Fifth Club, Inc. v. Ramirez

In Fifth Club, Inc. v. Ramirez, 196 S.W.3d 788 (Tex. 2006), the plaintiff had been severely beaten by a security guard at a club. He suffered a fractured skull when the guard slammed his head against a concrete wall and struck him sev-eral times. Id. The plaintiff and his wife testified that he continued to be depressed, humiliated, non-communicative, unable to sleep, and angry. Id. at 797. He continued to have headaches, and his daily activities and relationships with his wife and daughter con-tinued to be detrimentally affected nearly two years after the beating. Id. The plaintiff also presented evidence of the severity of the intentional beating, including significant injuries to his head and body, loss of consciousness, and multiple visits to the hospital. Id. This evidence was legally sufficient to support an award for future mental anguish damages because it showed the nature of the plaintiff's mental anguish, its lasting duration, and the severity of his injuries. Id. at 797-98. The Texas Supreme Court applied the foregoing rules to an award of future mental anguish damages. Ramirez attempted to enter a night club and engaged in an altercation with a private security guard working at the night club. Id. at 790. The security guard slammed Ramirez's head against a wall, knocking him unconscious, and then struck him several times. Id. Ramirez's skull was fractured as a result, and he suffered other injuries as well. Id. Ramirez sued the club and claimed future mental anguish damages. Id. On appeal, the club argued that there was no evidence to support the award of future damages. Id. at 797-98. The Texas Supreme Court summarized the evidence on mental anguish as follows: "Ramirez and his wife testified that Ramirez continued to be depressed, humiliated, non communica-tive, unable to sleep, and angry, continued to have headaches and nightmares, and that his daily ac-tivities and his relationships with his wife and daughter continued to be detrimentally affected almost two years after the incident. Ramirez also presented evidence of the severity of the intentional beating by West, including significant injuries to his head and body, his loss of consciousness, and his visits to the hospital. The evidence shows the nature of Ramirez's mental anguish, its lasting duration, and the severity of his injuries, and is therefore legally sufficient to support future mental anguish damages." Id. The court acknowledged that there was no direct evidence that Ramirez would, in reasonable probability, suffer compensable mental anguish in the future, but it held that the "severe beating received by Ramirez provided an adequate basis for the jury to reasonably conclude that he would continue to suffer substantial disruptions in his daily routine of the kind described in his and his wife's testimony that he had already suf-fered in the past. The evidence in this case amounts to far more than worry that medical bills might not get paid . . . or that someone is disturbed and upset . . . ." Id. at 798. In sum, the plaintiff was beaten at a nightclub by a security officer. His head was slammed against a concrete wall, knocking him unconscious and fracturing his skull. At trial, he and his wife testified that he was still depressed, humiliated, non-communicative, unable to sleep, and angry; that he continued to have headaches and nightmares; and that his daily activities and his rela-tionships with his wife and daughter continued to be detrimentally affected almost two years after the inci-dent. He also presented evidence of the severity of his beating, the significant injuries he suffered to his head and body, his loss of consciousness, and his hospital visits. Id. The court held that this was sufficient to support an award of $ 20,000 for future mental anguish.