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Click here for the full text of this decision FACTS:The appellants, Servando and Lesvia Amanda Gonzalez, filed suit against the appellee, Wal-Mart Stores Inc., after Servando was allegedly injured in a Wal-Mart store. A jury found Servando and Wal-Mart equally responsible for the incident and awarded him $20,000 in damages for past physical pain and suffering. The trial court reduced the damages proportionately, and the final judgment reflected an award of $10,000 to the Gonzalezes. At the time of the incident, the appellant Servando Gonzalez was employed as a truck driver for a snack food company. Pursuant to his employment, Servando delivered snack food products to various stores, unloading the merchandise and setting up display areas for the products. On July 12, 1997, Servando delivered his merchandise to a Wal-Mart store in Rio Grande City. He carried a wire rack into the store and began placing products on the bottom shelf of the rack. While placing the items on the shelf, Servando heard someone approaching from behind him. Wal-Mart employee Roel Moreno was pushing a pallet jack loaded with Wal-Mart merchandise past Servando when several boxes fell off the jack. A handful of the boxes struck Servando, causing him to sustain the injuries which are the subject of the underlying suit. Servando and his wife Lesvia Amanda Gonzalez sued Wal-Mart and Roel Moreno for negligence. HOLDING:Affirmed as modified. It appears as though all parties were in agreement with the award of $10,000 plus prejudgment interest as calculated under the statute. Examining the record, it appears as though the trial court’s judgment contemplates an award of prejudgment interest in addition to the $10,000 award in spite of its misleading language which “include[s]” prejudgment interest in the total award of $10,000 rather than expressly adding it to the award. Therefore, under the applicable statutes, the court concludes the trial court impliedly awarded prejudgment interest in an unspecified amount in addition to the $10,000 award for actual damages. Roel Moreno, an employee at Wal-Mart and the individual who was pushing the pallet jack at the time the merchandise fell on Servando Gonzalez, also testified at trial. Moreno stated that he did not notice whether the boxes on the top of the pallet were shrink wrapped and had simply started pushing the pallet jack. He was passing Servando when the pallet began to tip and claims he tried to warn Servando before he was hit. In spite of Servando’s contentions that he was not at fault, the jury, as the trier of fact, could have found him to be partly liable from the evidence presented at trial. Conflicting evidence regarding an injured party’s failure to heed warnings and get out of the way of danger may be sufficient to support a jury’s finding of that party’s negligence. In addition, a jury is given wide latitude in its duty as the factfinder to allocate responsibility for an accident. Even if the evidence could support a different percentage allocation of responsibility, an appellate court may not substitute its judgment for that of the jury. The court finds the evidence presented at trial to be both legally and factually sufficient to support the jury’s finding of Servando Gonzalez’s negligence because there is more than a scintilla of evidence to support their finding and because this finding is not so against the great weight and preponderance of the evidence as to be manifestly unjust. The court finds the evidence to be both legally and factually sufficient to sustain the jury’s finding of zero damages on all issues aside from past physical pain and suffering. The Gonzalezes failed on numerous occasions to object to the admission of evidence concerning Servando’s 1995 social security application. Even if the introduction of the evidence constitutes error, the Gonzalezes have failed to preserve this error for appeal. In addition, any error in the improper admission of evidence is deemed harmless if the complaining party subsequently permits the same or similar evidence to be introduced without objection. OPINION:Green, J.; Stone, Green and Angelini, JJ.

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