Sign In
Events
Newsletters
Search

Close

Close Search

SEARCH
MY LAW.COMNEW

In re Columbia Medical Center of Las Colinas

Regardless of whether an appellate court judgment expressly commands it, trial courts must give effect to statutory caps on damages when the parties raise the issue. Accordingly, to give full effect to the appellate court's judgment vacating a portion of economic damages, the trial court was required to reduce the punitive damages award in compliance with the statutory cap. By failing to do so, the trial court abused its discretion. Texas Supreme Court, No. 09-0733, 03-12-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ON PETITION FOR WRIT OF MANDAMUS

In this mandamus case, we must decide whether a trial court abused its discretion by refusing to reduce a punitive damages award where such damages were statutorily capped as measured against an economic damages award. We hold that it did. In a previous appeal of this same underlying case, we rendered a judgment that reduced the amount of economic damages awarded. Columbia Med. Ctr. of Las Colinas, Inc. v. Hogue, 271 S.W.3d 238, 257 (Tex. 2008). Although our judgment did not also expressly order a reduction of the award of punitive damages, it is what the statute requires. See TEX. CIV. PRAC. & REM. CODE § 41.008(b). Accordingly, we conditionally grant the writ of mandamus.

In the underlying suit, the widow and sons of Robert Hogue, Jr. won a jury verdict on their medical malpractice claims against Columbia Medical Center. The trial court and court of appeals awarded them economic and punitive damages. Id. (capping any punitive damages award at (1) two times any amount of economic damages plus (2) an amount equal to any non-economic damages not exceeding $750,000). On appeal, we reversed the judgment of the court of appeals in part, vacating a portion of the economic damages award-loss of inheritance damages-for want of legally sufficient evidence, while affirming the rest of the judgment. Columbia Med. Ctr., 271 S.W.3d at 257. Our judgment read in relevant part:

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023
TBC, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023
TBC

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Go to Events Go to Webcasts

LABOR AND EMPLOYMENT ATTORNEY - NEW YORK


AV-rated Garden City, NY law firm seeks attorney with 5+ years' experience for firm's labor & employment department. Prior experience ne...


Apply Now ›

Trusts and Estates Associate Milford, CT


The Law Offices of Charles L. Kurmay seeks an associate attorney. While we have locations in Milford, and Madison, CT, and a presence in the...


Apply Now ›

Global Insurance Department Member


Cozen O Connor s Global Insurance Department seeks a Member with at least 8 years of significant insurance coverage experience to join the H...


Apply Now ›
Go to Lawjobs

LAWYERS OF DISTINCTION

05/25/2023
NLJ Web

Lawyers of Distinction would like to announce...


View Announcement ›

DAVIS, SAPERSTEIN & SALOMON, P.C.

05/08/2023
NJLJ Web

It is our privilege & honor to announce the addition of Steven H. Cohen, Patricia Z. Boguslawski, Evan D. Baker & Kelly A. Conlon as new partners of DAVIS, SAPERSTEIN & SALOMON, P.C.


View Announcement ›

FERRO LABELLA & WEISS LLC

05/08/2023
NJLJ Web

FERRO LABELLA & WEISS LLC would like to announce that....


View Announcement ›
Go to Professional Announcements

Legal Newswire

New Legal Powerhouse, Trucking Injury Law Group, Launched by Trio of Esteemed Pe...
Kathryn Murphy and Lindsey Obenhaus honored by D Magazine as Best Lawyers in Dal...
BRADLEY LAUNCHES ATLANTA OFFICE
SEDA Experts Expands its Capital Markets and Asset Management Expert Witness Pra...
Submit a press release