Barko Hydraulics, LLC v. Michael Shepherd

(concurring in the result in part and concurring in part and dissenting in part as to the rationale).

I agree with the conclusion of the main opinion that the trial court erred by instructing the jury on mental-anguish damages and subsequently entering judgment on the general verdict returned by the jury, which presumably included such damages. However, I believe that .it is ultimately unnecessary to address the damages issue because, in my view, the trial court erred by denying the motion filed by Barko Hydraulics, LLC (“Barko”), seeking a judgment as a matter of law on Michael Shepherd’s…