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Ponce v. Sandoval

The trial court was not authorized to enter judgment for an amount in excess of the amounts found by the jury merely because the jury findings were so against the weight and preponderance of the evidence as to be manifestly unjust.

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Appellant Judith Howell Ponce, defendant in the trial court, appeals from a judgment by which the trial court disregarded jury findings as to past and future medical expenses of appellee Maria Sandoval, plaintiff in the trial court. The trial court entered judgment against Ponce, notwithstanding the verdict, for amounts greater than the jury found. We reverse and render judgment in accordance with the jury findings.

I. BACKGROUND

On June 20, 1995, an automobile being driven by appellant Judith Howell Ponce ran over Maria Sandoval’s left foot and brushed Sandoval’s lower leg (“the occurrence”). Sandoval sought medical treatment for her injuries at a local hospital emergency room. X-rays taken at the emergency room and records of examinations by emergency room medical personnel showed pre-existing changes in her left foot and in both of her knees. Medical personnel noted that the injury from the accident appeared “minimal.” The emergency room records noted that Sandoval’s blood pressure was elevated and a diagnosis of hypertension (high blood pressure) was made. Sandoval returned to the emergency room several times following June 20, 1995, with symptoms consistent with hypertension and physical findings of high blood pressure. On one occasion she was admitted to the intensive care unit for observation due to elevated blood pressure. Sandoval sued Ponce. The case was tried to a jury.

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