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Click here for the full text of this decision FACTS:This appeal arises from a motor vehicle accident. A vehicle driven by John Snyder collided with a tractor-trailer owned by National Freight Inc. when the tractor-trailer entered a highway in the path of Snyder’s vehicle. Snyder suffered a fractured left wrist in the accident. Snyder filed suit against National Freight and the driver of the truck. At trial, National Freight admitted its driver’s liability for causing the accident. Accordingly, the only questions submitted to the jury were Snyder’s damages as a result of the accident. The jury awarded Snyder damages in the amount of $250,000. Based upon the jury’s verdict, the trial court entered judgment in favor of Snyder in the amount of $279,142.64 plus court costs and postjudgment interest. HOLDING:Affirmed in part, reversed and remanded in part. On several instances during closing argument, Snyder’s counsel asked the jury to “send a message” to National Freight by awarding Snyder substantial damages to encourage the safe operation of National Freight’s trucks in Taylor County. National Freight asserts that this argument was improper, because Snyder did not seek the recovery of exemplary damages. National Freight objected to the first instance when Snyder’s counsel urged the jury to send a message to National Freight. The trial court responded to the initial objection by instructing the jury that “what the lawyers say is not evidence.” The trial court sustained National Freight’s subsequent objections when Snyder’s counsel repeated the argument. National Freight did not seek an instruction from the trial court for the jury to disregard the argument on these subsequent occasions. Furthermore, the trial court did not voluntarily instruct the jury to disregard the argument when it sustained National Freight’s objections. The court concludes that the argument urging the jury to send National Freight a message did not constitute incurable jury argument. This argument was not so inflammatory that a timely instruction from the trial court would not have alleviated the harm, if any, caused by the argument. Moreover, the record does not reflect a greater probability that the jury’s verdict was based upon the challenged argument rather than the evidence presented at trial. When erroneously admitted evidence is merely cumulative, any error in its admission is harmless. The court concludes that the trial court did not abuse its discretion in admitting an expert’s written estimates of medical expenses into evidence. National Freight attacks the trial court’s denial of its request to present evidence regarding Snyder’s health insurance coverage. The collateral source rule precludes a tortfeasor from obtaining the benefit of, or even mentioning, payments to the injured party from sources other than the tortfeasor. If a plaintiff claims financial hardship, however, evidence of a collateral source may be offered to impeach the credibility of the witness. National Freight contends that Snyder opened the door in the testimony elicited from his wife during cross- examination. The record does not reflect that the trial court abused its discretion in denying National Freight’s request to offer collateral source evidence. The assertion that Snyder opened the door by presenting evidence regarding financial hardship is tenuous given the fact that the testimony was given by a non-party spouse during cross-examination. Furthermore, the evidence developed during the offer of proof indicates that a large portion of Snyder’s future medical care would not be covered by insurance. National Freight contends that the trial court erred in permitting Snyder to testify over objection about the effect of his injuries on his ability to work. National Freight contends that this evidence was irrelevant, because Snyder did not seek a recovery for lost income. The court agrees with the trial court’s determination that this evidence was relevant to Snyder’s claims for pain and suffering and physical impairment. National Freight objects to the playing of a surveillance video showing Snyder at work at his mechanic shop. “[T]he conduct depicted in the video was inflammatory. Many jurors likely would have been offended by it. From a probative value standpoint, the challenged portion of the video was only a small portion of a much longer video showing Snyder working in his shop. One of the remaining portions of the video showed Snyder using both of his arms to pick up a large object. We conclude that the trial court did not abuse its discretion in determining that the probative value of the excluded surveillance video was substantially outweighed by the danger of unfair prejudice.” Snyder did not offer evidence that attempted to segregate the medical expenses attributable to the accident from unrelated expenses as required by Murdock. The court sustains National Freight’s challenge to the factual sufficiency of the evidence supporting the jury’s award of damages to Snyder for past medical expenses. The trial court’s award of prejudgment interest at issue in this appeal hinges on the interpretation of a single letter where the existence and contents of the letter are not in dispute. At a minimum, the letter constitutes an assertion of a right to be paid. The letter is similar to the letter in Bevers v. Soule, 909 S.W.2d 599 (Tex. App. � Fort Worth 1995, no writ), which the court determined to constitute a written notice of claim. OPINION:McCall, J.; Wright, C.J., McCall and Strange, JJ.

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