Opinion
No. 04-02-00180-CV.
Delivered and Filed: March 5, 2003.
Appeal from the 381st Judicial District Court, Starr County, Texas, Trial Court No. DC-00-325, Honorable John A. Pope, III, Judge Presiding.
AFFIRMED.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION.
A jury rendered a take-nothing verdict in favor of Appellee Elva Nelia Garcia. Appellants Mario Hernandez, Victor Ibanez, and Guillermo Ibanez bring five issues on appeal. We overrule all issues and affirm the judgment of the trial court.
On December 10, 1998, Victor Ibanez was driving a car on Main Street in Rio Grande City, Texas. Guillermo Ibanez and Mario Hernandez were passengers in the car. At about the 800 block of Main Street, Victor Ibanez's car was hit from behind by Elva Nelia Garcia's car. The Ibanezes and Hernandez brought suit against Garcia for personal injuries and damages they allegedly sustained as a result of the accident. At trial, the jury found that neither Victor Ibanez nor Garcia negligently caused the accident. The jury also found that Victor Ibanez had suffered $0 damages, Guillermo Ibanez had suffered $0 damages, and Mario Hernandez had suffered $0 damages. The trial court entered judgment in accordance with the jury's verdict.
Although appellants have brought five issues on appeal, none of these issues challenge the jury's zero-damages findings. In Harris v. General Motors Corp., 924 S.W.2d 187, 188 (Tex.App.-San Antonio 1996, writ denied), we held that any error in the trial court's take-nothing judgment was waived when the plaintiff failed to challenge the jury's no-damages finding. "When a separate and independent ground that supports a judgment is not challenged on appeal, the appellate court must affirm." Id. at 188 (quoting San Antonio Press, Inc. v. Custom Bilt Mach., 852 S.W.2d 64, 65 (Tex.App.-San Antonio 1993, no writ)). The jury's no-damages findings are separate and independent grounds for affirming the judgment which renders any error in the liability finding harmless. Id.
For the foregoing reasons, the appellants' issues are overruled and the judgment of the trial court is affirmed.