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[W] Healthcare Centers of Texas3/7/2002
urbing nature that mental anguish was a highly foreseeable result. As previously noted, after hearing her mother yell from down the hall, Mrs. Rigby witnessed Jones lying on top of her mother with her mother's clothing pulled up around her neck. Mrs. Rigby was forced to, with the help of a nurse, physically pull Jones off of her mother. Jones, when pulled off of Mrs. Underwood, stated, "You didn't let me get a chance to put it in yet." The very occurrence of this event establishes the emotional pain, torment, and suffering which were submitted to the jury. See Fort Worth Cab & Baggage Co. v. Salinas, 735 S.W.2d 303, 305 (Tex. App.--Fort Worth 1987, no writ) (stating that although mother did not suffer physical injury from sexual assault, children who witnessed assault could recover mental anguish damages as bystanders). Therefore, Mrs. Rigby is entitled to recover damages as a bystander.
Recovery for Pain and Mental Anguish
LaPorte next contends that Mrs. Underwood could not recover for physical pain and mental anguish because she could not cognitively experience it. LaPorte contends there is no evidence that Mrs. Underwood was aware of Jones's attack or that she could mentally contemplate any harm to herself resulting from Jones's conduct. LaPorte argues that because Mrs. Underwood did not cry, yell, scream, or thrash about that she must not have been aware of what was happening to her. To the contrary, several witnesses testified to Mrs. Underwood's demeanor before and after Jones's assault. The nurses testified that, prior to the assault, Mrs. Underwood could make moaning sounds and that she realized someone was touching her. They also testified that after the attempted assault, she did not respond well and they could tell something was wrong with her. Louis Underwood, Mrs. Underwood's son, testified that shortly before Christmas, his mother appeared frightened. He said she seemed to want to tell him something, but was unable to express her thoughts. After the assault, Mr. Underwood testified that his mother seemed to give up on life. Mrs. Rigby was alerted to the attack by her mother shouting, "Oh, oh" so loudly she could hear her from down the hall. The fact that Mrs. Underwood responded to the assault by crying out is evidence that she was aware of what was happening to her. The evidence is sufficient to find that Mrs. Underwood suffered conscious physical and emotional pain as a result of the attempted sexual assault.
LaPorte next contends that neither Mrs. Rigby nor Mrs. Underwood satisfied the rigorous standards required for recovery of mental anguish damages. When the elements of damages considered by the jury include the more amorphous, discretionary damages, such as mental anguish and pain and suffering, the determination of the amount of damages will generally be left to the discretion of the jury. See Texarkana Mem'l Hosp., Inc. v. Murdock, 946 S.W.2d 836, 841 (Tex. 1997). The determination of the amount of money that will compensate the plaintiff for pain and mental anguish involves a consideration of elements for which no mathematical standard exists except what an impartial jury may deem adequate. Dico Tire, Inc. v. Cisneros, 953 S.W.2d 776, 792 (Tex. App.--Corpus Christi 1997, writ denied). Unless the award is so large as to indicate that it was influenced by passion, prejudice, or other improper motive, the jury verdict will not be set aside. Id. Therefore, the question of damages, if not excessive, is properly left for the jury to determine. Owens- Corning Fiberglass Corp. v. Martin, 942 S.W.2d 712, 719 (Tex. App.--Dallas 1997, no writ). A jury's discretion in compensation for mental anguish is limited to that which causes a "substantial disruption in the plainti
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