Weidner v Sanchez

• Decision Date: 17 February 2000
• Citation: 14 S.W.3d 353
• Parties: <!--14 S.W.3d 353 (Tex.App.-Houston 2000) GARY LEROY WEIDNER AND LIBERTY CAB COMPANY, INC., Appellants v. MATILDE S. SANCHEZ, Appellee NO. 14-98-00078-CV Court of Appeals of Texas, Houston
• Court: Texas Court of Appeals

Page 353

14 S.W.3d 353 (Tex.App.-Houston [14th Dist.] 2000)

GARY LEROY WEIDNER AND LIBERTY CAB COMPANY, INC., Appellants v MATILDE S. SANCHEZ, Appellee

NO. 14-98-00078-CV

Court of Appeals of Texas Houston.

February 17, 2000.

Rehearing Overruled March 23, 2000.

On Appeal from the County Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 651,819

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[Copyrighted Material Omitted] Panel consists of Justices Amidei, Edelman, and Wittig.

O P I N I O N

MAURICE E.AMIDEI, Justice.

Appellants, Gary Leroy Weidner and Liberty Cab Company, Inc., appeal from a judgment in a personal injury suit in favor of appellee, Matilde S. Sanchez. In eight points of error, appellants assert the trial court erred because it (1) lacked jurisdiction over the cause; (2) denied a motion for mistrial; (3) overruled a motion for a directed verdict; (4) granted judgment on erroneously submitted jury questions; (5) denied post-verdict motions to vacate the judgment, for judgment N.O.V., and for a new trial; (6) entered judgment where the evidence is legally and factually insufficient to support the verdict; (7) granted Sanchez leave to file an amended petition; (8) made findings of fact; and, (9) awarded future damages and prejudgment interest on future damages. We affirm.

Liberty Cab Company contracted with Houston Metropolitan Transit Authority (Metro) to transport infirm and handicapped passengers. While transporting Sanchez to her home from her doctor's office pursuant to this contract, Liberty cab driver Gary Weidner ran a stop sign and collided with another vehicle. Sanchez left the scene of the accident and walked to her home less than a block away. Later in the day, Sanchez's daughter took her to the emergency room of Parkway Hospital where she was examined and released.

A few days later, Sanchez sought treatment from Dr. Justo Avila, a board-certified orthopedic surgeon. Avila treated Sanchez for approximately six months. During this time, Sanchez filed a personal injury suit against Weidner and Liberty Cab in a Harris County civil court at law alleging actual damages of $95,000. Trial was set for August, 1997. In early May, Avila testified by deposition that Sanchez's injuries were permanent. Later that month Sanchez amended her petition to assert actual damages of $210,000.

When the statutory county court called the case, appellants challenged the trial court's jurisdiction and the trial court carried the jurisdictional question with the case. After a trial on the merits, the jury found Weidner and Liberty Cab jointly and severally liable for Sanchez's injuries and awarded her damages in excess of the actual damages she sought in her amended petition. The county court entered judgment on the verdict. Appellants filed motions challenging the jurisdiction of the county court and seeking to set aside the judgment or to receive a new trial, which the trial court denied.

I. JURISDICTION

In their first point of error, appellants contend the Harris County court at law erred in accepting a verdict and granting a final judgment because it lacked subject matter jurisdiction over the case. Jurisdiction is conferred by the Texas Constitution and statutory enactments, together with the existence of facts necessary for the court to exercise its jurisdiction. Lee v. El Paso County, 965 S.W.2d 668, 671 (Tex. App.--El Paso 1998, pet. denied). Whether a court has jurisdiction to hear a case is a question of law. Id. If a court lacks subject matter jurisdiction, it has no discretion but to dismiss the case. American Pawn and Jewelry, Inc. v. Kayal, 923 S.W.2d 670, 672 (Tex. App.--Corpus Christi 1996, writ denied). We presume in favor of a trial court's jurisdiction unless lack of jurisdiction affirmatively appears on the face of the petition. Lee, 965 S.W.2d at 671. The party seeking dismissal for lack of jurisdiction maintains the burden of proof. Id.

Sections 25.0003 and 25.1032 of the Texas Government Code, respectively, are the general grant of jurisdictional authority to statutory county courts and the specific grant of jurisdictional authority to Harris County civil courts at law. See TEX. GOV'T CODE ANN. 25.0003; 25.1032 (Vernon 1988 & Supp. 1999); Continental Coffee Products Co. v. Cazarez, 937 S.W.2d 444, 447-49 (Tex. 1996). "Together, these provisions grant Harris County civil courts at law concurrent jurisdiction with district courts in civil cases in which the amount in controversy falls within a certain jurisdictional dollar limit for statutory county courts." Continental Coffee Products Co., 937 S.W.2d at 448. Specifically, the jurisdictional limit of the civil courts at law is more than $500 but less than $100,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs. See TEX. GOV'T CODE ANN. 25.0003(c)(1) (Vernon Supp. 1999).

Appellants contend the record and Sanchez's petitions are proof that she filed the suit in the county court at law in bad faith, thus depriving the county court of its jurisdiction over the cause. In the alternative, appellants contend the trial court lacked jurisdiction because Sanchez exceeded the jurisdictional limit by requesting prejudgment interest and because the trial court dismissed the case after the trial on the merits.

A. Bad Faith

Appellants contend Sanchez's trial attorney filed the original petition in bad faith, without fully investigating the extent of Sanchez's injuries. Appellants maintain Sanchez knew or should have known at the time she filed her original petition that her injuries were permanent and alleged the greater damages in her original petition. Appellants further assert Sanchez's attorney pleaded an arbitrary $95,000 value simply to secure jurisdiction in a statutory county court adhering to a pattern of at least forty-one other suits filed by Sanchez's attorney valuing the injury at $95,000.

"Jurisdiction is based on the allegations in the petition about the amount in controversy." Continental Coffee Products, Co., 937 S.W.2d at 449. Generally, once a trial court lawfully and properly acquires jurisdiction, "no later fact or event can defeat the court's jurisdiction." Id. Jurisdiction continues even if the plaintiff subsequently amends the petition by increasing the amount in controversy above the court's jurisdictional limits, if the additional damages accrued because of the passage of time. See id. "Where the plaintiff's original and amended petitions do not affirmatively demonstrate an absence of jurisdiction, a liberal construction of the pleadings in favor of jurisdiction is appropriate." Id. Moreover, "[i]n the absence of pleading and proof that the allegations in a plaintiff's original petition have been made fraudulently or in bad faith, the fact that the plaintiff's amended petition alleges damages in excess of the court's jurisdictional limit does not necessarily deprive the court of its jurisdiction, over the case." Cantu v. J. Weingarten's, Inc. 616 S.W.2d 290, 291 (Tex. Civ. App.-Houston [1st Dist.] 1981, writ ref'd n.r.e.); see also Continental Coffee Products Co.,937 S.W.2d at 449.

In this case, the record does not affirmatively establish that Sanchez and her trial attorney knew or should have known her injuries were permanent at the time she filed her original petition. The record shows that Avila treated Sanchez from April 6, 1995, to September 28, 1995 for an acute cervical and lumbar sprain with spondylosis. Avila noted in his initial report that x-rays of Sanchez's thoracic spine showed arthritic changes with osteoporosis and x-rays of the cervical spine showed reversal of the cervical curve and narrowing of C5-6. Avila recommended that Sanchez wear a brace and undergo physical therapy. At the time Sanchez filed her original petition on July 24, 1995, she was still complaining of pain in her neck and back, still seeing Avila on a regular basis, and still undergoing physical therapy.

In his deposition on May 14, 1997, Avila, for the first time, said that he believed Sanchez's injury was permanent because of her age, and that she would continue to suffer pain because of the injury. Avila attested that from the initial examination he determined Sanchez had arthritis and the injury Sanchez sustained from the motor vehicle accident aggravated the arthritis. Even though Avila made this determination from x-rays taken in 1995, Avila said additional x-rays were unnecessary because progressive deterioration of the spine or further aggravation of the arthritis would take years before showing up on the x-rays. He said, "If she still complained of a lot of pain at that, five months of taking care of her, I would do more tests probably, this x-ray, like you say. . . . I would do MRI, CAT scan, maybe, and things like that, yeah." Avila did not treat Sanchez after September 28, 1995.

Likewise, neither the original petition nor the amended petition affirmatively demonstrate an absence of jurisdiction. In her amended petition, Sanchez averred that the increase in actual damages over the jurisdictional amount accrued due to the passage of time and that she did not know the full extent of her injuries at the time she filed the original petition. At the pretrial hearing on appellants' plea to the jurisdiction, Sanchez's trial attorney argued that when the original petition was filed, Sanchez was expected to get well, but she did not get well. Sanchez's trial attorney said he did not know Avila considered Sanchez's injuries to be permanent until he took Avila's deposition, after which he filed the amended petition.

At the post-trial hearing on the motion to enter judgment, appellants once again argued that the record presented a pattern by which Sanchez's trial attorney claimed damages of $95,000 on each case filed over a period of time. Sanchez's trial attorney argued that petitions...