filing_sections: 451
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 451 | 60 | I. The Jury properly awarded Pohl exemplary damages | Three arguments: (1) Jury presumed to have followed instructions requiring unanimity for Q17; jury answered Q17 'Yes' and then answered Q19 (predicated on unanimous Q17), proving unanimity. (2) Stover v. ADM Milling directly on point — exemplary damages upheld despite predicate questions not separately certified as unanimous, because jury later unanimously answered questions predicated on those answers. Bruce v. Oscar Renda distinguishes Redwine — general non-unanimity certificate is not in conflict with exemplary damages when not all of the verdict needed to be unanimous. (3) Kassab waived any conflict by not objecting before jury was discharged per USAA Texas Lloyds, Fleet v. Fleet, Continental Cas., Burbage. Bryan v. Papalia illustrates proper procedure — trial court sent jury back to clarify unanimity certificate. |