BEAUMONT – Judge Mitch Templeton did not err by opting not to grant a new trial in car wreck suit that resulted in a jury awarding no damages, according to an opinion issued by the Ninth Court of Appeals today.
Court records show plaintiff Taylor Carter, who is represented by The Provost Umphrey Law Firm, sued Joseph Pham to recover damages for injuries allegedly sustained in a motor vehicle incident. The case went to trial in July 2019, with jurors finding both parties equally negligent and opting not to award any damage.
In October 2019, Carter filed a motion for new trial, which Judge Templeton denied the following month.
On appeal, Carter argued the jury’s findings of zero damages was against the great weight and preponderance of the evidence – requesting that the Ninth Court reverse Templeton and remand the case for a new trial.
In his reply brief, Pham maintained that a review of the transcripts and exhibits would validate the jury verdict and the decision of Templeton in overruling Carter’s motion for new trial.
“(Taylor) had her day in court, a fair trial to an impartial jury, and the jury did not believe her,” the brief states.
The Ninth Court found that because the jury is the sole judge of the credibility of the witnesses and the weight to be given their testimony, it was free to accept or reject all or part of the testimony and the evidence.
“Therefore, we cannot say that the jury’s failure to award Carter damages was so contrary to the great weight and preponderance of the evidence to be manifestly unjust,” the opinion states. “Considering and weighing all the evidence, we conclude that the evidence supporting the jury’s finding of zero damages is not so weak nor is the jury’s finding so against the great weight and preponderance of the evidence as to be clearly wrong and unjust.
“Moreover, because the jury’s findings are not manifestly unjust, the trial court did not abuse its discretion by overruling Carter’s motion for new trial.”
Carter is represented by Fabiana Baum and John Cowan, attorneys for the Provost Umphrey
Pham is represented by James Boanerges, attorney for the Houston law firm of Jackson, Drews & Boanerges.
Judge Templeton presides over the 172nd District Court in Jefferson County.
Jefferson County District Court case No. E-198936
Appeals case No. 09-19-00449-CV