Frontera Sanitation, L.L.C. v. Cervantes, 342 S.W.3d 135

Frontera Sanitation, L.L.C. employed Cervantes as a route driver from late Sept 2002 to Feb 28, 2003.
Cervantes alleged work-related injuries to his right arm, hand, and wrist, including carpal tunnel and tendinopathies, arising from his job duties.
Cervantes claimed injuries worsened after repeatedly lifting and carrying large buckets of liquids while servicing toilets.
Cervantes sought medical treatment; Dr. Sides diagnosed a work-related repetitive use injury and restricted work in early March 2003.
Frontera refused payment for Cervantes' medical treatment and later litigation ensued; trial occurred in July 2008.
Jury found Frontera negligent and awarded damages totaling $139,970, plus costs and pre-judgment interest; post-judgment motions were denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of negligence evidence for JNOV	Frontera argues no legal basis to overturn verdict.	Cervantes argues evidence shows duty, breach, causation.	No reversible error; evidence supported negligence.
Admission of medical narrative and causation	Sides' March 31 letter was improperly admitted without objection.	Record preserved no objection; letter supported causation.	Issue not preserved for appeal; record supports causation from work duties.
Employee status and causation	Cervantes was Frontera's employee when injured.	Contends insufficient proof Cervantes was employed when injury occurred.	Evidence showed Cervantes worked for Frontera until Feb 2003; sufficient to show employment at injury time.
Damages sufficiency for medical expenses and future costs	Damages properly reflect medical costs and future needs.	Challenge to amount and possible misapplication of §41.0105.	Past medical expenses upheld; §41.0105 limits, but not the verdict amount absent evidence of payments; future medical expenses not overturned.
Remittitur and new-trial relief	Remittitur or new trial requested if damages excessive.	Requests for remittitur/new trial should be considered.	Waived/overruled due to inadequate briefing; trial court affirmed judgment.

City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal-sufficiency standard for appellate review)
Van Horn v. Chambers, 970 S.W.2d 542 (Tex. 1998) (elements of negligence: duty, breach, causation, damages)
Ford Motor Co. v. Ridgway, 135 S.W.3d 598 (Tex. 2004) (more than a scintilla evidence standard)
Irving Holdings, Inc. v. Brown, 274 S.W.3d 926 (Tex. App.-Dallas 2009) (Section 41.0105 limitations on medical expenses)
Hernandez v. Hernandez, 318 S.W.3d 464 (Tex. App.-El Paso 2010) (briefing requirements on appeal)
Richard Rosen, Inc. v. Mendivil, 225 S.W.3d 181 (Tex. App.-El Paso 2005) (standard for reviewing denials of JNOV)