In Ibrahim v. Young, 253 S.W.3d 790, 807 (Tex. App.--Eastland 2008, pet. denied) the Eastland Court of Appeals opined that Ramirez does not extend this inference to every personal injury case claiming future damages, but only to those in which the injuries are "shocking" or "disturbing."
In Ibrahim, the plaintiff sued her employer and a furniture manufacturer for injuries she sustained when her office chair broke and she fell. Id. at 795.
She received an award of future mental anguish damages, but she provided no direct evidence to show that she would suffer mental anguish damages in the future. Id. at 807.
On appeal, she equated her injuries with those suffered by the plaintiff in Fifth Club, Inc. v. Ramirez. Id. at 806.
The Eastland Court of Appeals held that:
Fifth Club, Inc. v. Ramirez, 196 S.W.3d 788, 797 (Tex. 2006) does not stand for the proposition that mental anguish damages can be inferred in all personal injury cases. The court's holding was premised on the existence of a disturbing or shocking injury. Falling off of an office chair is not the type of shocking or disturbing injury that we believe the supreme court had in mind. Id. at 807.