Schwartz v. Forest Pharmaceuticals, Inc.

127 S.W.3d 118, 2003 WL 22382575
CourtCourt of Appeals of Texas
DecidedNovember 10, 2003
Docket01-02-00882-CV
StatusPublished
Cited by38 cases

This text of 127 S.W.3d 118 (Schwartz v. Forest Pharmaceuticals, Inc.) 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
Schwartz v. Forest Pharmaceuticals, Inc., 127 S.W.3d 118, 2003 WL 22382575 (Tex. Ct. App. 2003).

Opinion

OPINION

ADELE HEDGES, Justice.

Appellant, Newton B. Schwartz, Sr., sued appellees, Kristen Wilson-Woodcox and Forest Pharmaceuticals, Inc. (“Forest”), seeking damages for personal injuries allegedly sustained when the car Wilson-Woodcox was driving ran into the car driven by Schwartz. The case was tried to the jury, which returned a take-nothing judgment. In four points of error, Schwartz contends that: (1) the evidence is legally and factually insufficient to support the jury’s finding that Wilson-Wood-cox and Forest were not negligent and that he had not sustained compensable injuries as a result of the accident; (2) the trial court erred by admitting (a) evidence of his litigious character and of a State Bar suspension and (b) photographs of the car Schwartz was driving when the accident occurred; and (3) the trial court erred in limiting the amount of time he had to argue his case. We affirm.

Background

On June 7, 2000, at approximately 9:00 a.m., Schwartz and Wilson-Woodcox were involved in a minor car accident. Schwartz had come to a complete stop at a red light at the intersection of Greenbriar and U.S. Highway 59 in Houston, Texas. Wilson-Woodcox was at a complete stop behind Schwartz when she accidentally spilled a cold beverage on her lap, whereupon her foot slipped off the brake and caused her car to hit the back of Schwartz’s car. Schwartz filed suit claiming that Wilson-Woodcox was negligent and that such negligence caused his personal injuries.

When the accident occurred, Wilson-Woodcox was working for Forest as a pharmaceutical territory sales representative. Schwartz sued Forest under a theo *121 ry of respondeat superior and negligent entrustment.

Sufficiency of the Evidence Standard of Review

In his first point of error, Schwartz contends that the evidence is legally and factually insufficient to support the jury’s finding that Wilson-Woodeox and Forest were not negligent and that he should not be compensated for injuries, if any, that resulted from the incident. In reviewing a legal insufficiency point, we consider only the evidence and inferences that, when viewed in their most favorable light, tend to support the finding, and disregard all evidence and inferences to the contrary. Hamer v. E-Z Mart Stores, Inc., 825 S.W.2d 456, 458 (Tex.1992); Frost Nat. Bank f/k/a Nat. Bank of Commerce v. Heafner, 12 S.W.3d 104, 109 (Tex.App.-Houston [1st Dist.] 1999, pet. denied). If there is any evidence of probative force to support the finding, we uphold the finding. Sherman v. First Nat’l Bank, 760 S.W.2d 240, 242 (Tex.1988); Heafner, 12 S.W.3d at 109. That is, if there is more than a scintilla of evidence, we will not overturn the jury’s finding. Sherman, 760 S.W.2d at 242; Heafner, 12 S.W.3d at 109.

In reviewing factual sufficiency, we consider and weigh all of the evidence; we will set aside the verdict only if the evidence is so weak or the finding so against the great weight and preponderance of the evidence that it is clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986); Heafner, 12 S.W.3d at 109. We will not substitute our opinion for that of the trier of fact. Id.

Negligence of Wilson-Woodeox

To prevail on a negligence claim, Schwartz was required to prove all three of the following: (1) Wilson-Woodeox owed a legal duty; (2) she breached that duty; and (3) the breach proximately caused his injuries. Van Horn v. Chambers, 970 S.W.2d 542, 544 (Tex.1998); Prime Products, Inc. v. S.S.I. Plastics, Inc., 97 S.W.3d 631, 635 (Tex.App.-Houston [1st Dist.] 2002, pet. denied). Proximate cause requires that the negligent act or omission was (1) a cause-in-fact of the injury, ie., a substantial factor in bringing about the injury and without which it would not have occurred, and (2) foreseeable, ie., a person of ordinary intelligence should have anticipated the danger created by the negligent act or omission. Doe v. Boys Clubs of Greater Dallas, Inc., 907 S.W.2d 472, 477-78 (Tex.1995).

Proximate Cause of Injury

Schwartz testified as follows: He was stopped at a red light at an intersection when Wilson-Woodcox’s car hit his car at a rate of approximately 10 m.p.h. and the impact caused his car to be knocked forward, through the pedestrian crossing, and into the oncoming traffic. He sought compensation for his medical bills, lost time, pain and suffering, and mental anguish. He paid $1,700 in medical bills for treatment and exams. He grosses between $600 and $1500 per hour; he spent about nine and one-half hours at the doctor and therapist. After the accident, he “didn’t feel particularly bad, just little dazed,” and he went to his law office after the accident and started his regular work routine. That afternoon he had a headache that “wasn’t a big deal,” and “wasn’t bad.” The following day, however, the pain got worse. Eventually, after seven weeks, he began to feel better, and he did not suffer permanent physical injury. He suffered mental anguish when his car was knocked into the intersection into oncoming traffic, because it was a “frightening experience.” Wilson-Woodeox testified as follows: She came to a complete stop behind Schwartz’s car at the red light. She then picked up a Coke *122 from the cup holder, took a sip, and tried to put it back into the cup holder while looking at the car in front of her. She missed the holder and spilled the cold drink in her lap. This event caused her to jump and take her foot off of the brake. Although her car rolled forward and tapped Schwartz’s bumper, the impact did not cause Schwartz’s car to roll into the intersection. Immediately after the accident, Wilson-Woodcox and Schwartz got out of their cars and exchanged a few words. Schwartz was “quite the charmer,” and he said he was fíne and was grinning from ear to ear. Schwartz did not seem to be too concerned about the incident. Both drivers then got back into them cars, drove to the parking lot of Stahlman Lumber Company, talked again, and exchanged information. Wilson-Woodcox did not call the police because she did not consider the incident to be an accident, as there was no property damage to either car.

We conclude that there is more than a scintilla of evidence to support the finding that Schwartz did not suffer any injuries proximately caused by Wilson-Woodcox. Furthermore, the evidence is not so weak nor is the finding so against the great weight and preponderance of the evidence that it is clearly wrong and unjust.

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Bluebook (online)
127 S.W.3d 118, 2003 WL 22382575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-forest-pharmaceuticals-inc-texapp-2003.