In re Noble
| Decision Date | 04 November 2016 |
| Docket Number | No. 06-16-00032-CV,06-16-00032-CV |
| Parties | IN THE MATTER OF THE MARRIAGE OF KERRY BRYON NOBLE AND GAYLA RENEE NOBLE |
| Court | Texas Court of Appeals |
On Appeal from the 62nd District Court Franklin County, Texas
Before Morriss, C.J., Moseley and Burgess, JJ.
Two weeks after her marriage to Kerry Bryon Noble (Noble) in October 2014, Gayla Renee Lawrence (Lawrence) moved out of the marital home after having been physically abused by Noble. Although Noble filed for divorce around the same time, the couple reconciled, only to finally separate in May 2015. After Noble petitioned for divorce, Lawrence filed a counter-petition seeking, among other things, damages for several instances of assault during the marriage. The trial court granted the divorce on the grounds of cruelty and divided the property. Lawrence was awarded damages of $250,600.00, which included damages for disfigurement; past and future physical pain, suffering, and mental anguish; and past medical expenses. Noble does not dispute that he assaulted Lawrence, but complains only of the damages awarded against him.
We affirm the trial court's judgment because (1) sufficient evidence supports the awards for pain, suffering, and mental anguish; (2) sufficient evidence supports the award for disfigurement; (3) sufficient evidence supports the award for medical expenses; and (4) sufficient evidence supports the finding that the Rolex watch is Lawrence's separate property.
Within a few weeks of meeting Lawrence in the summer of 2014, Noble gave her a Range Rover and deeded a one-half interest in his Winnsboro home to her. During that time, Noble was living in a halfway house in Tyler following his release from prison. When he was evicted from the halfway house in June 2014 for rules violations, Lawrence and Noble moved into the Winnsboro home. Noble was arrested in July, served time in the Titus County Jail, and was released from jail October 12. The couple married October 14.
Noble's abuse of Lawrence began on their honeymoon. Lawrence was awakened one night at the Adolphus Hotel in Dallas1 by Noble, who "jerked" her out of bed by her hair and threw her into the wall and across the room. Hotel staff contacted law enforcement, and the couple was asked to leave the hotel.2 After that, Noble hit Lawrence at least three times a week. Lawrence left Noble for a short time, but reunited with him after he repeatedly promised to seek counseling and attend church. Although the couple attended several sessions of marriage counseling, Noble eventually refused to continue after the counselor witnessed Noble hitting Lawrence in the car as the couple was leaving a counseling session.
In a second attempt to persuade Lawrence to stay with him, Noble signed over to her the title to his 2010 Mercedes automobile. That gift was followed by Noble's promise to attend counseling with a new marriage counselor in December 2014. The couple visited that counselor only "a couple" of times. Then, in January, Noble inflicted a series of physical assaults on Lawrence during which Noble poured coffee on her, kicked her, hit her in the head, forced scarves down her throat, and pinned her down with his knees. As he was attempting to remove the wedding ring from Lawrence's finger, Noble told her that he was going to break her finger. Lawrence described this series of assaults as "an a** whooping"3 and reported it to the Winnsboro police January 21, 2015.
Photographs of Lawrence's injuries, taken by the Winnsboro police, depict an injury to her right arm and bruising of the left arm. Scars resulting from those injuries remain.4 The photographs also depict bruising to the right thigh and an injury to the right shin. The resulting scarring is still visible.
Lawrence left Noble after the January assaults, but returned home in February after Noble promised to move into his mother's home. Noble, however, did not move as promised, and the frequency of the assaults increased after Lawrence returned to the couple's home. Noble would not permit Lawrence to leave the house, and he hit her five to six times a week until the assaults occurred on a daily basis. At one point, Noble hit Lawrence with a metal wall hanging, leaving a scar between her eyes.5 In June 2015, Noble slammed Lawrence's head into the dashboard of her car, causing a black eye. He "threw [her] all over" and pinned her under the steering wheel. Hechoked her and hit her during that incident as well. Lawrence was able to make a 9-1-1 call, and the Hopkins County Sheriff's Department responded and arrested Noble.6
In August 2015, Lawrence applied for, and received, a protective order against Noble. In the attached affidavit, Lawrence described incidents of violence that happened in June of that year, as well as the abusive treatment she endured at the hands of Noble throughout the relationship. She testified that Noble hit her in the head multiple times, poured hot coffee on her, choked her multiple times, slammed her head into walls multiple times, slammed her head on tile and hardwood floors, whipped her across the back and head with an extension cord, threw objects at her, and hit her with a door jamb. Noble slammed her forehead into the dashboard of the car, causing a black eye, and sexually assaulted her. She described multiple scars on her right arm and legs from being thrown into cabinets and walls, as well as from skidding across the floor. She described the scar between her eyes as well. Lawrence stated that she was thrown on her right upper thigh so frequently that scar tissue had accumulated. Noble did not let Lawrence seek medical care for her injuries and did not permit her to attend routine medical appointments because she was bruised.
Lawrence described many instances of being locked in the house without the use of a telephone and stated that she was not permitted to call her children or talk to anyone. On one occasion, Noble let the air out of the tires on Lawrence's car so she could not drive; and he tookher purse, driver's license, social security card, bank card, and cash. He would not permit her to get a job.
In addition, Noble verbally and emotionally abused Lawrence, telling her that she was good for nothing since she did not earn a paycheck and that she was good only for sex. He would rarely let her cook, clean, or work in the yard. She was made to sit beside Noble or lie in the bed beside him. He would not allow her the dignity of using the restroom in private. She was not permitted to answer the door. Her showers were timed, and Noble would drag her out if she was taking too long. Noble repeatedly told her that everyone hated her, including her family, his family, and the neighbors. He threatened to call Child Protective Services if she refused to do what he told her to do and told her he had "been putting meth in [her] coffee" and had a friend conduct a hair-follicle test on her, which came back positive. He threatened to use that information against her if she refused to do what he wanted her to do. Noble told Lawrence that he would kill her if she left him.
A licensed vocational nurse of twenty years, Lawrence no longer feels as if she can work in her chosen profession. She is nervous at work and questions her judgment and ability to take care of patients because she has lost her confidence, a feeling she never experienced before her marriage to Noble. Because Noble would not permit her to leave the house, Lawrence's license as a vocational nurse lapsed. Although she has since renewed her license, Lawrence is now training to begin a new job in freight brokering.7
Lawrence testified that she does not sleep well, and sleeps—when she is able—on the couch, because she feels that she needs to be alert. She is frightened of Noble and indicated that Noble "constantly had somebody doing something bad for him." Noble has "already sent somebody to [her] house once" and has threatened to Noble frequently told Lawrence that he would bring her down and destroy her. He likewise frequently told her, "You won't walk out of here alive today." Lawrence described her feeling of being disconnected and her discomfort in going out and in communicating with people. She cries frequently and stated that crying "seems like all I ever do." Due to her lack of trust, she feels uncomfortable dating.
Lawrence testified that she endures daily physical pain in her hips and legs8 and began being treated by a chiropractor, Tim Davis,9 in May 2015. Photographs of Lawrence's injuries taken by Davis depict a scar between the eyes, a bruised right eye, and bruising on the right forearm. Davis diagnosed Lawrence with a neck sprain/strain, lumbar sprain, bursitis of the right hip with accumulated scar tissue, and muscle spasms. Lawrence underwent a course of physical and physiotherapy for approximately one month. Her condition improved, but it was not an "easy treat," as there were other stressors involved. Davis did not see Lawrence as much as he had planned to.
Noble claims that the evidence is legally and factually insufficient to support the trial court's awards of $200,000.00 for past pain, suffering, and mental anguish and $25,000.00 for future pain, suffering, and mental anguish. Noble further claims that, even if the evidence is sufficient to support an award for these elements of damage, the award is excessive.
In this case, the trial court issued findings of fact and conclusions of law.10 Findings of fact in a case tried to the court have "the same force and dignity as a jury's answers to juryquestions." Lambright v. Trahan, 322 S.W.3d 424, 430 (Tex. App.—Texarkana 2010, pet. denied) (quoting .39 Acres v. St...
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