(DOWNLOAD) "Spohn Hospital V. Mayer" by Texas Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Spohn Hospital V. Mayer
- Author : Texas Supreme Court
- Release Date : January 24, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In this medical negligence case, the parties appealed portions of the trial court's judgment following a jury trial. The jury found the defendant Spohn Health System Corporation d/b/a Spohn Hospital liable and awarded damages to the plaintiffs, Karen Mayer and Sandra Hilbrich, individually and as representatives of the estate of their deceased father, Raymond Hilbrich. Spohn argued on appeal that the trial court abused its discretion in awarding pre-judgment interest such that the damages award exceeded the limits of the statutory cap and in ordering as discovery sanctions that certain facts be taken as true at trial. Mayer and Hilbrich asserted on appeal that the Stowers doctrine made the statutory cap limiting the damages award in medical negligence cases inapplicable. The court of appeals did not reach plaintiffs' statutory cap argument, reversed the award of pre-judgment interest, and affirmed the judgment as modified. 72 S.W.3d 52, 69. All parties petitioned for review.