[Download] "Air Florida v. Carolyn Zondler" by Fifth District, Dallas Court of Appeals of Texas # eBook PDF Kindle ePub Free

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eBook details

• Title: Air Florida v. Carolyn Zondler
• Author : Fifth District, Dallas Court of Appeals of Texas
• Release Date : January 04, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Air Florida, Inc. has filed a limited appeal challenging the portion of the trial courts judgment which awarded non-pecuniary damages to Carolyn, William, Jr., and Partick Zondler for the wrongful death of William Zondler, Sr. Air Florida contends that non-pecuniary damages can only be awarded for the wrongful death of minor children, that the award of damages for both mental anguish and loss of society amounted to a double recovery, and that there was no evidence to support the damage award for mental anguish because there was no evidence that any of the Zondlers suffered any physical injury accompanying their mental anguish. We reject Air Floridas first two contentions but agree that there was not the requisite proof of physical injury to support an award of damages for mental anguish to any of the Zondlers. In addition, we reject the Zondlers cross-points that the trial court erred in failing to award prejudgment interest and that the jurys finding that William Zondler, Sr. suffered no pain or mental anguish before his death was against the great weight and preponderance of the evidence. Consequently, we reform the judgment to eliminate the damage awards for mental anguish and affirm as reformed.

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