Case of the Week
Default Judgment. Ps Presented Insufficient Evidence Of Damages.
Restricted appeal from a no-answer default judgment. The Court of Appeals
reversed & remanded on the issue of unliquidated damages, finding that
there is no evidence of at least 1 possible damage element as to each of
the 3 lump-sum awards in this auto accident case. Further, because the
trial court did not specify the damage elements it was awarding in it
judgment, & the record does not provide any means for distinguishing the
amounts awarded for each element of damage, the Court could not determine
whether the trial court awarded damages based on the elements as to which
there is no evidence.
The full-text court opinion is available at:
http://www.texasbarcle.com/CLE/CDGetOpinion.asp?lOpinionID=8554