Appeal from the 269th District Court Harris County, Texas
Trial Court Cause No. 2016-54364
consists of Justices Christopher, Hassan, and Poissant
(Poissant, J., dissenting).
Roel Saenz-Guerrero and appellee Jeffrey Gardner were
involved in a vehicle collision and Saenz-Guerrero sued
Gardner for negligence. The parties proceeded to trial and
the jury returned a verdict in Gardner's favor.
Saenz-Guerrero appealed and asserts error in the trial
court's jury charge. We overrule Saenz-Guerrero's
challenge and affirm the trial court's final judgment.
early-morning hours of August 20, 2015, Saenz-Guerrero was
driving to work in stop-and-go traffic. Saenz-Guerrero
brought his truck to a complete stop and was rear-ended by a
vehicle driven by Gardner. Saenz-Guerrero's truck
sustained damaged on its bumper and tailgate and
Saenz-Guerrero went to the hospital that evening for neck and
back pain. Several days later, Saenz-Guerrero saw a
chiropractor for his back pain and was prescribed various
treatments, including electric shocks, injections, and
physical therapy. According to Saenz-Guerrero, he continues
to have lower back pain and his doctor has recommended
sued Gardner for negligence and the parties proceeded to a
jury trial. After the parties rested, the trial court
instructed the jury as follows:
Question No. 1
Did the negligence, if any, of Jeffrey Gardner proximately
cause the injuries in question?
Answer "Yes" or "No."
If you have answered "Yes" to Question No. 1, then
answer the following question. Otherwise, do not answer the
Question No. 2
What sum of money, if paid now in cash, would fairly and
reasonably compensate Roel Saenz-Guerrero for his injuries,
if any, that ...