Court of Civil Appeals of Texas, 2007

Phillips v. Bramlett

Phillips v. Bramlett
Court of Civil Appeals of Texas · Decided April 30, 2007 · Campbell, Hancock, Reavis
258 S.W.3d 183; 2007 Tex. App. LEXIS 3337; 2007 WL 1245839 (South Western Reporter, Third Series)

Phillips v. Bramlett

Opinion

OPINION ON ORDER OF REMITTITUR

MACKEY K. HANCOCK, Justice.

Appellees, Shane Fuller and Michael Fuller have filled a remittitur of $220,000 each, as suggested in our opinion of March 19, 2007. Accordingly, that portion of the trial court judgment providing that Shane Fuller collect from Benny P. Phillips, M.D. for future pecuniary loss in the principal amount of $250,000 is reformed to provide that Shane Fuller recover from Benny P. *184 Phillips, M.D. the principal amount of $30,000 for future pecuniary loss. That portion of the trial court judgment providing that Michael Fuller collect from Benny P. Phillips, M.D. for future pecuniary loss in the principal amount of $250,000 is reformed to provide that Michael Fuller recover from Benny P. Phillips, M.D. the principal amount of $30,000 for future pecuniary loss. That portion of the trial court judgment providing prejudgment interest is reformed to provide for prejudgment interest on the principal amount $2,921,000 through October 3, 2005, of $545,146.62. After an offset of prejudgment interest for a written settlement offer of $6,630 the total prejudgment interest is $538,516.62.

The trial court judgment is affirmed as reformed herein and is reversed and rendered on the issue of gross negligence, as reflected in our opinion of March 19, 2007.

Consistent with his dissent to the Court’s opinion in this case of March 19, 2007, CAMPBELL, J., dissents without opinion.

REAVIS, S.J., concurring.

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