filing_sections: 547
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 547 | 68 | II. Jury Properly Awarded Exemplary Damages | Q17 was unanimously answered 'Yes' — jury instructed to only answer 'Yes' if unanimous. Q19 predicated on unanimous Q17 — jury could not have answered Q19 unless unanimous on Q17. Kassab did not request jury be polled. Stover v. ADM Milling directly on point — exemplary damages sufficient even without separate unanimity certificate when jury answered later question predicated on unanimity. Redwine distinguished (single cause of action, jury polled confirming non-unanimity). Bruce v. Oscar Renda: general non-unanimity certificate not in conflict when jury permitted to answer some questions by 10-2 vote. Bryan v. Papalia: original non-unanimous certificate did not override jury's unanimous answers after clarification. Presumption jury followed instructions (Columbia Rio Grande). Court must harmonize findings (Menchaca, Bender, Luna, Jackson). Kassab waived by not objecting before jury discharged (Menchaca, Burbage, Fleet, Continental Cas. Co., Tex. R. Civ. P. 295). |