United States District Court, N.D. Texas, Dallas Division
KEVIN L. BAIRD, Plaintiff,
OTGONBAATAR SHAGDARSUREN & DBN CARRIER, INC., Defendants.
MEMORANDUM OPINION AND ORDER
J. BOYLE UNITED STATES DISTRICT.
the Court is Plaintiff Kevin L. Baird's Motion as to the
Non-Applicability of Texas Civil Practice and Remedies Code
§ 18.091 (Doc. 58). Plaintiff requests that this Court
hold that § 18.091 is inapplicable in this
personal-injury case. Having considered the Motion, the
filings, and the relevant law, the Court
DENIES the Motion for the following reasons.
a motor-vehicle injury case by Plaintiff Kevin L. Baird to
recover from Defendants Otgonbaatar Shagdarsuren and DBN
Carrier. Doc. 1, Notice of Removal, 1. Plaintiff originally
sued Defendants in the County Court at Law No. 3 of Dallas
County, Texas, and Defendants removed the case to this Court
based on diversity jurisdiction. Id.
now requests that the Court hold that Texas Civil Practice
& Remedies Code § 18.091 is not applicable to
Plaintiff's presentation of lost wages and loss of
earnings capacity. Doc. 58, Pl.'s Mot., 1. Defendants
have since responded (Doc. 60), and as the time for a reply
has passed, the Court now addresses the issue.
primary objective in statutory interpretation is to
effectuate the Texas Legislature's intent. Molinet v.
Kimbrell, 356 S.W.3d 407, 411 (Tex. 2011). The best
expression of legislative intent is the plain meaning of the
text unless the plain meaning leads to absurd or nonsensical
results. Id. Courts reject interpretations of a
statute that defeat its purpose so long as other
interpretations are reasonable. Nootsie Ltd. v.
Williamson Cty. Appraisal Dist., 925 S.W.2d 659, 662
wishes to exclude § 18.091 from this case to potentially
receive a greater damages award. With § 18.091,
Plaintiff is required to present his lost wages and future
income after-tax. Without § 18.091, Plaintiff
could present his lost wages and future income
pre-tax. Therefore, Plaintiff could present and
receive a greater damages award if the Court were to find
that § 18.091 is inapplicable.
Civil Practice & Remedies Code § 18.091 is a
two-part section describing how certain damages calculations
must be presented to the jury and how the Court is to
instruct the jury regarding such damages. Tex. Civ. Prac.
& Rem. Code § 18.091. Subsection (a) describes under
what circumstances a party must deduct the cost of taxes from
a damages request:
Notwithstanding any other law, if any claimant seeks recovery
for loss of earnings, loss of earning capacity, loss of
contributions of a pecuniary value, or loss of inheritance,
evidence to prove the loss must be presented in the form of a
net loss after reduction for income tax ...