Travis Gozan sued Union Pacific Railroad under the Federal Employers' Liability Act after a utility vehicle he was riding in crashed into a building at low speed. Although the court recognized evidence linking the collision to his tailbone and myofascial pain, it found no factual basis for future mental anguish or the projected long-term medical costs. Specifically, a life care planner allocated over $1.1 million to hypothetical Botox treatments that Gozan's physician had only mentioned as a possible alternative. As a result, the Texas Fourteenth Court of Appeals vacated the majority of the damages and ordered a new trial.
Key points
The appeals court ordered a retrial because unsupported future medical expense estimates…: The appeals court ordered a retrial because unsupported future medical expense estimates improperly inflated the original jury verdict.
Speculative testimony regarding unprescribed Botox injections undermined the evidentiary…: Speculative testimony regarding unprescribed Botox injections undermined the evidentiary foundation of the plaintiff's life care plan.
Union Pacific must now face a retrial addressing the underlying negligence claim alongsid…: Union Pacific must now face a retrial addressing the underlying negligence claim alongside the reassessment of most damages.
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A workplace accident involving a slow-moving utility vehicle resulted in a multimillion-dollar personal injury award, but questions about the evidence supporting the compensation have sent the case back for another trial. A Texas railroad employee claimed that a collision at a railyard left him with lasting tailbone pain, muscle problems and severe headaches. Although a jury awarded him more than $1.7 million, the railroad challenged the findings, particularly the projected cost of his future medical treatment.
In an
opinion issued on November 10, 2026, the Texas Fourteenth Court of Appeals reversed the trial court's judgment in Union Pacific Railroad Co. v. Travis Gozan and ordered a new trial on the negligence claim and most categories of damages. The court found sufficient evidence linking the accident to two of Gozan's medical conditions and establishing that he would incur some future medical expenses, but ruled that the amount awarded for future medical treatment lacked sufficient evidentiary support. The ruling, available on Justia, also rejected his claims for past and future mental anguish.
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