Benjamin Scott Zertuche v. Chelsea Wessels, CRS Healthcare, LLC, and Joey Urrabazo

Opinion

Fourth Court of Appeals San Antonio, Texas

JUDGMENT No. 04-18-00429-CV

Benjamin Scott ZERTUCHE, Appellant

v.

Chelsae WESSELS and Joey Urrabazo, Appellees

From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 13-10-0938-CVA Honorable Karen H. Pozza, Judge Presiding

BEFORE JUSTICE BARNARD, JUSTICE ALVAREZ, AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, we DISMISS WITH PREJUDICE Chelsae Wessels’s assault, intentional infliction of emotional distress, and loss of consortium claims that are based on the pregnancy and abortion facts alleged primarily in paragraphs 24–39 of Defendants’ First Amended Answer to Third Amended Third Party Petition and Counterclaim.

We DISMISS WITH PREJUDICE Joey Urrabazo’s intentional infliction of emotional distress and loss of consortium claims that are based on the pregnancy and abortion facts alleged primarily in paragraphs 24–39 of Defendants’ First Amended Answer to Third Amended Third Party Petition and Counterclaim.

We REMAND this cause to the trial court to award reasonable attorney’s fees and costs of court incurred for the dismissed claims only, and for further proceedings consistent with this opinion.

SIGNED November 14, 2018.

_____________________________

Patricia O. Alvarez, Justice