OPINION
This is аn appeal from a judgment awarding damages for personal injuries sustained as a result of an auto/motorcycle collision. The jury found that both parties’ negligence proximately caused the occurrence (appellant: 35%, appellee: 65%). The jury awarded appellant $2,500.00 for physical pain, $2,000.00 for lost wages and $10,-000.00 for medical bills. The jury determinеd these amounts from the date of the incident until the date of the verdict. The jury awarded $0 for appellant’s mental anguish. The trial court entered judgment on appellee’s motion in favor of appellant in the amount of $9,425.00 plus pre-judgment and post-judgment interest. From this judgment appellant appeals.
On August 6, 1985, appellant was travel-ling by motorcycle southbound on Mont-rose, a major four lane thoroughfare. Ap-pellee’s car failed to yield the right of way at the intersection where appellant’s motorcycle was approaching. Appellant responded by veering to the right toward appellee’s vehicle, and as a result, appellant’s motorcycle hit appellee’s car. Appellаnt testified the speed of his motorcycle at impact was 10 miles an hour. He also testified that if he had gone left he would likely have missed the appellee.
Immediately after thе accident, appellant noticed his arm was cut and his left ankle hurt a bit. Appellant was taken to a hospital emergency room and his arm was stitched. A couple of days lаter, appellant visited Dr. Shafie because his leg was sore. Later, upon returning from a trip to Europe, he experienced lower back pains and went back to Dr. Shafie whо admitted him for 10 days in the hospital followed by outpatient physical therapy. Subsequently, appellant visited a different doctor, Dr. Mitchell, who put him in a brace for his back, and he saw Dr. Mitchell four or five times, until some time in 1988.
In October of 1988, appellant was involved in a subsequent automobile accident in which appellant’s car was rear-ended. He experienced back pain as a result of that accident. Appellant could not say what back pain at that point was caused by the motorcycle wreck and what back pain was caused by the automobile wreck in October of 1988.
*224
In point of error one, appellant contends the trial court erred in entering judgment on the jury’s finding of zero damages for mental аnguish, because it was so contrary to the overwhelming weight and preponderance of the evidence as to be manifestly unjust. In reviewing great weight points complaining of a jury’s failurе to find a fact, courts of appeals must weigh all of the evidence and should set aside the verdict “only if it is so contrary to the overwhelming weight of the evidence as to be clеarly wrong and unjust.”
Cain v. Bain,
Appellant contends that the law "clearly states” that a jury may not refuse to award mental anguish damages when the jury has found an injury did occur and awarded money for past pain, lost earnings and medical expenses. Appellant cites two cases in support of this proposition:
Del Carmen Alacorn v. Circe,
The juries in
Del Carmen Alacom
and
Sansom
did not award damages for physical pain suffered by the aрpellant, unlike the present case. In
Del Carmen Ala-com,
the jury found that the appellant had suffered an objective injury for which she was awarded damages for her medical bills and loss of earnings. In resрonse to the appellant’s complaint of the jury’s failure to award damages for physical pain
and
mental anguish, the court stated that “We find it inconsistent that appellant cоuld require the medical care for which the jury compensated her, and yet find no compen-sable physical pain
or
mental anguish.”
Del Carmen Alacorn v. Circe,
Also, in
Sansom,
once again unlike the present case, the jury did not award damages for past pain and suffering, although the jury found appellant did suffer injury and awarded damages for loss of appellant’s household services and past medical expenses. Like
Del Carmen Alacom,
the court reviewed the jury’s failure to award damages for past pain and suffering and mental anguish; however,
Sansom
holds the jury’s answer of zero damages for “pain and suffering
and
mental anguish is so against the great weight and preponderance of the evidence as to be manifestly unjust
bеcause the uncontroverted evidence discloses that appellant did suffer some damages.” Sansom v. Pizza Hut of East Texas, Inc.,
Appellant argues there was uncontro-verted evidence in support of mental anguish. Apрellant points to the appellant’s testimony that he was upset after the wreck, he had been forced to sleep in a *225 recliner on some nights due to his back pain, and that thе condition of his back caused him to worry about the future. Nevertheless, there are contrary statements in appellant’s own testimony which the jury was entitled to consider. First, appellant testified that he had been in an accident subsequent to the motorcycle accident and could not determine what back pain was caused by the motorcycle wreсk and what was caused by the subsequent accident. Further, when asked on cross examination about his restricted activity he testified as follows:
Q: Have there been times when you started to dо certain things, activities that you have — just couldn’t because your back hurt that bad?
A: Yep.
Q: Does that cause you concern?
A: I don’t know. I guess it’s just something I’m kind of used to. You know.
Appellant testified that he had another pri- or motorcyclе accident in 1963 wherein his leg was hurt and that he could not remember if he complained of back pain then, and would not be surprised if he did. With this information, the jury was entitled to conclude that he was “kind of used to” back pain because he continues to experience pain from a prior accident.
Appellant must show more “than mere worry, anxiety, vexation, еmbarrassment or anger.”
Town East Ford Sales, Inc. v. Gray,
In point of error two, appellant asserts the trial court erred in entering judgmеnt on the jury’s finding of 35% negligence attributable to appellant, because this finding was contrary to the great weight and preponderance of the evidence. Appellant did not рreserve this error for appeal, because he did not assign this as error in his motion for new trial. To complain on appeal “that a jury finding is against the overwhelming weight of the evidence”, appellant must include that point in a motion for new trial. Tex. R.Civ.P. 324(b); Tex.R.App.P. 52(d).
Appellant did object to a jury charge which asked the jury to consider whether the plaintiff’s negligence may have proximately caused the injury. Appellant argued that the jury charge would be against the great weight and preponderance of the evidence, because there was no evidence appellant was negligent. We note appellant did not object to the charge which asked the jury to apportion percentages оf fault among the appellant and appellee. Even if appellant had objected to the appropriate jury charge which comports to his argument now on appeal, that objection would not take the place of appellant’s procedural requirement to raise this point after the jury’s findings on that charge in his motion for new trial. Appellant’s point of error two is overruled.
Accordingly the trial court’s judgment is affirmed.