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TEXAS HEALTH ENTERPRISES, INC. v. GEISLER

No. 2-98-026-CV.

9 S.W.3d 163 (1999)

TEXAS HEALTH ENTERPRISES, INC., d/b/a Kern Manor And Hea Management Group, Inc., Appellants, v. Walter R. GEISLER, Individually and as Legal Representative of the estate of Ruth Simmons, Appellee. Walter R. Geisler, Individually and as legal representative of the Estate of Ruth Simmons, Appellant, v. Texas Health Enterprises, Inc., d/b/a Kern Manor and Hea Management Group, Inc., Appellees.

Court of Appeals of Texas, Fort Worth.

June 24, 1999.

Attorney(s) appearing for the Case

Underwood, Wilson, Berry, Stein & Johnson, P.C. and Kelly Utsinger, Dan L. Schaap, Gavin J. Gadberry of Amarillo, Texas, Schell, Beene & Vaughan, L.L.P. and Elizabeth Florence and R. Michael Beene, Dallas, for Appellants/Appellees.

Sue Walker and Barkholtz, Boehme & Borchardt and Brandon Boehme and Geno Borchardt, Fort Worth, for Appellee/Appellant.

Panel B: DAUPHINOT, RICHARDS, and HOLMAN, JJ.

OPINION

LEE ANN DAUPHINOT, Justice.

I. INTRODUCTION

In this appeal, we are primarily asked to decide whether the Medical Liability and Insurance Improvement Act1 caps the amount of punitive damages a claimant may collect. We hold that it does not. In response to the remaining issues raised in this court:

[ ] we decline to hold the constitutional provision that provides for punitive damages in wrongful death...

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