Opinion
No. 04-18-00118-CV
05-06-2020
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
CONCURRING AND DISSENTING OPINION
From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-04936
Honorable Norma Gonzales, Judge Presiding
CONCURRING AND DISSENTING OPINION ON MOTION FOR REHEARING AND REMITTITUR
Opinion by: Liza A. Rodriguez, Justice
Concurring and Dissenting Opinion by: Sandee Bryan Marion, Chief Justice, joined by Patricia O. Alvarez, Justice Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice
Justice Rebeca C. Martinez has recused herself from this appeal.
I concur in the majority's opinion on motion for rehearing and remittitur in all respects except its conclusion that remittitur is not appropriate on the settlement credit issue. Because I would hold remittitur is appropriate on the settlement credit issue for the reasons stated in my concurring and dissenting opinion dated February 5, 2020, I would suggest a remittitur in the full amount of the settlement. See TEX. R. APP. P. 46.3. I, therefore, respectfully dissent in part as to that issue. I join the majority in its decision to affirm the judgment as modified regarding the award of damages for future loss of earning capacity, as well as its decision to deny Puente's motion for rehearing.
Sandee Bryan Marion, Chief Justice