Badall v. Durgapersad

454 S.W.3d 626, 2014 Tex. App. LEXIS 12877, 2014 WL 6783747
CourtCourt of Appeals of Texas
DecidedDecember 2, 2014
DocketNo. 01-13-00596-CV
StatusPublished
Cited by14 cases

This text of 454 S.W.3d 626 (Badall v. Durgapersad) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Badall v. Durgapersad, 454 S.W.3d 626, 2014 Tex. App. LEXIS 12877, 2014 WL 6783747 (Tex. Ct. App. 2014).

Opinion

OPINION

EVELYN V. KEYES, Justice.

Appellees, Rukmin, Susan, Reshma, and Rehka Durgapersad (collectively, “the Durgapersads”) filed suit against appellant, Chrisondath Badall, asserting a cause of action for the wrongful death of Ram-dath Durgapersad. A jury found in the Durgapersads’ favor, and the trial court entered judgment based on the jury’s verdict. In five issues on appeal, Badall challenges the trial court’s judgment, arguing that (1) the evidence is legally and factually insufficient to support the jury’s finding that he was 100% liable for Ramdath’s death; (2) the evidence is legally and factually insufficient to support the jury’s award of damages; (3) the trial court erred in failing to allow evidence of a purported settlement agreement between the Durgapersads and the hospital where Ramdath was taken following the shooting; (4) the trial court erred in excluding his impeachment evidence against Rukmin Durgapersad; and (5) the trial court erred in failing to dismiss the Durgapersads’ suit for want of prosecution.

We affirm.

Background

In January 2004, Badall shot Ramdath Durgapersad in the tire shop Ramdath owned and operated in Liberty County, striking him in the hand and abdomen. Ramdath was taken to St. Elizabeth’s Hospital in Beaumont, where he died the next morning. Following a police investigation, Badall was charged with murder. In September 2005, a jury convicted Badall of Ramdath’s murder and assessed his punishment at fifty-five years’ confinement. The court of appeals affirmed his conviction, and the Court of Criminal Appeals refused Badall’s petition for discretionary review. See Badall v. State, 216 S.W.3d 865, 866 (Tex.App.-Beaumont 2007, pet. ref'd).

In January 2006, the Durgapersads filed suit against Badall, asserting a cause of action for wrongful death.1 Rukmin brought the action “individually and in her capacity as Administratrix of the Estate of Ramdath Durgapersad, the decedent,” and Susan, Reshma, and Rekha, them children, were named as plaintiffs. The amended petition alleged that Badall murdered Ramdath, who was fifty-six at the time of his death, and stated that,

[a]s a result of [Badall’s] wrongful conduct which led to [Ramdath’s death], [Ramdath] endured significant conscious pain and suffering before his expiration on January 9, 2004; and Plaintiffs suffered damages, including, but not limited to, pecuniary and statutory damages as well as compensation for the pain and suffering endured by [Ramdath] prior to his death.

The Durgapersads sought damages for Ramdath’s past medical bills and funeral expenses; past and future loss of earning capacity; pain and suffering; mental anguish; loss of consortium; loss of inheritance; punitive damages; and pre- and post-judgment interest.

Badall asserted the affirmative defenses of assumption of the risk, comparative responsibility, and self-defense. Subsequently, the Durgapersads moved for summary judgment, arguing that Badall was [631]*631collaterally estopped from re-litigating issues decided in the criminal case. They provided affidavits summarizing the damages that they sustained as a result of Ramdath’s wrongful death. Badall argued, among other things, that summary judgment was improper because his prior conviction did not preclude the possibility that Ramdath attempted to shoot him, which would impact his civil liability, and because there were fact questions regarding the Durgapersads’ damages.

The trial court granted the Durgaper-sads’ motion for summary judgment and ordered that they recover $1,200,000 as damages. However, on appeal, the Ninth Court of Appeals held that there were fact questions regarding damages and reversed and remanded the case for a new trial. See Badall v. Durgapersad, No. 09-08-00188-CV, 2009 WL 857995, at *2-3 (Tex.App.-Beaumont Apr. 2, 2009, no pet.) (mem. op.).

On remand, the trial court set the case for a new trial on March 14, 2011. The Durgapersads failed to appear, and the trial court dismissed the suit pursuant to Rule of Civil Procedure 165a. However, the Durgapersads moved to reinstate the case on the ground that their failure to appear was the result of a miscommunication with the trial court’s clerk. On April 8, 2011, the trial court granted the Durga-persads’ motion to reinstate the case and set the case for a new trial date. Badall moved again to dismiss the case for want of prosecution, but the trial court denied his motion.

A trial on the merits occurred on June 11, 2013. Rukmin Durgapersad testified that Badall shot and killed her husband. The trial court admitted into evidence Ba-dall’s judgment reflecting his conviction for Ramdath’s murder. Rukmin testified that she and Ramdath were from Trinidad and were married in Puerto Rico. She testified that she moved to the United States in 1971, and that Ramdath came in 1973. Rukmin and Ramdath had four children: Ragis, their only son, and daughters Susan, Reshma, and Rehka. Rukmin testified that the family was close and that Ramdath regularly visited with his children. The family would go on vacations together about once a year. Rukmin testified that the entire family went to Trinidad in July before Ramdath died, that they enjoyed regular fishing trips to the Gulf Coast, and they were all together for Christmas just weeks before Ramdath’s murder.

Rukmin testified regarding the effect Ramdath’s death had on herself and her children. She stated that Ragis, her son, died of a heart attack at age thirty-three on the first day of Badall’s murder trial. Ragis had two children.

Susan, who was thirty-six at the time of trial, is a dentist. Rukmin testified that Ramdath “did everything for [Susan]” up until the time of his death, including paying her way through dental school and buying her books. Rukmin testified that after Ramdath’s death, she had to pay Susan’s car note until she graduated and that she “did everything for graduation for her.” Ramdath also provided advice and counseling to Susan about her schooling and her future. Rukmin testified that Susan wanted her father to see her graduate, but he was murdered before she completed her studies. Rukmin testified that Susan is married but “she still carries [Ram-dath’s] last name. She [doesn’t] want to give it up.” Susan also has three children that Ramdath was never able to meet due to his untimely death.

Reshma, the middle daughter, also suffered because of her father’s death. Resh-ma had a close relationship with her father. Reshma was pregnant with her first child at the time of Ramdath’s death. [632]*632Rukmin testified that on “January 8th when Mr. Badall shot [Ramdath] and killed him, [Reshma] went in the hospital the next day and had the baby. She couldn’t even be a part of the funeral. She didn’t see her dad.” Ramdath provided advice, counsel, and financial support to Reshma.

Rekha, the youngest, was thirty at the time of trial and was teaching summer school in Louisiana. Rukmin testified that all of her daughters wanted to be present at the trial, but “they didn’t want to relive it like I am right now. They didn’t want to relive what happened to their dad.” Like the other two daughters, Ramdath provided advice, counsel, and financial support to Rekha. He paid for Rekha to attend Louisiana State University and bought her a car in 2003. Following Ram-dath’s death, Rekha quit her studies for a time before returning to the university.

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454 S.W.3d 626, 2014 Tex. App. LEXIS 12877, 2014 WL 6783747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/badall-v-durgapersad-texapp-2014.