Chesser v. LifeCare Management Services, L.L.C.
356 S.W.3d 613
Tex. App.2011Background
- Curtis Chesser sued LMS and Hospital for health care liability damages following PEG-tube complications at Hospital.
- Settling doctors Adedokun, Ferree, and DeLange were excluded from the trial evidence; the jury found Hospital and LMS negligent and allocated 60% and 30% responsibility, respectively.
- Chesser incurred substantial noneconomic damages; the trial court applied a 10% percentage-of-responsibility settlement credit and subtracted it from damages.
- Chesser appealed, challenging the submission of the settling doctors’ negligence and the allocation of settlement credits.
- Appellees cross-appealed on multiple issues including a joint-enterprise finding, noneconomic-damages caps, prejudgment/postjudgment interest, and funding of future damages via periodic payments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| No evidence supports submitting settling doctors’ negligence | Chesser argues no expert proof supports standard of care, breach, or causation for Adedokun, Ferree, DeLange. | LifeCare argues there was evidence, including expert and trial testimony, of negligence by the settling doctors. | Sustained; no legally sufficient evidence of settling doctors’ negligence or their percentage of responsibility. |
| Evidence insufficient to support joint enterprise between LMS and Hospital | Chesser contends joint enterprise existed, making both liable for the entire judgment. | Appellees contend there was a community of pecuniary interest and equal control generating vicarious liability. | Sustained; no evidence of a community of pecuniary interest or equal voice; LMS not jointly and severally liable for the entire judgment. |
| Caps and vicarious liability interplay regarding noneconomic damages | Chesser argues caps apply to each entity separately; joint liability cannot exceed cap. | Appellees contend caps either conflict with or do not preclude joint liability. | Sustained in part; 74.301(a) and (b) apply separately to LMS and Hospital; 74.301(b) governs Hospital; LMS’s joint-and-several exposure for the LMS cap is limited; LMS liable for 30% of total noneconomic damages while Hospital bears the remaining capped $250,000, with appropriate allocation. |
| Lawful funding of future damages by periodic payments | Appellees argue judgment language and funding method under 74.505 compelled by statute; invited error doctrine. | Affirmed that court acted within statutory authority to order periodic payments; invited-error doctrine applied to part of the claim. |
Key Cases Cited
- Coastal Transp. Co. v. Crown Central Petroleum Corp., 136 S.W.3d 227 (Tex. 2004) (conclusive evidence standards; expert testimony must be substantive, not conclusory)
- Keller v. City of Fort Worth, 168 S.W.3d 802 (Tex. 2005) (legal sufficiency review; standard for reviewing jury verdicts)
- Wal-Mart Stores, Inc. v. Merrell, 313 S.W.3d 837 (Tex. 2010) (conclusory expert testimony constitutes no evidence for causation)
- Havner v. Merrell Dow Pharms., Inc., 953 S.W.2d 711 (Tex. 1997) (necessity of evidence beyond bare conclusions for expert causation)