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Jocson v. Crabb10/13/2005
OPINION ON REMAND
After a confidential settlement, the trial court awarded Joe Crabb $117,150 in guardian ad litem fees and an additional $55,000 for appellate fees. In three issues, Maria Jocson, M.D. and Woman's Hospital of Texas, Inc. (" the hospital") argue that the trial court abused its discretion in awarding Crabb $120,077.75 in guardian ad litem fees in the underlying medical malpractice suit. In our original opinion in this case, we held that the appellants waived their complaints by failing to provide an adequate record for review and by failing to pursue their objections during the course of pre-trial discovery, and we affirmed the award. Jocson v. Crabb, 98 S.W.3d 273 (Tex. App.---Houston [1st Dist.] 2003). The Texas Supreme Court subsequently granted the appellants' petition for review, reversed this Court's judgment, and ordered us to review the appeal on the merits. Jocson v. Crabb, 133 S.W.3d 268 (Tex. 2004). We reverse and render.
Background
On April 30, 1998, Adrienne and David Draper sued Texas Woman's Hospital, Dr. Jocson, and other healthcare providers for damages allegedly sustained as a result of medical malpractice during the birth of their daughter. They claimed that their daughter suffered brain damage during the delivery. On December 12, 1998, after approximately eight months of pre-trial activity, the trial court appointed Crabb as the guardian ad litem for the Drapers' daughter. On December 30, John F. Irwin, M.D., who is not a party to this appeal and who bears no responsibility under the trial court's order for payment of the guardian ad litem fees, filed a motion for reconsideration of the appointment of the guardian ad litem. The trial court denied the motion. No other party presented any further complaint regarding the appointment of Crabb as the guardian ad litem.
On October 1, 2001, after the Drapers reached a confidential settlement with all the defendants in the case, the trial court conducted a hearing on Crabb's request for guardian ad litem fees. The only two witnesses who testified during the hearing were Crabb and Jimmy Williamson, the Drapers' trial attorney.
Crabb testified that he has been a licensed attorney for more than 30 years and has served as a guardian ad litem between 30 and 50 times. He testified that this was an extremely complex medical malpractice case because "the medical professionals differed in their opinion." Crabb submitted a 42-page fee invoice that reflected 585.75 hours of work billed at $200 an hour and totaled $117,150. In addition, Crabb testified that he had independently, without leave of court, retained legal counsel for the purpose of creating a trust for the Drapers' child. Crabb sought an additional $2,927.75 to pay the firm of Crain, Caton & James for their services concerning the trust. Finally, Crabb asked the trial court for the following appellate fees: $30,000 in the event that an unsuccessful appeal was filed and pursued in the court of appeals, $10,000 in the event that a petition for review was filed and denied in the Texas Supreme Court, and $15,000 in the event that the supreme court granted a petition for review and affirmed the award. The trial court awarded Crabb all the fees that he submitted.
Ad Litem Fees
In three issues, Dr. Jocson and the hospital argue that (1) the trial court abused its discretion in its award of ad litem fees to Crabb for his work in the trial court, (2) there is legally and factually insufficient evidence to support the award of ad litem fees to Crabb, and (3) the trial court abused its discretion in the award of ad litem fees to Crabb on appeal.
Standard of Review
Rule 173 v
Page 1 2 3 4 Texas Personal Injury Attorneys
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