In a bylined article for Texas Lawyer, the firm’s Weston Hall examines a recent opinion by the Texas Supreme Court clarifying that noneconomic damages awards must be reviewed based on the size of the award and the available evidence. The ruling in Gregory v. Chohan disallowed more than $15 million in noneconomic damages awarded to the widow of a man fatally injured in a multi-vehicle crash on an icy road in November of 2013. Crucially, the Supreme Court acknowledged there was evidence to prove the existence of damages but not the amount of damages.
In analyzing the opinion Mr. Hall writes: “There must be a rational and articulable reason justifying the amount of noneconomic damages awarded to the plaintiff,” If there is no evidence, then the damages are improperly awarded. Plaintiffs’ attorneys will be forced by defense counsel, through expert testimony and cross examination, to provide more concrete evidence substantiating their noneconomic damages and providing a nexus between the numbers alleged and the ‘nature, duration and severity’ of plaintiff’s mental anguish.”
To read the complete article, click here: TXL810202345993.
Attorney: Weston Hall