.
Before Barajas, C.J., McClure, and Chew, JJ.
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