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COLUMBIA HOSP. CORP. OF HOUSTON v. MOORE

No. 01-99-00284-CV.

43 S.W.3d 553 (2001)

COLUMBIA HOSPITAL CORPORATION OF HOUSTON d/b/a Columbia Bellaire Medical Center, Appellant, v. Jesse MOORE and Charlotte Johnston and Carolyn Hale, Individually and as Representatives of the Estate of Katherine Moore, Deceased, Appellees. Jesse Moore and Charlotte Johnston and Carolyn Hale, Individually and as Representatives of the Estate of Katherine Moore, Deceased, Appellants, v. Columbia Hospital Corporation of Houston d/b/a Columbia Bellaire Medical Center, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

February 23, 2001.

Attorney(s) appearing for the Case

Donald P. Wilcox, for Amicus Curiae.

P. Michael Jung, Dallas, for Appellant.

Richard Frankel, Houston, for Appellee.

Panel consists of Justices COHEN, TAFT, and PRICE.

OPINION

COHEN, Justice.

The first-impression issues in this appeal are (1) whether prejudgment interest assessed under the Medical Liability and Insurance Improvement Act's (MLIIA)1 subchapter P is excluded from the damages cap and (2) whether the damages cap applicable to a single defendant who is jointly and severally liable may be multiplied by the number of culpable defendants. The trial judge answered both in the affirmative...

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