Southwest Texas Coors, Inc. v. Morales

948 S.W.2d 948, 1997 Tex. App. LEXIS 3571, 1997 WL 375367
CourtCourt of Appeals of Texas
DecidedJuly 9, 1997
Docket04-96-00530-CV
StatusPublished
Cited by57 cases

This text of 948 S.W.2d 948 (Southwest Texas Coors, Inc. v. Morales) 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
Southwest Texas Coors, Inc. v. Morales, 948 S.W.2d 948, 1997 Tex. App. LEXIS 3571, 1997 WL 375367 (Tex. Ct. App. 1997).

Opinions

OPINION

STONE, Justice.

This appeal raises questions about the proper standard of review applicable to expert medical testimony when the evidence suggests the claimant suffered an aggravation of a pre-existing medical condition. Southwest Texas Coors, Inc. and Javier Hernandez (hereinafter collectively “Coors”) appeal from a jury verdict awarding $239,000 to Mario Morales and $15,000 to Irma Morales for damages Mario sustained in a car accident. This appeal concerns only Mario’s award. Because we find the lay and expert evidence factually sufficient to support the verdict, we affirm.

Factual & Procedural Background

On April 7, 1993, Mario was stopped at an intersection in Eagle Pass, Texas waiting to make a left-hand turn. Javier Hernandez, driving a Coors van during the scope of his employment, struck the rear of Mario’s pickup truck. The physical evidence at the accident scene indicated that Hernandez did not apply his brakes prior to impact; the front [950]*950bumper of the Coors’ van was bent into its tires; Mario’s truck bed was driven into the cab causing damage to the cab and frame of the truck; and a hitch ball on Mario’s 10-ineh steel alloy bumper was knocked off and never found. The force of the impact threw Mario into his steering wheel causing temporary loss of breath. Mario was placed on a stretcher and transported to the hospital in an ambulance.

Mario brought general negligence claims against Coors and the ease was tried to a jury. The evidence indicated that Mario sustained a whiplash-like injury in the accident. Additionally, Mario alleged that a pre-exist-ing congenital back condition, spondylolisthe-sis, was aggravated by the trauma. In one broad-form damage question the jury was asked to determine an amount to compensate Mario for any injuries that resulted from the collision. As noted, the jury awarded $239,-000 in damages to Mario. The trial court entered judgment on the verdict. Coors’ motion for new trial was overruled by operation of law.

Factual Insufficiency

Coors complains that the evidence is factually insufficient to support the $239,000 award. Our review of a factual sufficiency challenge is guided by well established rules. The reviewing court considers and weighs all the evidence, and sets aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986). The reviewing court does not pass on the credibility of the witnesses or the weight given their testimony, and it does not interfere with the jury’s resolution of conflicts of evidence. Lawson-Avila Constr., Inc. v. Stoutamire, 791 S.W.2d 584, 594 (Tex.App.—San Antonio 1990, writ denied). The jury is the sole judge of the credibility of the witnesses and the weight to be given their testimony, Novosad v. Mid-Century Ins. Co., 881 S.W.2d 546, 548 (Tex.App.—San Antonio 1994, no writ), and is free to believe one witness and disregard others. Peterson v. Reyna, 908 S.W.2d 472, 476 (Tex.App.—San Antonio 1995), aff'd. as modified on other grounds, 920 S.W.2d 288 (Tex.1996). In fulfilling our duty, we are mindful that we do not sit as the thirteenth juror and we should exercise great restraint in reversing a jury verdict on sufficiency of the evidence. See Carr v. Jaffe Aircraft Corp., 884 S.W.2d 797, 799, 802-03 (Tex.App.—San Antonio 1994, no writ).

Coors contends that these standards of review, which defer to the jury’s right to resolve conflicts in the evidence and to accept or reject any part of witness testimony, are inapplicable to the instant case. Rather, Coors claims the sole issue before the jury was whether Mario’s pre-existing back condition was aggravated by the accident, and that only expert testimony could be considered in resolving that issue. See T.E.I.A. v. Espinosa, 367 S.W.2d 667, 669 (Tex.1963) (holding that lay testimony could not support finding that injury to left eye affected entire body when medical experts found no evidence connecting injury with other disabilities); Houston General Ins. Co. v. Pegues, 514 S.W.2d 492, 495 (Tex.Civ.App.—Texarkana 1974, writ ref'd n.r.e.) (noting that aggravation of disease is subject in which only expert testimony has probative value). Coors further claims that Mario failed to present probative medical evidence establishing aggravation of his pre-existing medical condition, and that consequently, the award of damages is manifestly unjust. We disagree with Coors’ assessment of the posture of this case and how it was pled and tried to the jury.

The pleadings upon which Mario proceeded to trial, the evidence presented, and the jury charge, all demonstrate that the case was plead and tried in terms of general negligence and not solely as an aggravation issue. The record establishes that following the accident, Mario was treated by his physician of several years, Dr. Gonzales-Rios. Initially Dr. Rios treated Mario for strained muscles and ligaments in his neck and back and prescribed medication for Mario’s severe pain. In addition to his initial diagnosis of whiplash, Dr. Rios believed that the accident aggravated Mario’s pre-existing back condition and caused spinal instability. Dr. Rios’ determination that the accident aggravated Mario’s condition was based upon a 1995 MRI film indicating vertebral displacement, [951]*951Mario’s complaints of persistent pain, and multiple physical examinations from April 1993 through March 1995, in which Mario demonstrated physical impairment such as lumbar dysfunction and muscle spasms. Dr. Rios recommended lumbar surgery and a fusion to correct Mario’s spinal instability.

In addition to Dr. Rios, three other doctors testified regarding whether Mario’s condition was aggravated by the Coors accident. All three doctors compared pre-accident and post-accident x-ray images, and concluded that this objective evidence did not indicate a change in Mario’s spinal condition. The doctors did agree, however, that Mario sustained a whiplash-like injury in the accident. The jury also learned that of these three doctors, only one, Dr. Garza-Vale, had met with and examined Mario. Further, the jury learned that Dr. Murrary, a radiologist who testified for the defense, was a long-time personal friend of Coors’ counsel. The jury was free to consider these facts in assessing the credibility of these witnesses and the weight to be given to their testimony. Additionally, Dr. Murrary and Dr. Hernandez stated that a final diagnosis should not be based solely on x-ray films. The jury could infer from those statements that Dr. Rios, as Mario’s treating physician, was in a better position to determine whether Mario’s condition was aggravated by the accident.

Coors argues, however, that Dr. Rios’ testimony does not support the damage award because Dr.

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

Related

Untitled Case
S.D. Texas, 2026
Medina v. United States
S.D. Texas, 2025
Jennifer Bark v. Jason Keen
Court of Appeals of Texas, 2020
Amber M. Cate v. Carolyn S. Posey
Court of Appeals of Texas, 2018
Jama Brisco Flynn v. Sandra Olsen Racicot
Court of Appeals of Texas, 2013
Corey A. Bell v. Trinidad M. Castro
Court of Appeals of Texas, 2012
Nowak Construction Co., Inc. v. Oscar Avalos
Court of Appeals of Texas, 2012
Ruiz v. Guerra
293 S.W.3d 706 (Court of Appeals of Texas, 2009)
Larry Johnson v. State
Court of Appeals of Texas, 2009
Casas v. Paradez
267 S.W.3d 170 (Court of Appeals of Texas, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
948 S.W.2d 948, 1997 Tex. App. LEXIS 3571, 1997 WL 375367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southwest-texas-coors-inc-v-morales-texapp-1997.