Texas Civil Practice and Remedies Code Section 41.0105 limits recoveries of medical care expenses by an injured claimant to those expenses actually paid or incurred by or on behalf of the claimant. A number of appellate decisions have addressed what this paid-or-incurred language means in different contexts. The opinion in Katy Springs Manufacturing, Inc.
damages
Is “Man’s Best Friend” Mere Property, or of Special Value
The Fort Worth Court of Appeals has held that a party may recover for the loss of companionship or sentimental value of a dog.
In Medlen v. Strickland, the Medlens’ dog escaped and was picked up by animal control. The animal shelter represented to the Medlens that they would put a "hold" on the…
Diamonds are a girl’s best friend
When Leland Dykes proposed to his girlfriend, Pepper Lee, he did so with a $26,000 diamond engagement ring in tow. He also bought a house for Pepper and put it in Pepper’s name. Leland protected his interest in the house through a Property Agreement with Pepper, but did not get a pre-nup covering that pricey ring. So, when…
Is There a Right to Recovery for Negative Tax Consequences?
I ran across this interesting opinion from the Federal Third Circuit Court of Appeals. I am reporting on it because the Fifth Circuit apparently has not yet commented on this damage recovery and the issue could impact Texas state law.
In Eshelman v. Agere Systems, Inc., No. 05-4895, the Third Circuit Court of Appeals holds…
Commingling of Theories under Casteel
The Fort Worth Court of Appeals issued a couple of opinions in Young v. Thota addressing an alleged jury charge error. In this medical negligence case, the alleged charge error relates to whether the trial court should have submitted an issue asking whether the plaintiff was contributorily negligent or whether the plaintiff’s acts raised mitigation of damages questions. The majority concludes that it…
Tax Returns Not Relevant to Net Worth
In this mandamus action, the Eastland Court of Appeals held that federal tax returns are not relevant or material to the issue of the defendant’s net worth. While the court of appeals held that a plaintiff seeking exemplary damages need not make a prima facie showing of entitlement of exemplary damages in order to obtain discovery on…
Evidence of Defendant’s Wealth Held Harmful
The Texas Supreme Court recently reversed a decision by the Houston Fourteenth District Court of Appeals, which held harmless the trial court’s admission of evidence related to the defendant’s wealth. Reliance Steel & Aluminum Co. v. Sevcik, No. 06-0422, 2008 Tex. LEXIS 861 (Tex. Sept. 26, 2008). Continue Reading Evidence of Defendant’s Wealth Held Harmful