Longoria v. Hunter Express, Ltd., No. 17-41042 (5th Cir. 2019)Annotate this Case
Plaintiff filed a negligence action against Hunter Express and its employee after the employee's truck collided into plaintiff's truck, causing him permanent injuries. The jury found defendants fully liable for the accident and awarded plaintiff over $2.8 million in damages.
Addressing the grounds for a new trial that defendants did present to the district court, the Fifth Circuit held that, under either Texas sufficiency review or the federal maximum recovery rule, the $1 million award for future physical pain was too high. In this case, pain that can largely be managed through nonprescription methods did not warrant such a sizeable recovery. The court also held that the record did not support any award of future mental anguish where plaintiff's claims failed to rise to the level of a substantial disruption in his routine. Therefore, the court remanded for the district court to determine the amount of remittitur.