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HORIZON/CMS HEALTHCARE CORPORATION v. AULD

No. 99-0169.

34 S.W.3d 887 (2000)

HORIZON/CMS HEALTHCARE CORPORATION d/b/a Heritage Western Hills Nursing Home, Petitioner, v. Lexa AULD, administratrix of the Estate of Martha Hary, deceased, Respondent.

Supreme Court of Texas.

Argued November 17, 1999.

Attorney(s) appearing for the Case

Michelle E. Robberson, Diana L. Faust, R. Brent Cooper, Cooper & Scully, Ira Thomas King, Laura L. Frey, Dallas, for petitioner.

H. Dustin Fillmore, Fillmore Law Firm, Fort Worth, Dana C. Livingston Cobb, Cook Roach & Lawless, Austin, H. Dustin Fillmore, III, Charles W. Fillmore, Fillmore Law Firm, Fort Worth, for respondent.

Justice ABBOTT delivered the opinion of the Court, in which Justice HECHT, Justice ENOCH, Justice OWEN, and Justice GONZALES join.

The focus of this case is whether Texas Revised Civil Statutes article 4590i, section 11.02(a) (part of the Medical Liability and Insurance Improvement Act), or Texas Civil Practice and Remedies Code section 41.007, provides a statutory basis for capping punitive damages that are awarded in cases involving health-care-liability claims...

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