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· 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 CourtListener

Sourced 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.