Galvan v. Garcia

502 S.W.3d 382, 2016 Tex. App. LEXIS 9628, 2016 WL 4537695
Court of Appeals of Texas·Decided August 31, 2016·No. No. 04-15-00643-CV·Published·Cited by 3 cases

Opinion

OPINION

Opinion by:

Patricia O. Alvarez, Justice

In the underlying lawsuit, Appellants Sandra Galvan, individually and as next friend of Valerie Rubio, a minor, and Maria Zempoaltealt, sued Appellee Rosalva Garcia for negligence arising from an automobile accident in which vehicles driven by Galvan and Garcia collided. On appeal, Galvan and Zempoaltealt contend: (1) the jury’s zero damage findings are against the great weight and preponderance of the evidence; and (2) the trial court erred in substituting its judgment for that of the jury by finding an amount to award Galvan for past medical expenses instead of granting a new trial. We reverse the trial court’s judgment and remand the cause to the trial court for a new trial.

Procedural and Factual Background

On May 21, 2013, Galvan and Garcia were driving their vehicles through a parking lot when they collided. Rubio, Galvan’s five-year-old daughter, and Zempoaltealt were passengers in Galvan’s vehicle. Although Galvan declined medical assistance at the scene, she later took herself and Rubio to the emergency room where she incurred medical expenses. On June 26, 2013, Galvan, Rubio, and Zempoaltealt sought treatment from Khit Chiropractic, and Galvan also subsequently received injections in her back from Dr. Jorge Saenz.

Approximately one year later, Galvan and Zempoaltealt sued Garcia. The matter was called for trial on March 23, 2015, and the jury found 50% of negligence attributable to both Galvan and Garcia. In the trial court’s charge, the jury was asked what sum of money that would fairly and reasonably compensate Galvan, Rubio, and Zempoaltealt for her damages in each of the following categories:

(1) Galvan’s past physical pain and mental anguish;
(2) Galvan’s future physical pain and mental anguish;
(3) Galvan’s past physical impairment;
(4) Galvan’s future physical impairment;
(5) Galvan’s past medical expenses;
(6) Galvan’s future medical expenses;
(7) Galvan’s lost wages;
(8) Rubio’s past physical pain and mental anguish;
(9) Rubio’s past medical expenses;
(10) Zempoaltcalt’s past physical pain and mental anguish;
(11) Zempoaltcalt’s past physical impairment;
(12) Zempoaltcalt’s past medical expenses; and
(13) Zempoaltcalt’s lost wages.

The jury awarded zero damages for each category.

On July 15, 2015, the trial court signed a judgment based on the jury’s verdict. On July 22, 2015, Galvan and Zempoaltealt filed a motion for new trial asserting, inter alia, the jury’s verdict was against the great weight and preponderance of the evidence. The motion for new trial was set for a hearing on September 16, 2015, and [385] on September 10, 2015, Garcia filed Defendant’s Motion to Disregard Jury Findings, specifically requesting the trial court disregard the. jury’s findings on question 3(e) (Galvan’s past medical expenses) and 4(b) (Rubio’s past medical expenses). The trial court granted Garcia’s motion and signed a judgment finding the sum of money that would compensate Galvan for past medical expenses Galvan incurred for her injuries was $1,606.15 and the sum of money that would compensate Galvan for past medical expenses Galvan incurred for Rubio’s injuries was $77.38. Based on the jury’s 50% negligence findings, the judgment reduced the damage awards proportionally by 50% and awarded Galvan $841.77, plus prejudgment and post-judgment interest. Galvan and Zempoaltcalt appeal this judgment.

We turn first to Galvan’s and Zempoalt-calt’s argument that the trial court erred in entering an award on past medical expenses and not granting a new trial.

Trial Court’s Findings on Past Medical Expenses

In their second issue, Galvan and Zem-poaltcalt contend the trial court erred in substituting its judgment for that of the jury by finding an amount to award Galvan for past medical expenses after granting Garcia’s motion to disregard the jury’s findings. Galvan and Zempoaltcalt contend the trial court was required to grant a new trial.

Garcia counters that because Galvan and Zempoaltcalt invited the trial court to make the finding, they cannot complain about the trial court’s finding on appeal. Garcia also contends the evidence was sufficient to support the jury’s zero damage finding; therefore, the trial court’s finding is harmless.

A. Invited Error Doctrine

“The invited error doctrine applies to situations where a party requests the court to make a specific ruling, then complains of that ruling on appeal.” In re Dep’t of Family & Protective Servs., 273 S.W.3d 637, 646 (Tex.2009) (citing Tittizer v. Union Gas Corp., 171 S.W.3d 857, 862 (Tex. 2005)). In other words, “a party cannot complain . on appeal that the trial court took a specific action that the complaining party requested.” Tittizer, 171 S.W.3d at 862.

1. Galvan’s and Zempoaltcalt’s Request For Past Medical Expenses

Garcia contends Galvan and Zem-poaltcalt invited the trial court to make findings regarding the amount to. be awarded for past medical expenses. Garcia’s argument isolates certain statements made by Galvan’s and Zempoaltcalt’s attorney at the hearing on Garcia’s motion to disregard the jury’s findings. In those statements, Galvan’s and Zempoaltcalt’s attorney informed the trial court that he was not arguing the “medical that was incurred five weeks later.” Reading the entire record, however, demonstrates Gal-van’s and Zempoaltcalt’s attorney argued the only proper remedy was to grant a new trial.1 This argument is consistent [386] with the argument made in Galvan’s and Zempoaltcalt’s response to Garcia’s motion to disregard jury findings. Accordingly, we hold Galvan’s and Zempoaltcalt’s complaint is not barred by the invited error doctrine.

2. Garda’s Argument that Finding is Harmless

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Galvan v. Garcia, 502 S.W.3d 382, 2016 Tex. App. LEXIS 9628, 2016 WL 4537695 (Tex. Ct. App. 2016).

502 S.W.3d 382 (Galvan v. Garcia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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