On June 16, 2023, the Supreme Court of Texas released the plurality opinion in Sarah Gregory and New Prime, Inc. v. Jaswinder Chohan, et al., __ S.W.3d ___, No. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023). The Court considered the award of noneconomic damages and the standard applied in reviewing such awards and held that the jury’s discretion to make an award is limited and that noneconomic damages must be supported by evidence of the nature, duration, and severity of the injury to support both the existence and the amount of compensable loss of the type of damages claimed. Further, unsubstantiated arguments to the jury, such as comparisons of mental anguish to the cost of a fighter jet, a work of art, or miles driven by a defendant’s vehicles, are improper and lack a connection to the actual mental anguish claimed.
Read the full post by maritime attorneys Michael Golemi and Jonas Patzwall on Liskow’s The Energy Law Blog here.
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