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Doctor v. Pardue9/15/2005
34,659.08 in future medical expenses. EAA's expert testified to $5,320,027 in future medical expenses. In closing argument, EAA argued that an award of five million dollars for future medical expenses would be "more than reasonable." Yet the jury awarded only $2.5 million for future medical expenses, less than half the amount recommended by EAA's own expert.
Loss of Consortium
Linda testified that before the accident, Lad was a warm and caring husband, but since the accident he does not like for Linda to kiss him and that she can no longer talk to him because he has so much with which to cope. Linda explained that she no longer has her husband to console her and that she wakes up each morning with the same realization that Lad is paralyzed.
The Jury's Findings
In regard to their first issue, the Doctors presented overwhelming and uncontroverted evidence establishing that, as a result of the collision, Lad was rendered a quadriplegic and that Lad sustained, and in reasonable probability would sustain in the future, severe physical pain and mental anguish. The evidence also establishes that Lad is disfigured and physically impaired as a result of the collision. It was uncontroverted that Lad would remain disfigured and physically impaired for the remainder of his life. Furthermore, the record reveals that appellees made virtually no attempt to controvert the Doctors' evidence concerning these elements of damages. Yet the jury awarded zero damages in each of these categories. EAA and Pardue present us with no record citations to evidence that in any way supports the jury's zero damage findings for Lad's non-economic damages, and we have found no such evidence.
Accordingly, we hold that the jury's zero damage findings on Lad's past and future physical pain and mental anguish, past and future physical impairment, and past and future disfigurement are so against the great weight and preponderance of the evidence as to be manifestly unjust and shocking to the conscience. Moreover, in regard to Golden Eagle Archery, Inc., we note that because the jury awarded zero damages for every category of potentially overlapping non-economic damages claimed by Lad, there is no possibility that the jury elected to compensate Lad for his physical pain or mental anguish in any other category of non-economic damages. See 116 S.W.3d at 773--75.
We sustain the Doctors' first issue. Having held that the evidence is factually insufficient to support the jury's zero damage findings for Lad's past and future physical pain and mental anguish, past and future physical impairment, and past and future disfigurement, we need not address the Doctors' second, third, and fourth issues concerning the jury's damage findings for Lad's past and future medical expenses and Linda's loss of consortium. See Hicks v. Ricardo, 834 S.W.2d 587, 590 (Tex. App.---Houston [1st Dist.] 1992, no writ) (indicating that case should be reversed and remanded for new trial if court finds that one of jury's damage findings is against great weight and preponderance of evidence).
Conclusion
We reverse and remand this case for a new trial.
Panel consists of Justices Jennings, Hanks, and Evans.
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