Columbia Hospital Corp. of Houston v. Moore

43 S.W.3d 553, 2001 Tex. App. LEXIS 1362, 2001 WL 206051
CourtCourt of Appeals of Texas
DecidedFebruary 23, 2001
Docket01-99-00284-CV
StatusPublished
Cited by11 cases

This text of 43 S.W.3d 553 (Columbia Hospital Corp. of Houston v. Moore) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Columbia Hospital Corp. of Houston v. Moore, 43 S.W.3d 553, 2001 Tex. App. LEXIS 1362, 2001 WL 206051 (Tex. Ct. App. 2001).

Opinions

OPINION

COHEN, Justice.

The first-impression issues in this appeal are (1) whether prejudgment interest assessed under the Medical Liability and Insurance Improvement Act’s (MLIIA)1 subchapter P is excluded from the damages cap and (2) whether the damages cap applicable to a single defendant who is jointly and severally liable may be multiplied by the number of culpable defendants. The trial judge answered both in the affirmative and rendered judgment ae-[555]*555cordingly. We agree with the trial judge only on the first issue. Accordingly, we reverse and remand with instructions.

I. Background

Charlotte Johnson and Carolyn Hale, individually and as the representatives of the estate of Kathrine Moore, deceased, and Jesse Moore (the Moore parties) sued Columbia Hospital Corporation of Houston d/b/a Columbia Bellaire Medical Center (Columbia) and Katherine Moore’s two treating physicians, Drs. Uriel Mushin and Jordan Train, under the wrongful death and survival statutes for Katherine Moore’s death after surgery at Columbia and for their own resulting mental anguish and loss of companionship and consortium. The jury found all defendants negligent; assessed causal negligence at 60 percent to Columbia, 30 percent to Dr. Mushin, and 10 percent to Dr. Train; and found plaintiffs’ actual damages collectively to be $8 million.

Without capping Columbia’s liability under the MLIIA, the trial judge rendered judgment on November 18, 1998 on the jury verdict, plus pre- and postjudgment interest, stipulated medical expenses of $174,202.53, and stipulated funeral expenses of $4,361. The judge also found Columbia jointly and severally liable for all damages awarded to all plaintiffs. On December 31, 1998, the trial judge modified the final judgment to reflect the damages cap ($1,305,6912) applicable to Columbia, but applied that cap separately to each plaintiffs damages, rather than to the collective award against Columbia. Consequently, because only Columbia’s liability to the estate exceeded the single cap amount, only that award was capped; Columbia’s liability to the other plaintiffs was not capped. The judge also excluded prejudgment interest, funeral expenses, and medical expenses from the cap.3 The judge further found Columbia jointly and severally liable for all medical and funeral expenses awarded to the estate and for all damages awarded to all plaintiffs other than the estate. The awards may be summarized as follows (the shaded areas indicate those sums for which Columbia was held jointly and severally liable):

Principal Prejudgment Total Defendant_Plaintiff_Amount_Interest_Amount
Columbia Estate (non-medical/non- $ 1,305,6914 $ 300,487.79 $1,606,178.79 _funeral)___
_Estate (medical/funeral) $ 107,138.12 $ 24.656.44 $ 131,794.56
_Jesse Moore_$ 300,000 $ 34,520.55 $ 334,520.55
_Charlotte Johnson_$ 30,000 $ 3,452,06 $ 33,452,06
Carolyn Hale$ 30,000 $ 3,452.06 $ 33,452.06
Totals: $1,772,829.12 $ 366,568.90 $2,139,398.02
Dr. Mushin Estate (non-medical/non- $ 720,000 $ 165,698.63 $ 885,698.63 _funeral)_'__
Estate (medical/funeral) $ 53,569.06 $ 12,328.22 $ 65,897.28
[556]*556Jesse Moore_$ 150,000 $ 17,260.27 $ 167,260.27
Charlotte Johnson_$ 15,000 $ 1,726.03 $ 16,726.03
Carolyn Hale$ 15,000 $ 1,726.03 $ 16,726.03
Totals: $ 953,569.06 $ 198,739.18 $1,152,308.24
Dr. Train Estate (non-medical/non- $ 240,000 $ 55,232.88 $ 295,232.88 _ funeral)_
_Estate (medical/funeral) $ 17,856.35 $ 4,109.41 $ 21,965.76
_Jesse Moore_$ 50,000 $ 5,753.42 $ 55,753.42
_Charlotte Johnson_$_5,000 $ 575.34 $ 5,575.34
Carolyn Hale$ 5,000 $ 575.34 $ 5,575.34
Totals: $ 317,856.35 $ 66,246.39 $ 384,102.74
Plaintiffs’ Total Combined Recovery_$3,044,254.53 $ 631,554.47 $ 3,675,809

Columbia moved to modify the December 31st judgment, arguing the trial judge erred by (1) holding Columbia jointly and severally liable for amounts over the MLI-IA single damages cap of $1,305,691 (all shaded areas in the chart above); (2) applying the damages cap to each plaintiffs award, rather than to the collective damages awarded against Columbia; and (3) not capping funeral expenses and prejudgment interest. The Moore parties also moved to modify the December 31st judgment, arguing the judge erred by (1) limiting Columbia’s joint and several liability to exclude most damages awarded to the estate against the doctors (the first row of damages awarded against each doctor, unshaded in the chart above) and (2) capping Columbia’s damages to the estate at $1,305,691, the value of a single damages cap, rather than at $3,917,073, the value of a single damages cap multiplied by three for the number of culpable defendants. Both motions were overruled by operation of law.

Drs. Mushin and Train settled after judgment for an undisclosed amount. Columbia and the Moore parties appeal.

II. The Issues on Which Both Parties Agree

A. Application of the Damages Cap on a Per-Plaintiff Basis

In their issue one, both parties argue the trial judge erred in applying the MLIIA damages cap — however it is calculated — on a per-plaintiff basis, rather than on a per-defendant basis. We agree. See Rose v. Doctors Hosp., 801 S.W.2d 841, 847 (Tex.1990) (“[T]he damages cap should be applied on a ‘per defendant’ basis because the language of § 11.02(a) clearly applies to the recovery against the individual defendant, not the award to the individual plaintiff.”).

We sustain both parties’ issue one.

B. Funeral Expenses

In issue four, Columbia argues the trial judge erred by not including funeral expenses within the damages subject to the MLIIA damages cap. The Moore parties’ brief concedes this. Compare Tex. Rev.Civ.Stat.ANN. art. 4590i, § 11.02(b) (Vernon Supp.2001) (exempting only past and future “expenses of necessary medical, hospital, and custodial care” from the damages cap).

Accordingly, we sustain Columbia’s issue four.

[557]*557III. Prejudgment Interest and the MLIIA’s Damages Cap

In issue three, Columbia argues the trial judge erred by not capping prejudgment interest. We disagree.

A. The Statutes

MLIIA subchapter K, section 11.02 provides as follows:

In an action on a health care liability claim where final judgment is rendered against a physician or health care provider, the limit of civil liability for damages of the physician or health care provider shall be limited to an amount not to exceed $500,000.5

Tex.Rev.Civ.Stat.Ann.

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43 S.W.3d 553, 2001 Tex. App. LEXIS 1362, 2001 WL 206051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbia-hospital-corp-of-houston-v-moore-texapp-2001.