Header graphic for print
Texas Appellate Law Blog Civil Appellate Practice Tips, Resources, and News

Category Archives: Jury Charges

Subscribe to Jury Charges RSS Feed

Third Court Upholds Future Mental Anguish Award

Posted in Jury Charges, Opinions & Judgments

In Hyde Park Baptist Church v. Turner (No. 03-07-00437-CV), a case involving allegations that a young child suffered abuse at the hands of a church daycare worker, the Third Court of Appeals has affirmed a money judgment that included a significant award for future mental anguish. The Court rejected the church’s no-evidence challenge to that award after determining that the… Continue Reading

“Bad Result” Instruction Properly Refused in Pre-HB4 Case

Posted in Jurisdiction, Jury Charges

In Austin Periodontal Associates, Inc. v. Husak (No. 03-07-00125-CV), a pre-House Bill 4 dental malpractice case, the Third Court of Appeals has affirmed a $503,923 judgment rendered after a jury trial.  The dentist and hisemployer challenged the judgment on several grounds, most of which involved evidentiary complaints.  This decision is noteworthy, however, because the trial… Continue Reading

Failure to Include Instruction on Burden of Proof Was Harmless Error

Posted in Jury Charges, Opinions & Judgments, Reversible Error

In Barrigan v. MHMR Services for the Concho Valley, the Third Court of Appeals has held that failure to include an instruction on the burden of proof in the jury charge was harmless error because the jury was instructed about the proper burden when trial began and appellant’s counsel emphasized the proper burden throughout the… Continue Reading