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City of Paris, Texas v. McDowell

A party who fails to make, amend, or supplement a discovery response in a timely manner may not introduce in evidence the material or information not timely disclosed unless the trial court finds there was good cause for the failure to timely make, amend, or supplement the discovery response, or the failure will not unfairly surprise or unfairly prejudice the other party.

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OPINION

Felix McDowell sued the City of Paris, Texas, and Tony Waggoner for damages, alleging that Waggoner negligently caused a rear-end collision with a vehicle driven by McDowell, and that Waggoner was acting within the course and scope of his employment with the City when the collision occurred. The City did not contest negligence, and the case was tried before a jury on the issues of causation and damages. The jury awarded McDowell approximately $16,000.00 in damages, but did not award him any damages for pain and suffering or for loss of earning capacity. *fn1

McDowell filed a motion for new trial, contending that the jury’s finding was against the great weight and preponderance of the evidence. The trial court granted McDowell’s motion. McDowell then filed a motion to consolidate the case with a negligence suit he had filed against L. A. Davidson arising from another rear-end collision that occurred after the collision involving Waggoner. The record shows the collision with the City’s vehicle driven by Waggoner occurred in April 1993, and the collision with Davidson occurred in October 1996. In his motion, McDowell contended the two cases involved common issues of fact because both Davidson and the City would argue that McDowell’s injury resulted from the collision caused by the other. The trial court granted McDowell’s motion. *fn2

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