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Click here for the full text of this decision FACTS: Following an accident, 50-year-old Ronald Honeycutt became a quadriplegic in June 2000. After receiving treatment at Covenant Medical Center, he was transferred to IHS Lubbock, and then to Bender Terrace, both nursing homes, where pressure sores grew in number and severity to the point that Honeycutt had to be transferred back to Covenant for treatment. After treatment, Honeycutt went to other nursing homes. Honeycutt sued Bender and IHS, which settled with Honeycutt for $295,000. Honeycutt’s case against Bender went to trial, where a jury found Bender 51 percent negligent for Honeycutt’s injuries and Honeycutt 49 percent responsible. The jury awarded Honeycutt $350,000 for pain and suffering, plus $180,000 in medical expenses. The trial court awarded Honeycutt 51 percent of that amount, or $270,300. Bender raises several issues on appeal: 1. The trial court erred by failing to apply the settlement credits; 2. The trial court erred by failing to include IHS in its jury charge “for purposes of determining percentages of responsibility”; 3. The evidence was legally and factually insufficient to support the award of medical expenses; and 4. The evidence was legally and factually insufficient to support the award for pain and suffering. HOLDING: Reversed and remanded. The court notes that to obtain a dollar-for-dollar settlement credit, Bender had to elect that option in writing before the case was submitted to a factfinder, which Bender did. It was then up to Honeycutt to show that certain amounts of his settlement with IHS should not be credited, which Honeycutt did not. The agreement between Honeycutt and IHS did not expressly segregate funds to be excluded in the calculation of the credit from those to be concluded. “Given the wording of the agreement, its allusion to all the claims and issues implicated in the suit generally, and Honeycutt’s effort to hold all defendants jointly and severally liable, it cannot be said that the settlement agreement sufficiently allocated the monies paid by IHS Lubbock to injuries solely caused by IHS Lubbock or its agents and employees. Thus, as the agreement is written, Honeycutt failed to carry his burden as imposed by [Mobil Oil Corp. v. Ellender, 968 S.W.2d 917 (Tex. 1998)], and the trial court abused its discretion in refusing to credit the $295,000 settlement amount against the jury verdict.” The court also agrees with Bender that the evidence was legally and factually insufficient to support the medical expenses award. The evidence showed that multiple conditions besides the pressure sores needed to be treated, but the evidence did not segregate out those expenses related solely to treatment of the pressure sores. Consequently, the case should be remanded to determine what that amount was. The court rejects Bender’s remaining two arguments on appeal. The trial court’s comparative negligence jury instruction was proper. Bender failed to direct this court to evidence supporting a finding that the acts or omissions of IHS were somehow a substantial factor in causing those injuries. Also, the evidence supporting the award of pain and suffering damages was legally and factually sufficient. The court dismisses Bender’s argument that Honeycutt’s quadriplegia rendered him unable to experience any pain caused by the pressure sores. OPINION: Quinn, C.J.; Quinn, C.J., Reavis and Campbell, J.J.

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