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By: Gabriel Canto and Tim Soefje. Last year, the Texas Supreme Court in Gregory v. Gregory is an appeal of a trucking wrongful death case following a horrible, tragic pile up on an icy road in rural Texas. Four lives were lost in the pile up. The trucking company appealed that verdict alleging the non-economic damage award was unsupported by the evidence. The Texas Supreme Court agreed. Gregory affirms the seemingly forgotten notion that the task of a jury in a wrongful death case is not to put a value on human life.
The task is to put a value on mental anguish and loss of companionship to compensate the Plaintiff. The trucking company in Gregory collectively drove million miles the year of the accident.
The Court did not believe this was not a coincidence. Defense attorneys must be diligent to squeeze every benefit out of Gregory. Assert it in responsive pleadings, discovery requests, and to counter objections to deposition questions. We can expect more appellate guidance on the limits of Gregory in the months and years to come, and hopefully other states follow suit.
Defense counsel should not be reluctant or too proud to object to and disrupt closing argument post- Gregory. In a litigation environment where we constantly hear terms such as nuclear verdicts and social inflation , know that, at least in Texas, there are checks and balances against it.