After the jury returned a verdict in favor of the plaintiff, but before judgment was rendered, the plaintiff died. Although the defendant/appellant, a hospital, initially requested periodic payments of the future custodial care expenses awarded by the jury, which would have then terminated upon the plaintiff's death, the hospital withdrew its request for periodic payments. The trial court correctly followed Texas Rule of Civil Procedure 156 that requires a judgment to be rendered as if all parties were living. The trial court's judgment is affirmed. Waco Court of Appeals, No. 10-11-00306-CV, 12-06-2012.
St. Joseph Regional Health Center v. Hopkins
Tex. App. Dist. 10
December 11, 2012