BNSF Railway Company v. Stacy Wipff

OPINION

LEE GABRIEL, Justice.

Appellant BNSF Railway Company (“BNSF”) appeals from a jury verdict in favor of Appellee Stacy Wipff. In three issues, BNSF challenges the trial court’s denial of its demand for a jury shuffle, the sufficiency of the evidence to support the jury’s damage award for Wipffs future pain and mental anguish, and the trial court’s exclusion of evidence BNSF attempted to introduce during its cross-examination of Wipff. We reverse and remand for a new trial on the jury-shuffle issue.

I. BACKGROUND

A. Facts Leading to Wipff’s Lawsuit

The underlying facts are largely undisputed…