Farmers Texas County Mutual Insurance Company v. Ashlee Elizabeth Pagan
453 S.W.3d 454
| Tex. App. | 2014Background
- Pagan was injured in a March 2008 car crash; Farmers sought coverage and joined as a defendant.
- Before trial, the court granted Pagan’s motion in limine barring references to a April 2009 horse incident and related damages.
- Pagan testified the crash caused neck, back, and shoulder pain; hospital and doctor records documented neck/back issues and treatment.
- Farmers proffered five pieces of horse-incident evidence (interrogatory answer, Diagnostic Health records, Faseler records, Beaudry deposition, and related testimony) to connect post-2008 events to the injuries.
- The jury awarded Pagan $25,000 after offsetting $25,000 paid by the other driver; Farmers appeals the evidentiary ruling and the sufficiency of the evidence to support damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of horse-incident evidence | Pagan | Pagan | No abuse of discretion; evidence excluded under Rule 403/702. |
| Factual sufficiency of the damages/causation evidence | Farmers | Farmers | Evidence is factually sufficient to support the verdict. |
Key Cases Cited
- Bay Area Healthcare Grp., Ltd. v. McShane, 239 S.W.3d 231 (Tex. 2007) (evidentiary rulings reviewed for abuse of discretion)
- Certain Underwriters at Lloyd's, London v. Chicago Bridge & Iron Co., 406 S.W.3d 326 (Tex.App.—Beaumont 2013) (Rule 403 balancing and expert testimony standards)
- Jelinek v. Casas, 328 S.W.3d 526 (Tex. 2010) (causation evidence must be supported by competent basis; avoid temporal correlation as sole proof)
- Crump v. Transcontinental Ins. Co., 330 S.W.3d 211 (Tex. 2010) (differential diagnosis requires excluding other plausible causes with reasonable certainty)
- Havner v. Merrell Dow Pharm., Inc., 953 S.W.2d 706 (Tex. 1997) (standard for reliance on differential diagnosis factors; reasonable certainty)