Background

• Gallegos, Big Bird's employee, was injured while assisting with constructing a workshop expansion when a ladder collapsed; he required multiple surgeries and could not work for a year, with ongoing limitations.
• Gallegos sued Big Bird for damages including reasonable and necessary medical expenses, lost earning capacity, and pain and suffering.
• Medical expense affidavits and billing records from UT Southwestern and Parkland totaled $67,699.41 and $16,659.50 respectively, forming the basis for the medical expenses awarded by the jury.
• Big Bird challenged Parkland charges, arguing Gallegos received Parkland services gratis via a charity program, questioning whether those expenses were actually incurred.
• The trial court and jury ultimately awarded Gallegos medical expenses, including those incurred at Parkland, and also awarded lost earning capacity; Big Bird appealed on both issues.

Issues

Key Cases Cited

• Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011) (collateral source rule applies to medical expenses; limits to reasonable amounts vs. charges not legally collectible)
• City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (no-evidence and factual-sufficiency review standards)
• Tagle v. Galvan, 155 S.W.3d 510 (Tex. App.-San Antonio 2004) (factors for lost earning capacity and need for monetary measurement)
• Durham Transp. Co., Inc. v. Beettner, 201 S.W.3d 859 (Tex. App.-Waco 2006) (evidence sufficiency in lost earning capacity cases)
• Dow Chemical Co. v. Francis, 46 S.W.3d 237 (Tex. 2001) (standard for reviewing factual sufficiency on evidentiary issues)
• Gen. Motors Corp. v. Burry, 203 S.W.3d 514 (Tex. App.-Fort Worth 2006) (lost earning capacity considerations in wage-proof contexts)
• Rigdon Marine Corp. v. Roberts, 270 S.W.3d 220 (Tex. App.-Texarkana 2008) (discretion in determining lost earning capacity and related evidence)