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Low v. Gulf States Utilities Co.9/21/2000
Opinion released for publication June 3, 2002.
WYLEY LOW, APPELLANT
v.
GULF STATES UTILITIES COMPANY, APPELLEE
On Appeal from the 136th District Court Jefferson County, Texas Trial Cause No. D-142,393
Attorney for appellant: Jimmy W. Nettles - Beumont.
Attorney for appellee: Gerald R. Flatten - Rienstra, Dowell & Flatten - Beaumont.
Before Walker, C.J., Burgess and Stover, JJ.
The opinion of the court was delivered by: Per Curiam
OPINION
This appeal arises from a suit filed by Wyley Low against Gulf States Utilities (GSU) alleging various claims all stemming from termination of electrical services. GSU pursued a counter-claim based upon fraud. Following a jury trial, the trial court entered a judgment from which Low appeals on six points of error. GSU raises two cross-points on appeal.
Low complains, in essence, the trial court erred in failing to enter a judgment in accordance with the jury's verdict. GSU contends there is no evidence to support the jury's award of damages for mental anguish and for spoilation of food. We first address GSU's cross-points because if they are sustained judgment would be rendered in GSU's favor.
In their first cross-point, GSU claims there is no evidence to support the jury's award for mental anguish. We disagree.
Dr. Curtis Wills diagnosed Low as depressed. Dr. Wills said the depression "was long onset, but, however, obviously exacerbated by some recent experience." According to Dr. Wills, the problem with GSU "was very traumatic" to Low and "exacerbated the problem." Dr. Wills testified that in Low's mind he was dependent upon electricity, that Low did not have a lot of coping skills and the options were very limited in his mind. Dr. Wills said it was apparent to him that Low's economic opportunities were almost nonexistent, thus his options were almost nonexistent. Dr. Wills testified "the actions in this particular case that are before this jury disturbed Low greatly." According to Dr. Wills, Low has difficulty expressing himself and "connecting all those components to the process," in understanding that he initiated the suit that was causing him such discomfort. Dr. Wills said the process has resulted in Low feeling bad about himself. Dr. Wills said Low's ability to cope with stress was "very, very limited." Dr. Wills testified Low's painting and drawing were ways of coping and " here is nothing trivial about it." Dr. Wills testified that because of this trauma, Low now has health concerns for which he receives treatment in Galveston, lives alone, and wonders everyday whether he will have electrical power.
Low testified that because the electricity was off, he missed watching the Easter plays about Christ and religious programs. He said that made him "feel bad, real bad." Low said it bothered him to be unable to paint or sketch. Low testified, "It's worse than I [felt] when I had my electricity cut off the first time. I know this is going to continue going and going. There is no stop to it. It's like a runaway train." According to Low, he was still afraid of GSU, " ore afraid than them now because they are a big corporation." When asked about the last six and a half years since GSU decided to sue him to cut off his electricity Low said, "It never did stop bothering me." Low testified he no longer goes to the utility company to pay his bill because he is afraid of them, he pays the bill at Kroger's pay station instead.
In reviewing the evidence under a no-evidence poin
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