· 4/8/2010
Figueroa v. Davis
Citations
- 318 S.W.3d 53
- 2010 Tex. App. LEXIS 2574
- 2010 WL 1571195
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that fact-finder may choose to believe one witness over another
- noting that damages for pain and suffering are “necessarily speculative” and that each case should be judged on own facts
- stating that amount of damages awarded for pain and suffering is “necessarily speculative” and “each case must be judged on its own facts”
- noting that, given the lack of objective measures, so-long as some compensable mental anguish has béen established, the task of fixing the exact amount of damages is “generally left to the discretion of the fact finder”
- providing standard for factual sufficiency review of finding on which appellant did not have burden of proof
- loss of enjoyment of life, if separate from mental anguish and physical pain, is recoverable under physical impairment
Source: CourtListener parenthetical corpus (CC0).
Judges: Sherry Radack
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.