~$550K Award Related to Doctor's False Alleged Accusation of Nose Punch by Colleague
Some excerpts from Thursday's long decision in Zafar v. Saghier, by Texas Court of Appeals Justice Wade Birdwell, joined by...
Source excerpt
Saghier, by Texas Court of Appeals Justice Wade Birdwell, joined by Justices Mike Wallach and Brian Walker:
In what we construe as three overarching issues, Zafar asserts that (1) the evidence was insufficient to support the compensatory damages awarded for Saghier's criminal attorney's fees and mental anguish; (2) the award of exemplary damages was premised on a defective jury charge and, regardless, must be adjusted in accordance with the statutory cap if this court reverses any of the compensatory-damage awards; and (3) the trial court abused its discretion by allowing Saghier's counsel to ask her leading questions.
Saghier concedes that the damage award for her criminal attorney's fees lacked sufficient evidentiary support, and the record reveals that the award for future mental anguish also lacked sufficient evidentiary support.
These flawed awards, in turn, require a reduction of the exemplary-damages award in accordance with the statutory cap.
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