Proving Noneconomic Damages Post-'Gregory v. Chohan'
"Damages must be proven to be 'genuinely compensatory' based on a 'rational connection' developed by a plaintiff to show a rational basis and connection between the 'injuries suffered and the amount awarded,'" say attorneys Elisa Reiter and Daniel Pollack.
February 06, 2024 at 10:00 AM
7 minute read
This past summer, the Texas Supreme Court considered the issue of the size of the noneconomic damages in Gregory v. Chohan. The underlying case involved a wrongful death. An 18-wheeler driven by Sarah Gregory jackknifed near Amarillo Texas, crossing lanes of traffic, and resulting in the death of four people. Bhupinder Deol died as a result of the accident. Deol worked as a truck driver and was described as "a husband, son, and father of three." Several other vehicles were involved in the accident.
The estate of Deol and his family "sued Gregory and New Prime, among others, seeking compensatory damages for (1) economic losses caused by Deol's death, (2) Deol's conscious pain and suffering, and (3) the mental anguish and loss of companionship suffered by his wife, three children, and parents." The estates of the other decedents and the other decedents' families intervened in the Deol case. However, one group (the Jones parties) settled prior to trial. The Deol, Vasquez, and Perales plaintiffs proceeded to trial. The jury awarded approximately $39 million to the plaintiffs, of which the Deol family was awarded $16,447,272.31. Of that sum, $15,065,000 was to compensate the Deol family for "past and future mental anguish and loss of companionship."
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