 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
HCRA of Texas11/3/2005
risk and satisfied objective gross negligence prong); Mobil Oil Corp., 968 S.W.2d at 922-23 (holding known probability of suffering leukemia from benzene exposure was extreme risk and satisfied objective gross negligence prong); Columbia Med. Ctr. of Las Colinas, 122 S.W.3d at 855 (holding known risk that administration of drug to person with decedent's condition was contraindicated and could be lethal was extreme risk and satisfied objective malice prong); Sears, Roebuck & Co. v. Kunze, 996 S.W.2d 416, 428 (Tex. App.--Beaumont 1999, pet. denied) (holding evidence of reported amputations and other severe injuries occurring when consumers used defendant's radial saw that lacked lower blade guard constituted evidence of extreme risk and satisfied objective gross negligence prong). Here, the evidence presented does not demonstrate that, viewed objectively from the standpoint of Nurse Burns, the acts or omissions upon which Appellees premise their exemplary damages claim posed an "extreme degree of risk" to Lloyd. See Dillard Dep't Stores, Inc. v. Silva, 148 S.W.3d 370, 374 (Tex. 2004) (recognizing that conduct, although extreme and outrageous, did not expose plaintiff to extreme risk of substantial harm). Viewing all the evidence in the light most favorable to the jury's malice finding, we hold that a reasonable trier of fact could not have formed a firm belief or conviction that from Nurse Burns's standpoint the risk presented to Lloyd was an extreme risk of serious injury. See J.F.C., 96 S.W.3d at 266. Therefore, we sustain HCRA's fourth issue.
Because we sustain HCRA's fourth issue and hold that the evidence is legally insufficient to support the jury's malice finding, we need not address HCRA's fifth issue challenging the legal and factual sufficiency of the evidence to support the $1,000,000 exemplary damages award, HCRA's sixth issue alleging that the trial court erred by refusing to apply the statutory exemplary damages cap, or HCRA's seventh issue alleging that the $1,000,000 exemplary damages award is unconstitutional and grossly excessive. See TEX. R. APP. P. 47.1.
VII. Conclusion
Having sustained HCRA's fourth issue, we reverse the judgment's award of exemplary damages and render judgment that Appellees take nothing on their exemplary damages claim. Having overruled HCRA's other issues, we affirm the remainder of the trial court's judgment.
PANEL A: CAYCE, C.J.; HOLMAN and WALKER, JJ.
Page 1 2 3 4 5 6 7 8 9 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|