Citations
- 546 S.W.2d 126
Full opinion text
WALTER, Justice.
Billy D. Craddock recovered judgment against William Roy Hickman for personal injuries resulting from an automobile collision.
The jury answered the damage issue as follows:
“Answer separately in dollars and cents, if any, with respect to each of the following elements:
(A) Doctor, hospital and medical expenses incurred in the past.
ANSWER: $200.00
(B) Loss of earnings in the past.
ANSWER: $300.00
(C) Loss of earning capacity in the future.
ANSWER: $2000.00
(D) Physical pain, mental anguish in the past.
ANSWER: $500.00
(E) Physical pain and mental anguish which in reasonable probability he will suffer in the future.
ANSWER: $1000.00”
The court sustained defendant’s motion to disregard the $2000 answer to subpara-graph (C) for the reason:
“First, the question was not based on the proper standard for recovery of loss of earning capacity in the future and therefore was an immaterial issue
The plaintiff has appealed and contends there is some evidence of probative force to support the finding for loss of future earning capacity.
Craddock pleaded injuries to his cervical spine, lacerations from glass and injuries to his lower spine and to his body in general; that he had undergone mental and physical pain and suffering and loss of enjoyment of life and will continue to so suffer in the future; and that he had sustained a loss of income earning capacity, in the past and in the future.
No exceptions were made to these general allegations and conclusions of loss of future earning capacity.
No objections were made to the special issues submitted.
Craddock testified substantially as follows:
I am employed by Raymond Hicks. I am married and have six boys. I have a high school education. On September 9, 1974, I was involved in an automobile accident.
He was asked the following questions and he gave the following answers:
“Q . But what did it do to you physically to your body there in the cab when he hit you from behind?
A When I was hit it knocked me back — my head back through the rear glass and broke it, and throwed me into the windshield.
Q All right, at that time did you experience any pain?
A Not right at the moment, but I did when I kinda began to revive myself.
Q All right, did it knock you complete out?
A No, sir, not completely.
Q Did it, what, more or less addled you?
A Yes, sir.
Q All right. Now, what part of your body did you injure in this accident?
A My neck and lower back.”
Craddock testified further substantially as follows:
Dr. Meador prescribed a soft collar for my neck.
I knocked a wisdom tooth loose, broke a cap off and loosened several others. When I was about 11 or 12 years old, I roped a hog off a horse and it jerked me off and I hurt my back. But in the last twenty years before the wreck, I have had no trouble with my back. During World War II, I was shot up pretty bad, but I had recovered from these injuries before the wreck.
Mr. Hicks has a construction crew of five or six men and I am his foreman. I have worked for him about 9 years. I missed about ten days work on account of the accident. Since the accident I am making $3.25 per hour, 25