Opinion
No. 02-19-00194-CV
07-09-2020
GEORGE BERNARD, Appellant v. RANGERS BASEBALL, LLC AND KONE, INC., Appellees
On Appeal from the 153rd District Court Tarrant County, Texas
Trial Court No. 153-277449-15
CONCURRING MEMORANDUM OPINION
I concur in the court's judgment. I write separately to express concern that this case cannot be decided solely on the basis of the failure to have expert testimony pursuant to Guevara v. Ferrer, 247 S.W.3d 662 (Tex. 2007). Even though the Guevara court stated that expert testimony is required to support a finding that some medical expenses are causally related to an accident, the court also stated that "[n]on-expert evidence of circumstances surrounding the accident and Arturo's complaints is sufficient to allow a layperson of common knowledge and experience to determine that Arturo's immediate post-accident condition which resulted in his being transported to . . . and examined in the emergency room were causally related to the accident." Id. at 669. The court remanded the case to the court of appeals to consider remittitur "as to expenses for which expert evidence is required." Id. at 670.
I conclude that the evidence in this case is legally sufficient to support at least some of Bernard's damages. See Bright v. Simpson, No. 11-17-00104-CV, 2019 WL 1941885, at *4 (Tex. App.—Eastland Apr. 30, 2019, no pet.) (mem. op.). However, I would hold that this case should be affirmed on other grounds.
/s/ Dana Womack
Dana Womack
Justice Delivered: July 9, 2020