HOUSTON - The First Court of Appeals today reversed a judgment awarding a plaintiff in a motor vehicle collision lawsuit $150,000 in future medical expenses, concluding the evidence is legally insufficient to support the award.
According to the First Court’s opinion, Jimmy Bui and Mary Lou Lara were involved in a motor vehicle accident in Houston. In March 2018, Bui sued Lara alleging that her negligence caused his medical injuries.
The case proceeded to a jury trial and jurors returned a verdict in favor of Bui, awarding him $36,488 in past medical care expenses, $150,000.00 in future medical care expenses, and $13,512.00 in future physical impairment. The trial court entered final judgment based on the jury’s verdict.
On appeal, Lara contends the evidence is legally and factually insufficient to support the jury’s awards of $20,973 for past medical care expenses for treatment at Complete Pain Solutions, and $150,000 for future medical care expenses because Bui did not provide any expert testimony that the automobile accident caused his complained-of injuries.
The First Court concluded that the evidence is legally insufficient to support the award to Bui of $20,973 for past medical care expenses and $150,000 for future medical care expenses.
“We reverse the portion of the trial court’s judgment awarding $20,973.00 in past medical care expenses … and render a judgment for $15,515.00 as damages for Bui’s past medical care expenses,” the opinion states. “We reverse the portion of the trial court’s judgment awarding $150,000.00 in future medical care expenses and render judgment that Bui take nothing for future medical care expenses.
“We further reverse the award of prejudgment interest, and we remand the case to the trial court for the limited purpose of calculating the award of prejudgment interest based on the modified award of damages. We affirm the trial court’s judgment in all other respects.”
Appeals case No. 01-21-00484-CV