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Mora v. Hemco Industries3/10/2005
This is an appeal from a motion for directed verdict rendered in favor of appellee, Hemco Industries, Inc. ("Hemco") during a bench trial. Appellant, Julio Mora, filed a negligence action for the injuries he sustained during his employment as a welder with Hemco. On appeal, the issues are (1) whether appellant presented fact issues on medical causation sufficient to overturn the trial court's judgment; (2) whether Hemco judicially admitted that appellant's herniated disc was caused by lifting a piece of heavy equipment while at work; and (3) whether the trial court erred in denying appellant's motion to re-open for additional evidence. We affirm.
BACKGROUND
Hemco, a Texas corporation that manufactures access platforms (gangways) that transport people who are loading and unloading materials to the top of tank and hopper railroad cars and tank trucks, hired Julio Mora in December 1980. On June 30, 1997, Mora was injured while manually lifting the "jig" to place it on a hydraulic press machine at the Hemco facility. As he lifted the jig, Mora heard his spinal column make a noise. Mora reported the injury to his supervisor, but, believing that the injury was not serious, he continued working that day. That evening Mora's pain became severe. Mora saw a doctor, Dr. Sadeghpour, for the first time nine days after lifting the jig at Hemco. Hemco's owner referred Mora to Dr. Sadeghpour. Mora had suffered a lower back injury and was later diagnosed with a herniated disc at L5-S1. Hemco, pursuant to its company policy, paid for most of Mora's medical expenses. Mora testified that he never injured his back prior to June 30, 1997. After his treatment and back surgery, Mora sued Hemco for negligence. Hemco is a non-subscriber of Texas workers' compensation insurance.
A bench trial began on March 31, 2003. After Mora rested, Hemco orally moved for a "directed verdict" contending that Mora failed to prove medical causation with regard to his lumbar disc herniation. We construe this as a motion for judgment rather than a directed verdict because this is a bench trial. See Qantel Bus. Sys., Inc. v. Custom Controls Co., 761 S.W.2d 302, 303 (Tex. 1988); Ashcreek Homeowner's Ass'n, Inc. v. Smith, 902 S.W.2d 586, 587 (Tex. App.---Houston [1st Dist.] 1995, no writ). Directed by the trial judge to provide evidence of medical causation, Mora responded by providing references in the record to Hemco's alleged judicial admissions on the issue of medical causation. The trial court granted Hemco's motion for judgment.
The Court Stated
What I'm saying is there's no medical testimony to link up the act of lifting to the herniation and the only testimony I heard about his back injury wasn't he had a strain or sprain, he had a herniation. And if the factual medical theory is herniation you have to medically connect the act you're complaining of which is the lifting and the herniation, and there was nothing to connect the two.
On April 10, 2003, before entry of judgment, Mora filed a motion to re-open for additional evidence. The trial court denied Mora's motion and granted judgment for Hemco on June 11, 2003. Mora filed a motion for new trial, but the motion was overruled by operation of law. This appeal followed.
Mora appeals from the grant of a motion for judgment in favor of Hemco on three grounds. First, appellant contends that he presented medical causation evidence sufficient to overturn the trial court's judgment. Second, appellant contends that Hemco judicially admitted that appellant suffered a herniated disc while lifting the jig, thus relieving appellant of the burden of proving the admitted fact and barring Hemco from disputing it. Finall
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