Pilgrim’s Pride Corp. v. Cernat
Texas Court of Appeals
205 S.W.3d 110 (2006)
- Written by Salina Kennedy, JD
Facts
A truck driven by an employee of Pilgrim’s Pride Corporation (defendant) rear-ended David Cernat’s vehicle, injuring him. Cernat, who was self-employed, had no income either prior to or after the collision. Prior to the collision, Cernat bought and remodeled a house. Cernat also bought land, cleared it, and built a shop in which he planned to work as a mechanic. In addition to personally doing all the labor involved in remodeling the house and building the shop, Cernat had worked on his acquaintances’ cars. The injuries Cernat sustained in the collision rendered him permanently partially disabled and prevented him from driving a truck, climbing a ladder, and engaging in the type of physical labor that he had previously done. Cernat sued, and a jury awarded him damages, including damages for lost earning capacity. Pilgrim’s Pride appealed, arguing that the award for lost earning capacity was unsupported because Cernat had not produced evidence of actual income prior to and after the collision.
Rule of Law
Issue
Holding and Reasoning (Morris, J.)
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