(CN) – A Texas man convicted of murder can try to reduce a $1.2 million civil judgment against him by claiming that the victim tried to shoot him, a Texas appeals court ruled.
The family of Ramgath Durgapersad filed a wrongful-death lawsuit against Chrisondath Badall, who murdered Durgapersand. The family moved for summary judgment, asserting that the murder conviction barred Badall from re-litigating the issues from the criminal case.
The trial court awarded the family $1.2 million.
Badall asked the court to reduce that amount, saying the victim was partially at fault, and the relatives’ affidavits contained “conclusory statements.”
Judge Horton of the 9th District Court of Appeals in Beaumont ruled that issues of material fact exist over whether Durgapersad tried to shoot Badall.
Also, Horton ruled that summary judgment is not the proper way to adjudicate the plaintiff’s losses, which purportedly include pain and suffering, mental anguish and loss of consortium.
“The resulting losses are subjective, unliquidated, and non-pecuniary,” Horton wrote. “Because damages in this case are unliquidated and Badall contests liability, the appropriate remedy to remand the entire cause as to both liability and damages.”