Michael Hospadales and Loomis Armored US, LLC v. Roy McCoy
513 S.W.3d 724
| Tex. App. | 2017Background
- On Jan. 4, 2013, Loomis driver Michael Hospadales (in an armored truck with onboard video/data recorder) collided with Roy McCoy’s pickup/trailer on I-45; video and vehicle data showed Hospadales steered left, moved toward the shoulder, then steered right and struck McCoy, causing a 500-foot jackknife skid.
- McCoy was transported to the ER complaining of severe neck and back pain; he later sought ongoing treatment (physical therapy, epidural steroid injections) and had arthroscopic surgery for a torn right meniscus.
- Loomis defended by arguing (a) McCoy’s trailer crossed the lane line and struck the Loomis truck, causing the crash, and (b) McCoy’s neck/back conditions were preexisting from a 2010 accident (MRIs showed similar findings).
- McCoy offered accident-reconstruction expert testimony (mechanical engineer) and medical testimony (orthopedic surgeon Dr. Rodriguez) linking the 2013 collision to McCoy’s knee injury and to aggravation/new injury of his neck/back; medical bills and affidavits were admitted.
- The jury found Hospadales negligent, McCoy not contributorily negligent, and awarded $292,000 (past medical $92,000; past lost earning capacity $40,000; past pain and suffering $160,000). Trial court entered judgment; Loomis appealed challenging causation, evidentiary rulings, damages sufficiency, and contributory negligence findings.
Issues
| Issue | Plaintiff's Argument (McCoy) | Defendant's Argument (Loomis) | Held |
|---|---|---|---|
| Legal sufficiency of causation | Dr. Rodriguez and reconstruction expert provided reliable, reasonable-medical-probability opinions tying accident to knee injury and aggravation/new neck/back injuries | Dr. Rodriguez not qualified for causation opinion and his causation opinion is unreliable/speculative; causation not established | Court held expert credentials and bases (exam, MRIs, history, video/data) were adequate; causation evidence legally sufficient |
| Admissibility of medical records and bills | Records and §18.001 affidavits are admissible to prove reasonableness/necessity once causation is established | Records were irrelevant because causation was not shown | Trial court did not abuse discretion in admitting records; relevance satisfied by causation proof |
| Sufficiency of damages (past med. expenses & pain/suffering) | Medical records, testimony, injections, surgery, and pain descriptions support awards | Injuries largely preexisting; MRI similarity and prior complaints undermine damages | Evidence factually sufficient; jury reasonably credited aggravation/new injuries and awarded damages |
| Past lost earning capacity & contributory negligence | McCoy testified about earnings, time out of full duty (~10 months); reconstruction and data rebut contributory negligence theory | Lost wages testimony ($3,000) insufficient for $40,000 lost capacity; snapshots show trailer crossed line causing crash | Court affirmed: jury could compute $40,000 based on average earnings and treatment period; evidence supported finding McCoy not negligent |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal-sufficiency standard for jury findings)
- E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549 (Tex. 1995) (Rule 702 admissibility—expert qualification and reliable foundation)
- Gammill v. Jack Williams Chevrolet, Inc., 972 S.W.2d 713 (Tex. 1998) (analytical gap and expert reliability principles)
- Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497 (Tex. 1995) (causation must be shown by competent evidence; reasonable medical probability)