Biggs v. GSC Enters. Inc

In Biggs v. GSC Enters. Inc., 8 S.W.3d 765 (Tex. App.-Fort Worth 1999, no pet.) the jury awarded the injured plaintiff damages for past medical expenses and for past lost earning capacity, but awarded no damages for past physical pain, mental anguish, or impairment. The jury likewise failed to award any amount for any future damages. On appeal the plaintiff contended the awards for past lost wages and past medical expenses fatally conflicted with the zero awards for pain, mental anguish, and impairment. Biggs, 8 S.W.3d at 767. The plaintiff contended that the jury's findings all involved the same material issue of whether the plaintiff sustained physical pain as a result of the accident in question. The court rejected this argument, noting that while the record revealed the plaintiff was in pain, there was conflicting evidence about the cause of the pain. Biggs, 8 S.W.3d at 769. The Biggs plaintiff had a history of pre-existing injuries and chronic pain, much of which he had not shared with his current doctor. This conflicting evidence was for the jury to resolve, and the jury could have concluded that "any pain or impairment resulting from the accident was too minimal to warrant a monetary award, but that the plaintiff should be fairly compensated for seeking medical care and missing some work...." Id.