Matthew Goggans v. Tonia Marie Ford
05-14-01239-CV
| Tex. App. | Dec 9, 2015Background
- On March 12, 2010, Matthew Goggans’ vehicle struck the left rear of a car carrying Tonia Ford after Goggans swerved right while braking on the freeway; both cars remained drivable and no on-scene medical care was given.
- Ford developed back and neck pain within hours, sought ER care the next day, received conservative care (chiropractic), and ultimately was referred to a neurosurgeon who recommended cervical and lumbar surgery.
- Ford sued Goggans for negligence; the jury found Goggans proximately caused the accident and awarded total damages of $292,500. The trial court entered judgment for $323,391.94.
- Goggans moved for JNOV and a new trial arguing (1) legal and factual insufficiency of causation and negligence, (2) damages awards were unsupported, (3) exclusion of vehicle photographs was error, and (4) the jury charge omitted an unavoidable-accident instruction.
- The court considered expert testimony linking Ford’s herniated/bulging cervical discs and aggravated lumbar degenerative condition to the March 2010 crash, testimony about two later minor fender-bender incidents in late 2010, and conflicting testimony from Goggans about a car entering his lane and a truck behind him.
- The Court of Appeals affirmed, rejecting Goggans’s sufficiency, evidentiary, and charge-error arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of causation evidence | Ford: experts linked her cervical herniations and aggravated lumbar degeneration to the March 2010 crash | Goggans: no expert tied the diagnosed conditions to the crash; temporal proximity alone is insufficient | Held: Expert testimony (chiropractor, neurosurgeon) was legally and factually sufficient to prove causation |
| Negligence / sudden-emergency defense | Ford: Goggans failed to keep proper lookout and caused the collision | Goggans: acted under a sudden emergency (car moved into his lane; truck behind) making his actions unavoidable | Held: Jury could disbelieve Goggans’ account; evidence supported finding his negligence caused the accident |
| Damages sufficiency (economic & non-economic) | Ford: presented incurred medical bills and expert testimony on recommended future surgeries; testimony on pain, impairment, and life-impact | Goggans: damages excessive / unsupported | Held: Awards for past and future medical expenses and non-economic damages were factually sufficient |
| Exclusion of photographs & jury instruction on unavoidable accident | Ford: exclusion proper; sudden-emergency instruction given | Goggans: exclusion of photos prejudiced jury; requested unavoidable-accident charge | Held: Error not preserved (no offer of proof); even if reviewed, exclusion not an abuse of discretion; unavoidable-accident instruction unnecessary because sudden-emergency instruction covered his theory |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standards for legal-sufficiency review and deference to jury credibility)
- Guevara v. Ferrer, 247 S.W.3d 662 (Tex. 2007) (expert causation required for medical conditions beyond common knowledge; temporal proximity insufficient alone)
- Formosa Plastics Corp. USA v. Presidio Eng’rs & Contractors, Inc., 960 S.W.2d 41 (Tex. 1998) (more than a scintilla standard)
- Kindred v. Con/Chem, Inc., 650 S.W.2d 61 (Tex. 1983) (definition of scintilla/non-evidence)
- JLG Trucking, LLC v. Garza, 466 S.W.3d 157 (Tex. 2015) (burden to exclude other plausible causes; standard for reviewing exclusion of evidence)
- Maritime Overseas Corp. v. Ellis, 971 S.W.2d 402 (Tex. 1998) (factual-sufficiency review standard)
- Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2012) (definition of "actually paid and incurred" medical expenses)
- Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003) (physical impairment and preventing double recovery)
- Dillard v. Tex. Elec. Co-op., 157 S.W.3d 429 (Tex. 2005) (sudden emergency and unavoidable-accident as inferential rebuttal defenses)
- Columbia Rio Grande Healthcare, L.P. v. Hawley, 284 S.W.3d 851 (Tex. 2009) (requirements for jury instructions: assist jury, state law accurately, supported by evidence)