Court of Civil Appeals of Texas, 2020

Jesus Virlar, M.D. and GMG Health Systems Associates, P.A., A/K/A and D/B/A Gonzaba Medical Group v. Jo Ann Puente

Jesus Virlar, M.D. and GMG Health Systems Associates, P.A., A/K/A and D/B/A Gonzaba Medical Group v. Jo Ann Puente
Court of Civil Appeals of Texas · Decided October 14, 2020

Jesus Virlar, M.D. and GMG Health Systems Associates, P.A., A/K/A and D/B/A Gonzaba Medical Group v. Jo Ann Puente

Opinion

Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-18-00118-CV Jesus VIRLAR, M.D. and GMG Health Systems Associates, P.A., a/k/a and d/b/a Gonzaba Medical Group, Appellants v. Jo Ann PUENTE, Appellee From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2014-CI-04936 Honorable Norma Gonzales, Judge Presiding BEFORE THE EN BANC COURT 1 In accordance with this court’s opinion of this date, the portion of the trial court’s judgment awarding damages for future loss of earning capacity is MODIFIED to reflect that Appellee Jo Ann Puente recover damages from appellants in the amount of $880,429.00. As modified, the portion of the trial court’s judgment awarding damages for future loss of earning capacity is AFFIRMED. We do not disturb any other damages awarded by the jury. Further, the judgment of the trial court is REVERSED IN PART and this cause is REMANDED for the trial court (1) to conduct an evidentiary hearing on any benefit received by Puente from C.P.’s settlement with the hospital pursuant to Utts v. Short, 81 S.W.3d 822 (Tex. 2002), and apply any appropriate settlement credit, if any, and (2) to sign a new judgment in conformity with this court’s opinion. Costs of appeal are taxed against the party incurring same.

Appellee Jo Ann Puente’s second motion for rehearing is GRANTED.

SIGNED October 14, 2020.

_____________________________ Liza A. Rodriguez, Justice

Justice Rebeca C. Martinez has recused herself from this appeal.

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