Pilkington v. Kornell

In Pilkington v. Kornell, 822 S.W.2d 223, 230 (Tex. App.--Dallas 1991, writ denied) the court of appeals concluded that when a jury is presented with conflicting evidence about the existence and severity of a physical injury and associated pain, the jury "could believe all or any part of the testimony of any witness and disregard all or any part of the testimony of any witness." The court upheld a jury's failure to award any damages for pain and suffering. Id. at 231 This does not mean, however, that a verdict awarding no damages for pain and suffering should be upheld on appeal if there is objective, undisputed evidence of a significant injury and the jury could not have compensated the injured party in some other category of damages.