Anchored Though Not Calculated

In SL Nabors Commercial/Residential Roofing, Ltd. v. Allen, the Fifth Court rejected sufficiency challenges to a jury’s non-economic damage awards (distinct awards totalling $665,000 for past and future physical pain, mental anguish, and physical impairment).

The Defendants argued that under Gregory v. Chohan, a jury may not “simply pick a number and put it in a blank” when awarding non-economic damages,. The Court acknowledged recent appellate opinions that upheld non-economic awards where plaintiff’s counsel had offered the jury a “simple calculation,” such as a specific dollar amount per waking hour or per day — but held:

“[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.”

No. 05-24-00854-CV, Mar. 26, 2026.