It has been said that legal issues of an admiralty and maritime nature have a certain “saltiness” about them. At first glance, the Texas Supreme Court’s July 1 decision in Haygood v. de Escabedo has little in the way of salty flavor, as it is an appeal of a car wreck case. Admiralty practitioners should be cognizant of this opinion, however, as it has far-reaching impact upon admiralty personal-injury cases filed in Texas state courts.
Haygood finally gives guidance on a provision of the 2003 tort reform package that has caused significant consternation and disagreement in trial and appellate courts across Texas — §41.0105 of the Texas Civil Practice & Remedies Code, commonly known as the “paid vs. incurred” statute. Haygood reaffirms the plain language of §41.0105 that a claimant’s recovery of medical expenses is limited to those that have been or must be paid by or for the claimant, but also resolves how §41.0105 is applied at trial.
