Shelby White Prevails in Gregory v. Chohan Challenge to Non-Economic Damages

As attorneys continue to seek recovery for non-economic damages for their clients in personal injury cases in Texas, Durham, Pittard & Spalding has been at the forefront of helping trial lawyers navigate the Texas Supreme Court’s plurality opinion in Gregory v. Chohan—both at the trial level and on appeal.

In a March 26 opinion from the Dallas Court of Appeals, Shelby White successfully defended a Gregory-based challenge of a Dallas County jury’s noneconomic damages verdict arising from back and shoulder injuries.

In SL Nabors Commercial/Residential Roofing, Ltd. v. Allen, the defendants cited Gregory, challenging the noneconomic damages found by the jury. The opinion rejected the defendant’s challenge, holding that the plaintiff’s detailed medical evidence and testimony established a rational connection between the injuries suffered and the damage amounts.

The court also clarified that Gregory does not require a mathematical "per day" calculation to survive a sufficiency challenge — such calculations are simply one permissible method of assisting the jury.

“[W]e do not interpret Gregory as changing the law to require such evidence to uphold non-economic damage awards. Rather, these cases illustrate one method by which a plaintiff may assist the jury in calculating damages. When, as here, the reasons given for the award are rational and grounded in the evidence and do not partake of prohibited motives, we defer to the factfinder’s verdict,” the court wrote.

This outcome provides a good rubric to follow in laying out the type of testimony that would support noneconomic damage awards. 

Durham, Pittard & Spalding continues to monitor developments in this evolving area and regularly advises trial teams on building and protecting noneconomic damages on behalf of their clients.

We are available to present on this topic to law firms, trial groups, and bar associations across Texas, as well as to collaborate with trial counsel in developing and defending damages strategies at both the trial and appellate levels.

Congratulations Shelby and trial lawyers Mohammad Said and Robert Vengrow of MAS Law Firm.