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Bright v. Simpson

Court of Appeals of Texas, Eleventh District

April 30, 2019

CHRISTINA JUAREZ BRIGHT, Appellant
v.
TRACEY SIMPSON, Appellee

          On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CV-11-10374

          Panel consists of: Bailey, C.J., Stretcher, J., and Wright, S.C.J. [1]

          MEMORANDUM OPINION

          JIM R. WRIGHT SENIOR CHIEF JUSTICE

         Tracey Simpson sued Christina Juarez Bright to recover damages for injuries that she received as the result of a car wreck. After a jury trial, the trial court entered a judgment in favor of Simpson in accordance with the verdict of the jury. This appeal is from that judgment. We reverse and remand.

         Bright testified that, as she drove to work on the morning that the collision occurred, she approached a familiar intersection. As she came up to the intersection, she noticed that the traffic light changed to yellow; she thought that she could safely proceed through the intersection. Bright testified that she was traveling below the speed limit.

         Simpson, however, testified that the traffic light was green when Simpson entered the intersection. The front of Bright's vehicle collided with the side of Simpson's vehicle, and the impact caused Simpson's vehicle to go into the adjacent lane of traffic where it collided with another vehicle. Simpson's vehicle finally came to rest in oncoming lanes of traffic on the other side of the intersection.

         Almost two years after the collision occurred, Simpson sued Bright for damages allegedly suffered as a result of the collision. In her lawsuit, Simpson alleged that Bright's negligence and/or gross negligence caused Simpson's injuries, most of which were related to her back and leg.

         The case went to trial before a jury about seven years after the date of the collision. The jury awarded the following damages to Simpson, for a total of $213, 561.08:

• $50, 000.00 for past physical pain and mental anguish
• $75, 000.00 for future physical pain and mental anguish
• $25, 000.00 for past physical impairment
• $40, 000.00 for future physical impairment
• $23, 561.08 for past medical expenses

         After the jury returned its verdict, Bright filed a motion for judgment notwithstanding the verdict. In her motion, Bright claimed that Simpson did not present any expert medical testimony to support the jury's verdict that the ...


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