WEST STAR TRANSPORTATION, INC., APPELLANT v. CHARLES ROBISON AND CHERIE ROBISON, APPELLEES, 457 S.W.3d 178

Summary

HOLDINGS: [1]-The evidence supported the verdict as to negligence and proximate cause where, in light of the employer's lack of preparedness, the employer's decision to accept the uncommonly high load was negligent in that it constituted the failure to use ordinary care; [2]-The evidence was legally and factually sufficient to support the jury's damage verdict pertaining to the future aspect of the employee's physical pain and mental anguish and lost earning capacity in the future; [3]-The jury verdict for future medical care was within the range of estimates supported by the expert testimony; [4]-Because there were no genuine issues of material fact as to the existence of an enforceable settlement agreement, the trial court did not err in granting summary judgment in favor of the couple on the issues of the affirmative defense of settlement or the counterclaim for breach of contract.