filing_sections: 458

553 document sections with headings and summaries

Data license: Public court records

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section_id	filing_id	heading	summary
458	61	A. Exemplary damages are not recoverable because Question 17 was not answered unanimously	Distinguishes three cases Pohl cited: (1) Bruce — no Additional Certificate requiring specific unanimity certification, unlike present case; (2) Stover — predicate questions (Q15 and Q16 on fraud and malice) were certified as unanimous in the Additional Certificate, unlike Q17 here; (3) Bryan — trial judge noticed ambiguity and sent jury back, but nothing required the party opposing exemplary damages to object. Argues Redwine is most analogous — jury's failure to certify predicate question as unanimous bars exemplary damages; 'this situation does not amount to a conflicting jury finding, where a party must object before the jury is discharged.' Under United Scaffolding v. Levine, defendant has no obligation to complain about plaintiff's omission; burden to secure proper findings is on plaintiff. Section 41.003(b) provides burden of proving exemplary damages may not be shifted to defendant.