Archives: Jury Charges

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An Appellate Lawyer Makes a Trial Team Better

D. Todd Smith
A while back, the folks at Texas Lawyer invited me to¬†submit an article on how appellate counsel may play a supporting role in the trial court. The article is now available online and will appear in next week’s print edition. In the article, I focus on four areas in which an appellate lawyer can support … Continue Reading

Third Court Upholds Future Mental Anguish Award

D. Todd Smith
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

D. Todd Smith
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