On June 16, 2023, the Supreme Court of Texas issued a plurality opinion in Gregory v. Chohan dealing with the review of noneconomic damages awards. In Gregory—a wrongful death trucking accident case involving a multiple vehicle collision—the Court’s opinion clarifies that noneconomic damages awards must be reviewed based on the size of the award and the available evidence. While the opinion is not definitive, the ruling will assuredly be used to attack noneconomic damage awards for the foreseeable future.

The liability claim and damages award stem from a multi-vehicle crash on an icy road in November of 2013. Ms. Gregory applied her brakes in response to what she thought was a traffic jam ahead, leading her to lose control of the vehicle.