Military Highway Water Supply Corporation v. Morin, Francisca

• Court: Court of Appeals of Texas
• Decided: September 11, 2003
• Docket: 13-99-00532-CV
• Status: Published

Opinion

NUMBER 13-99-532-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

MILITARY HIGHWAY WATER SUPPLY CORPORATION

, Appellant,

v.

FRANCISCA MORIN, ET AL., Appellees.

On appeal from the 93rd District Court

of Hidalgo County, Texas.

SUPPLEMENTAL OPINION

ON FILING OF REMITTITUR

Before Justices Hinojosa, Castillo, and Dorsey ⁽¹⁾

Opinion by Justice Castillo

This Court, in our opinion dated August 26, 2003, suggested that the estate and survivors of Ausencio Bautista Ramos remit the sum of $130,710 to reflect a statutory limitation of appellant Military Highway Water Supply Corporation's total liability for Bautista's death to $500,000. The Bautista parties have filed the suggested remittitur.

Therefore, in accordance with our previous opinion and the Bautista parties' remittitur, we: (1) affirm the jury's liability finding against Military Highway; (2) reverse that portion of the judgment awarding $385,000 to appellee Maria Del Pilar Mota and modify the damages awarded to her as directed in the remittitur to $326,271.19; (3) reverse that portion of the judgment awarding a total of $630,710 to Bautista's estate and survivors and modify the damages awarded to Bautista's estate and the rest of his survivors as directed in the remittitur as follows: $12,711.86 to Maria Del Pilar Bautista; $16,949.15 to Ausencio Bautista Mota, Jr.; $16,949.15 to Yaxhira Itzel Mota Bautista; $21,186.44 to Patricia Elizabeth Bautista; and $105,932.20 to the Estate of Ausencio Bautista Ramos; (4) affirm the judgment as modified; and (5) order the parties to bear their own costs on appeal. The remainder of damages awarded by the trial court's judgment remain unchanged.

ERRLINDA CASTILLO

Justice

Justice Dorsey not participating.

Opinion delivered and filed this

the 11th day of September, 2003.

1. Retired Justice J. Bonner Dorsey assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov't Code Ann. § 74.003 (Vernon 1998); however, his term expired on August 31, 2003.