Alfred Kent Yarborough A/N/F Jeffrey Lee Yarborough v. James Berner

Jeffrey Lee Yarborough, a child between four and five years of age, sustained injuries when he was struck by a car driven by the defendant, James Berner. Jeffreys father, Alfred Kent Yarborough, suing on his own behalf, recovered a judgment in the sum of $2,000 for past and future medical expenses. Mr. Yarborough also sued as next friend of Jeffrey. In this capacity he recovered judgment in the sum of $8,000 for Jeffreys past and future physical pain and mental anguish. The court of civil appeals has reversed the judgment for medical expenses and rendered judgment that the father take nothing in this portion of the cause of action. The court has also reversed the judgment for Jeffreys pain and mental anguish, but it remanded that portion of the cause for a new trial. Tex.Civ.App., 456 S.W.2d 753. We remand the entire cause to the trial court for a new trial.