Pam Mayo, Individually and as Next Friend of Kent and Jeremy Mayo, Her Minor Children v. Tri-Bell Industries, Inc.

EDITH HOLLAN JONES, Circuit Judge:

We address in this appeal the application of the Texas modified comparative negligence statute, Tex.Rev.Civ.Stat.Ann. art. 2212a, to state wrongful death claims, where the survivor plaintiffs seek damages for nonpecuniary losses, specifically loss of consortium, loss of society and mental anguish. After careful review of state case law, we conclude that the statute is equally as applicable to nonpecuniary as to pecuniary loss claims. Accordingly, we hold that the trial court properly refused to enter judgment on the jury’s award of all damages, pursuant to…