Structural Metals, Inc. v. Impson

• Decision Date: 29 December 1972
• Docket Number: No. 591,591
• Citation: 489 S.W.2d 740
• Parties: STRUCTURAL METALS, INC., et al., Appellants, v. Grover IMPSON et al., Appellees.
• Court: Texas Court of Appeals

Page 740

489 S.W.2d 740

STRUCTURAL METALS, INC., et al., Appellants, v. Grover IMPSON et al., Appellees.

No. 591.

Court of Civil Appeals of Texas,

Corpus Christi.

Dec. 29, 1972.

Rehearing Denied Jan. 11, 1973.

Keys, Russell, Watson & Seaman, M. W. Meredith, Jr., Corpus Christi, for appellants.

Edwards & DeAnda, William R. Edwards, Joe Longley, Corpus Christi, for appellees.

OPINION

NYE, Chief Justice.

This case has been remanded to this Court by the Supreme Court for consideration of the excessiveness of the jury verdict. Impson v. Structural Metals, Inc. et al. and on Motion for Rehearing, 487 S.W.2d 694. This action for damages originally arose out of a tragic highway accident between a truck owned and operated by the defendants Structural Metals, and Joe Polanco, respectively, and an automobile in which three people were killed, including Mrs. Impson. Mr. Grover Impson and his daughter, Mrs. Ida Frances LeBourveau were passengers and were seriously injured. See 469 S.W.2d 261 (Tex.Civ.App.--Corpus Christi, 1971, writ granted) for complete details. It is the excessiveness of the damages awarded to the two passengers that we now consider.

Mrs. Ida Frances LeBourveau was first treated by Dr. Howard E. Lancaster of Beeville in the emergency room of the hospital immediately after the accident. When he examined her he found that she had some broken ribs, some air in her chest, a fracture of her leg below the knee, plus general bruises. The next day after the accident Mrs. LeBourveau was examined by Dr. Joseph Wright, an orthopedic surgeon, of Corpus Christi. He found that she had multiple fractures of her ribs on both the right and left sides, had free air outside of her lung from a punctured lung, plus fractures in her right pelvic area and a fracture of her left leg between her knee and ankle. Mrs. LeBourveau required that a tube be placed into the periphery of the chest to drain the air. In a few days it was found to be necessary to place her under general anesthesia to reset the leg fractures. With respect to her leg fracture, there was one fracture through the fibia and three fractures through the tibia bones. On final examination by Dr. Wright just prior to the trial, (eighteen months after the automobile accident) Mrs. LeBourveau was still using a cane when she walked. Dr. Wright found that she had decreased strength in the quadriceps muscle (the great extensor muscle of the front of the thigh) near the left knee, plus discomfort in the left ankle and a flattening of her arch. The doctor testified that Mrs. LeBourveau stated that she tired easily, did not sleep well, recalled and dreamed of the automobile accident frequently. The doctor thought that she had aged an abnormal amount since the accident. Dr. Wright stated that he thought Mrs. LeBourveau's ankle injuries and discomfort would have some permanent residual effect.

Special Issue No. 7 was the damage issue with respect to the injuries of Mrs. LeBourveau. The issue inquired in nine separate elements, the damages she sustained. The jury found total damages for all injuries in the amount of $46,227.00. Defendants' only attack as excessive, the damage awarded to Mrs. LeBourveau in subdivision 'f'. There the jury answered that 'the loss of earning capacity and capacity to perform services in the home which in reasonable probability Mrs. LeBourveau would sustain in the future', amounted to: $27,152.00.

The evidence clearly shows that because of the injuries and the pain resulting from the accident, Mrs. LeBourveau was unable to begin a teaching career that would have paid her at the outset $6,239.00 per year. Additionally, there was evidence that showed that she was unable to perform any but the vary lightest of household chores. Other evidence indicated that Mrs. LeBourveau had stated that her nerves were not the same as before the accident and that now she was liable to 'blow a fuse' in spite of the fact that she had previously been a very, very even tempered person. Her husband testified that his wife has a tendency to be irritated much more rapidly then she used to and her nerves seem frayed. Her doctor testified that the type of injuries she sustained would cause a person to have anguish and worry. All of which reflects on her ability to perform adequately in the home and on the job.

Turning next to the evidence of the injuries of Mr. Grover Impson, the record showed that he was 78 years of age at the time of trial. His wife was killed in the automobile accident. He and his wife had been married for 55 years. Since the accident Mr. Impson had lost his eyesight from a cause unrelated to the accident. This caused him to be unable to do as much for himself as he could have done prior to the accident. Dr....