Opinion

Levinge Corp. v. Ledezma

  • 752 S.W.2d 641
  • 1988 Tex. App. LEXIS 1186
  • 1988 WL 52170
Court
Texas Court of Appeals, 1st District (Houston)
Filed
May 26, 1988
Status
Published
Author
Cohen
On the bench
Smith, Hughes, Cohen
Cited by
11 cases
Authority
More cited than 10.9%

$175,000 award of damages for decedent's pain and suffering upheld although he was conscious and in severe pain for only short time

How later courts described this case

  • $175,000 award of damages for decedent's pain and suffering upheld although he was conscious and in severe pain for only short time
  • sustained $650,000 jury verdict for 40 minutes of pain and suffering and mental anguish incurred by young man before death from skull fracture after fall from flatbed truck
  • crash victim still alive, eyes open, trying to cough when entering ambulance

Written by the judges who cited it.

The opinion

COHEN, Justice,

concurring.

I agree with the result reached in this case. However, I would follow Whipple v. Deltscheff, 731 S.W.2d 700, 703 (Tex.App.-Houston [14th Dist.] 1987, writ ref’d n.r.e.), and hold as a matter of law that “grief and bereavement” are elements of “mental anguish.” I can find no basis to permit recovery of damages for “mental anguish,” plus a separate, additional recovery for “grief and bereavement.” If there is a distinction, it is a very fine distinction, and not worthy of the machinations required of litigants and courts attempting to avoid a double or overlapping recovery of damages. “Distinctions which are too fine are apt to lead to needless perplexities and purely legalistic results.” Houston Transit Co. v. Felder, 146 Tex. 428 , 208 S.W.2d 880, 883 (1948). It would be more fair to submit a single “mental anguish” issue, accompanied by an instruction broad enough to include every type of mental anguish, including “grief and bereavement,” and all the others.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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