 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Morrell v. Finke11/3/2005
right leg becomes tired and drags. When she becomes tired, her right eye becomes cross-eyed. She has many other motor, learning, and behavioral disorders. The indentation on Madeline's left temple from the forceps is still present and visible, causing her face to lack symmetry and her glasses to not fit properly. Madeline will require extensive special education, therapies, and counseling. She will never be capable of independent living.
J. Verdict and Judgment
After both sides rested and closed, the trial court granted the hospital and clinic a directed verdict on Plaintiffs' direct negligence claims. In answer to a broad-form submission, the jury found that the negligence of each of the remaining individual Defendants was a proximate cause of Madeline's injuries and apportioned liability sixty percent to Dr. Finke, twenty percent to Nurse Walker, fifteen percent to Nurse Stephens, and five percent to Nurse Fenton. The jury awarded Madeline $1.8 million in damages for future loss of earning capacity; $3.5 million for future medical care and therapy after age eighteen; $60,000 for past pain and mental anguish; $1 million for future pain and mental anguish; $250,000 for past physical impairment; $1 million for future physical impairment; $25,000 for past disfigurement; and $500,000 for future disfigurement. The jury awarded the Morrells $160,000 for past medical, physical, speech, and occupational therapy expenses; $0 for future care expenses incurred before age eighteen; $2 million for loss of consortium; and $250,000 each for past mental anguish. The trial court granted Defendants a JNOV on the Morrells' claims for loss of consortium and mental anguish and otherwise rendered judgment on the verdict for a total of $12,131,153.42 jointly and severally against all Defendants.
III. Issues Presented
Robert and Donna Morrell complain in four issues that the trial court erred by granting JNOV on the damages for loss of consortium and mental anguish. Dr. Finke and the clinic complain in their first issue that there is no evidence or factually insufficient evidence that any negligence of Dr. Finke was a cause-in-fact of Madeline's injuries. By their second issue, they complain that there was no evidence or factually insufficient evidence of negligence. By their third issue, they contend that there is no evidence of the present value of the cost of Madeline's future medical expense, so that the jury's award of $3.5 million for that element of damages requires reversal and remand or remittitur. In their fourth issue, they complain that the findings of past medical expenses are excessive.
The nurses and hospital complain in four issues that there is legally and factually insufficient evidence that the nurses' breaches of the standard of care (which they do not contest) were a cause-in-fact of Madeline's injuries, and they join in the complaints of Dr. Finke and the clinic regarding the past medical expenses and future care findings. The nurse Defendants further complain that Robert and Donna Morrell's claim for past medical expenses against them is barred by limitations. Nurse Fenton also contends that she should only be held severally liable for the five percent negligence the jury attributed to her.
IV. The Morrells'Appeal
A. Loss of Consortium
In their first and second issues, Robert and Donna Morrell contend that the trial court erred by granting a JNOV concerning their loss of consortium claim against all Defendants. After submission, however, the Supreme Court of Texas decided Roberts v. Williamson, 111 S.W.3d 113 (Tex. 2003), which the Morrells acknowledge is contrary to their position. See id. at 119 (holding paren
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|