Jack Cox v. Gary Mueller

BISTLINE, Justice BACKGROUND AND PRIOR PROCEEDINGS On May 17, 1991, Jack Cox and Gary Mueller, who worked as car salesmen,
engaged in an argument at their mutual place of employment. The argument escalated and ultimately Mueller pushed Cox through
a plate glass window. On August 1, 1991, Cox demanded by certified letter $3,000 from Mueller as payment for injuries suffered
and medical costs incurred, but Mueller did not respond. Cox filed a complaint against Mueller on September 26, 1991, and
an amended complaint on October 17, 1991, seeking (1) reimbursement for medical expenses and economic loss; (2) general damages
for Cox's pain, suffering, and other personal injuries as shown by the evidence at trial; and (3) reasonable costs and attorney
fees. No statute was cited to support the claim for attorney fees. During the two-day trial, which commenced on October 6, 1992, Cox did not offer any proof to suggest that he sought more
than $25,000 in total damages. During closing argument, Cox's counsel relied on a diagram to illustrate for the jury Cox's
medical costs and other damages. She then advised the jury that "we're simply asking that you award a figure of $25,000. We
think that that's a very reasonable figure. In fact, we argue it's a conservative figure. If you feel that based upon the
testimony that you heard today that higher figures merit, you're free to make those decisions. Those decisions are yours."
The jury found that Mueller had committed a battery against Cox and awarded Cox $10,000 monetary damages.