Barrajas v. via Metropolitan Transit Authority

945 S.W.2d 207, 1997 Tex. App. LEXIS 1787, 1997 WL 163787
CourtCourt of Appeals of Texas
DecidedApril 9, 1997
Docket04-96-00183-CV
StatusPublished
Cited by41 cases

This text of 945 S.W.2d 207 (Barrajas v. via Metropolitan Transit Authority) 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
Barrajas v. via Metropolitan Transit Authority, 945 S.W.2d 207, 1997 Tex. App. LEXIS 1787, 1997 WL 163787 (Tex. Ct. App. 1997).

Opinions

GREEN, Justice.

Juan Gonzalez Barrajas appeals from a jury verdict awarding him $2,510.25 for the damages he suffered following a bus accident. In three points of error, he challenges the verdict on factual sufficiency grounds.

On June 1, 1993, Barrajas was riding on a bus owned by VIA Metropolitan Transit Authority when the bus was bumped from the rear by a VIA trolley travelling at approximately five miles per hour. The driver of the bus was Robert Martin Rivera, and Charles Frederick Brittain drove the trolley. Barrajas sued VIA, Rivera, and Brittain (“VIA”) for his personal injuries. At trial, VIA stipulated to liability for the accident, leaving only damages at issue. In response to the court’s charge instructing the jury to consider both past and future damages, the jury awarded Barrajas $200 for physical pain and mental anguish, $120 for loss of earning capacity, $0 for physical impairment, and $2190.25 for medical care. The trial court entered judgment in accordance with the jury’s verdict. Barrajas filed a motion for new trial, which was overruled by operation of law.

On appeal, Barrajas contends that the jury’s award for medical expenses was too low. In his first point of error, Barrajas argues that the jury’s failure to find that he suffered past medical expenses of at least $6,639.15 was against the great weight and preponderance of the evidence. His second point of error challenges, as being against the great weight and preponderance of the evidence, the jury’s failure to find that he would incur future medical expenses. In point of error three, Barrajas claims that because the jury’s findings were against the great weight and preponderance of the evidence, the jury was biased and prejudiced against him. Because the jury was not asked to make separate awards for past and future medical expenses, we assess the sufficiency of the medical damages as a whole; thus, we will address all of Barrajas’ points of error together.

In reviewing the factual sufficiency of the evidence, we consider all of the evidence in the record and reverse only if the jury’s finding is so against the great weight and preponderance of the evidence as to be manifestly unjust. Pool v. Ford Motor Co., 715 S.W.2d 629, 635 (Tex.1986); Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986). Barrajas argues that because VIA did not contradict any of the affidavits or other evidence proving the amount of Barrajas’ damages, the jury had no choice but to award Barrajas the amount that he proved. At trial, Barrajas submitted the affidavits of several of his health care providers. Each of these affidavits contained the statement that the “bill for services [were] rendered as a result of the injuries sustained by Juan Barrajas on June 1,1993.” He claims that, pursuant to section 18.001 of the Civil Practice and Remedies Code, these uncontroverted affidavits established that the bus accident led to his medical damages in the amount of at least $6,639.15.1

Section 18.001 of the Civil Practice and Remedies Code, in pertinent part, provides:

(b) Unless a controverting affidavit is filed as provided by this section, an affidavit that the amount a person charged for a service was reasonable at the time and place that the service was provided and that the service was necessary is sufficient [209]*209evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary.

Tex. Civ. Peac. & Rem.Code Ann. § 18.001(b) (Vernon 1986). This statutory provision only touches upon three elements of proof: (1) the amount of the charges, (2) the reasonableness of the charges, and (3) the necessity of the charges. Beauchamp, 901 S.W.2d at 748.

Affidavits submitted pursuant to section 18.001 are not conclusive as to the amount of damages, but merely “sufficient evidence to support a finding of fact.” See Tex. Civ. PRAC. & Rem.Code Ann. § 18.001(b); Beauchamp, 901 S.W.2d at 748, 749. In assessing personal injury damages, the trier of fact has great discretion in fixing the amount of the damage award. McGalliard v. Kuhlmann, 722 S.W.2d 694, 697 (Tex.1986); Texas Farmers Ins. Co. v. Soriano, 844 S.W.2d 808, 826 (Tex.App.—San Antonio 1992), reversed on other grounds, 881 S.W.2d 312 (Tex.1994). It is for the juiy to judge the credibility of the witnesses, to assign the weight to be given their testimony, and to resolve any conflicts or inconsistencies in the evidence. Soriano, 844 S.W.2d at 826; see Novosad v. Mid-Century Ins. Co., 881 S.W.2d 546, 551 (Tex.App.—San Antonio 1994, no writ). Therefore, in determining the sufficiency of the evidence, appellate courts must accept the jury’s resolution of any conflicts or inconsistencies in the evidence. Soriano, 844 S.W.2d at 826 (citing Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex.1986)). Additionally, a jury may choose to be guided by expert testimony on damages, but it is not bound by it. Peterson v. Reyna, 908 S.W.2d 472, 477 (Tex.App.—San Antonio 1995), modified on other grounds, 920 S.W.2d 288 (Tex.1996); Novosad, 881 S.W.2d at 550; see Callejo v. Brazos Elec. Power Coop., Inc., 755 S.W.2d 73, 75 (Tex.1988). In fact, the jury may disbelieve a witness, including a physician, even though his testimony is not contradicted. See Novosad, 881 S.W.2d at 551.

Barrajas contends that the jury was required to accept the testimony of Dr. Arthur Hernandez concerning the need and amount of future medical expenses on the ground that “uncontradicted opinion testimony of an expert from which only one conclusion can be drawn from the facts is binding on the trier of fact.” We disagree. The supreme court has held that:

[judgments and inferences of experts or skilled witnesses, even when uncontrovert-ed, are not conclusive on the jury or trier of fact, unless the subject is one for experts or skilled witnesses alone, where the jury or court cannot properly be assumed to have or be able to form correct opinions of their own based upon evidence as a whole and aided by their own experience and knowledge of the subject of inquiry.

McGalliard, 722 S.W.2d at 697; see Gregory v. Texas Employers Ins. Assoc., 530 S.W.2d 105, 107 (Tex.1975). Juries are not bound by a physician’s diagnosis as to the future consequences of an injury. Novosad, 881 S.W.2d at 551. Thus, in the present case, Dr. Hernandez’ opinion concerning Barrajas’ need for future medical care was not binding upon the jury.

Moreover, VTA presented evidence that contradicted Barrajas’ need for future medical treatment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

King v. Cardinal Services
Fifth Circuit, 2022
in Re William R. Norton
Court of Appeals of Texas, 2020
Pier Allesina v. Miles C. Longshaw
Court of Appeals of Texas, 2018
Amanda Harris v. Nidhi Gopal Ranebenur
Court of Appeals of Texas, 2018
Guillermo Ochoa-Cronfel v. Patrick C. Murray
Court of Appeals of Texas, 2015
Sheren Nguyen v. Lijun Zhang
Court of Appeals of Texas, 2014
Grant, Mahalia v. Jose Marcisco Cruz, and DFW A-1 Pallet, Inc.
406 S.W.3d 358 (Court of Appeals of Texas, 2013)
LaSalle Pipeline, L.P. v. Donnell Lands, L.P.
Court of Appeals of Texas, 2010
Jorge Arizola v. Valerie Rubio
Court of Appeals of Texas, 2010
Rahimi v. United States
474 F. Supp. 2d 825 (N.D. Texas, 2006)
Vela v. Wagner & Brown, Ltd.
203 S.W.3d 37 (Court of Appeals of Texas, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
945 S.W.2d 207, 1997 Tex. App. LEXIS 1787, 1997 WL 163787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barrajas-v-via-metropolitan-transit-authority-texapp-1997.