filing_sections: 443
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 443 | 59 | I. The judgment should not include exemplary damages because the predicate question to reach the exemplary damages question was not answered unanimously | Question 19 (exemplary damages) was predicated on unanimous 'Yes' to Q17 or Q18. Jury did not answer Q18. The presiding juror conspicuously did not sign the unanimity certificate for Q17, though he signed for Q2 and Q19. The general verdict certificate checked 'ten jurors agreed' rather than 'unanimous.' Pohl's assertion of unanimity on Q17 is 'erroneous and false.' Both Rule 292 and ยง 41.003(d) require unanimity for exemplary damages. Cites Redwine and DeAtley. |