Herrin Transportation Co. v. Pursley

424 S.W.2d 660, 1968 Tex. App. LEXIS 2369
CourtCourt of Appeals of Texas
DecidedFebruary 15, 1968
DocketNo. 6927
StatusPublished
Cited by1 cases

This text of 424 S.W.2d 660 (Herrin Transportation Co. v. Pursley) 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
Herrin Transportation Co. v. Pursley, 424 S.W.2d 660, 1968 Tex. App. LEXIS 2369 (Tex. Ct. App. 1968).

Opinion

PARKER, Justice.

Based upon a jury verdict, judgment was entered awarding damages to the plaintiffs, E. A. Pursley and wife, Alma Pursley, against Herrin Transportation Company, Inc. in the amount of $23,310.00. This suit is for damages resulting from a truck-automobile collision. Intervenor, Pacific Indemnity Company, recovered $177.00 from the defendant, Herrin Transportation Company, Inc., being the sum paid by [661]*661it to plaintiffs covering damages to their automobile. Defendant, Herrin Transportation Company, Inc., has appealed. The parties will be designated as in the trial court. The judgment of the trial court is affirmed.

Defendant has points of error contending there is no evidence or insufficient evidence to support the findings of the jury in answer to Special Issues Nos. 1, 2, 3, 4, 5, 16, and 18. In answer to Special Issue No. 1, the jury found that immediately before the collision made the basis of this suit, the driver, James Ervin Jones, backed the Herrin Transportation truck into the plaintiffs’ automobile. In answer to Special Issue No. 2, the jury found the backing of the truck was negligence. In answer to Special Issue No. 3, the jury found that such negligence was a proximate cause of the collision made the basis of this suit. In answer to Special Issue No. 4, the jury found James Ervin Jones failed to keep such a lookout to the rear as would have been kept by a person of ordinary prudence in the exercise of ordinary care, under the same or similar circumstances, which failure, the jury found in answer to Special Issue No. 5 was a proximate cause of the collision made the basis of this suit. Special Issue No. 16 and the jury’s answer is as follows:

SPECIAL ISSUE NO. 16

What sum of money, if any, if paid now in cash do you find from a preponderance of the evidence would fairly and reasonably compensate the Plaintiffs for such damages, if any, as have been sustained in the past and in reasonable probability will be sustained in the future as a proximate result of the injuries, if any, sustained by Mrs. Alma Pursley in the occurrence made the basis of this suit, taking into account the following elements, and none other:

1.Such physical pain, if any, sustained by Mrs. Alma Pursley from the date of such occurrence to the date of this trial as a result of the injuries, if any, sustained by her in the occurrence made the basis of this suit.

2. Such mental anguish, if any, sustained by Mrs. Alma Pursley from the date of such occurrence to the date of this trial as a result of the injuries, if any, sustained by her in the occurrence made the basis of this suit.

3. Such reduced capacity to perform the services of a housewife in and about the home, if any, sustained by Mrs. Alma Pursley from the date of such occurrence to the date of this trial as a result of the injuries, if any, sustained by her in the occurrence made the basis of this suit.

4. Such physical pain, if any, as Mrs. Alma Pursley will in reasonable probability sustain in the future, beyond this date as a result of the injuries, if any, sustained by her in the occurrence made the basis of this suit.

5. Such mental anguish, if any, as Mrs. Alma Pursley will in reasonable probability sustain in the future, beyond this date as a result of the injuries, if any, sustained by her in the occurrence made the basis of this suit.

6. Such reduced capacity to work and earn money outside the home, if any, as Mrs. Alma Pursley will in reasonable probability sustain in the future beyond this date as a result of the injuries, if any, sustained by her in the occurrence made the basis of this suit.

7. Such reduced capacity to perform the services of a housewife in and about the home, if any, as Mrs. Alma Pursley will in reasonable probability sustain in the future beyond this date as a result of the injuries, if any, sustained by her in the occurrence made the basis of this suit.

To which the Jury answered: $20,000.00 [662]*662Special Issue No. 18 and the jury’s answer is as follows:

SPECIAL ISSUE NO. 18
What sum of money, if any, do you find from a preponderance of the evidence to he the reasonable amount of such charges as the Plaintiffs will in reasonable probability incur in the future beyond this date for and on account of such reasonably necessary treatment of the injuries, if any, sustained by Mrs. Alma Pursley as a result of the collision made the basis of this suit?
To which the Jury answered: $3,000.00

Appellant’s truck van unit was approximately 13½ feet high with an overall length of about 50 feet, and was being driven by Jones ahead of the automobile being driven by Mrs. Alma Pursley. Jones turned the truck from a boulevard on to a street about ½ mile from the location of the collision, overrunning the turn. Instead of turning immediately on to the street, he drove the truck through a private drive where Mrs. Pursley, who was following behind, saw the van strike and pull down some wires. No objection to this testimony. The truck immediately swung back onto the street without stopping or reducing its speed. Observing this driving of the truck, Mrs. Pursley remained behind the truck while it proceeded in a northerly direction on this street for about 1/2 mile to Sarah Lane, the street on which Jones intended to turn. No objection to this testimony. He admitted that he overshot this turn. Mrs. Pursley stopped behind the van, assuming the traffic ahead caused the truck to stop. Immediately, the truck backed into the front of her automobile with no warning whatsoever to her. As a result of the impact, her 19 months old baby, asleep in the front seat, was thrown onto the front floorboard, and she herself was thrown into the steering wheel then back against the seat, with her arm striking the arm rest. The truck driver conceded that he overran his intended turn at Sarah Lane. The city police officer who investigated the collision found that the wheels of the truck left 25 feet of forward track-skids and determined that the backward track marks of 12 feet were made by the wheels of the truck leading to the point of impact with the front of the Pursley automobile. . Defendant placed one of its employees, a Mr. Fuller, on the stand and he finally admitted that he did not see the impact, did not know who backed or ran into whom and did not even identify himself as a witness to the investigating officer.

At the time of trial, November 14, 1966, Mrs. Pursley was 41 years of age, with an average remaining life expectancy of 34.73 years. Prior to the accident of October 4, 1963, she was in good health and condition. She had a previous work history which was regular and consistent up to the time of the birth of her last child. By education and experience, she was qualified to do office work. She was last employed by J. W. McDonald as a billing clerk from May of 1958 to September of 1961, being paid $1.50 an hour for 40 hours each week, plus time and one-half for at least an additional four hours every other week. She quit this job because she was expecting her last baby.

She was not working except as a housewife at the time of the collision, having three minor children at home, including her 19 year old son. She had planned to regain employment, testifying: “Our little girl would be in junior high by the time the baby reached nursery school, and I had planned on returning to work by the time I got him old enough to put him in nursery school or kindergarten.

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Bluebook (online)
424 S.W.2d 660, 1968 Tex. App. LEXIS 2369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrin-transportation-co-v-pursley-texapp-1968.