CompFox AI Summary
Berney L. Strauss, a personal injury trial lawyer, sued Continental Airlines, Inc. for spinal injuries sustained while boarding a flight. A jury found Continental 75% negligent and Strauss 25% negligent, awarding Strauss $1,024,000 for loss of earning capacity. The trial court, however, granted Continental's motion for judgment notwithstanding the verdict (JNOV) on the loss of earning capacity damages, finding a lack of supporting evidence. Strauss appealed this JNOV, while Continental cross-appealed regarding alleged improper communications with jurors and the exclusion of psychiatric evidence. The appellate court affirmed the trial court's JNOV, concluding Strauss failed to provide sufficient evidence for his lost earning capacity claim. It also overruled Continental's cross-appeal, finding no probable injury from jury misconduct and no abuse of discretion in excluding psychiatric evidence.
Strauss v. Continental Airlines, Inc. is a workers' compensation case decided in Texas Court of Appeals, 14th District (Houston). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 14th District (Houston).
Full Decision Text1 Pages
Berney L. Strauss, a personal injury trial lawyer, sued Continental Airlines, Inc. for spinal injuries sustained while boarding a flight. A jury found Continental 75% negligent and Strauss 25% negligent, awarding Strauss $1,024,000 for loss of earning capacity. The trial court, however, granted Continental's motion for judgment notwithstanding the verdict (JNOV) on the loss of earning capacity damages, finding a lack of supporting evidence. Strauss appealed this JNOV, while Continental cross-appealed regarding alleged improper communications with jurors and the exclusion of psychiatric evidence. The appellate court affirmed the trial court's JNOV, concluding Strauss failed to provide sufficient evidence for his lost earning capacity claim. It also overruled Continental's cross-appeal, finding no probable injury from jury misconduct and no abuse of discretion in excluding psychiatric evidence.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.