Texas Supreme Court Case 07-0522
Presenter(s): Texas Supreme Court
Status: Available
Air Date: 4/22/2008
Air Time: 11:00 AM CST
Length: 46 Minutes 38 Seconds
Benny P. Phillips, M.D. v. Dale Bramlett
from Lubbock County and the Seventh District Court of Appeals, Amarillo
For petitioner: Jim Hund, Lubbock
For respondents: John Smithee, Amarillo

The Supreme Court hears arguments of whether Stowers doctrine applies to avoid statutory damages cap in med-mal award. The principal issue is whether medical-malpractice damages are capped under the Medical Liability Insurance Improvement Act when the doctor’s liability insurer may be liable on a bad-faith claim. In this case the trial court ruled that the insurance company’s refusal to settle the case brought it under an exception to the statutory damages limit. Phillips also contends that the plaintiff’s jury argument – that they should send a message and “buck the liberal treatment” of doctors by previous med-mal juries – was incurable. In his lawsuit Bramlett claimed his wife died after a hysterectomy because her surgeon did not check on her before leaving the hospital and did not check his voice mail to learn early enough that she suffered from internal bleeding after her operation. Phillips argues that the jury’s multi-million verdict should have been capped by the medical-malpractice statute because the exception to those limits for an insurer that imprudently rejects a settlement offer – the basis of the Stowers doctrine – would not apply because the judgment was against the doctor, not the insurance company. Even if it does apply to the insurer, he contends, Bramlett did not prove the insurer refused an offer an “ordinary prudent insurer” should have accepted. The trial court refused to cap the damages and the court of appeals affirmed.

Texas Supreme Court Case 05-0653
Presenter(s): Texas Supreme Court
Status: Available
Air Date: 4/22/2008
Air Time: 10:00 AM CST
Length: 54 Minutes 1 Second
Gilbert Kerlin, et al. v. Conception Sauceda, et al.
from Cameron County and the 13th District Court of Appeals, Corpus Christi/Edinburg
For petitioners: Claudia Wilson Frost and Jeremy Gaston, Houston
For respondents: Jules L. Laird Jr., Houston

The Supreme Court hears arguments of limitations issue in heirs’ claim to Padre Island land. In this case, a lawsuit by descendants of an original land-grant owner of Padre Island claiming interest in thousands of acres of the island, principal issues include (1) whether the statute of limitations was tolled by Kerlin’s absence from the state and (2) whether equity should bar the claim. Descendants of Juan Jose Balli — whose uncle was Padre Island’s namesake — sued Kerlin, claiming breach of contract, fraud and breach of fiduciary duty arising originally from Kerlin’s purchase from the Balli heirs of any Padre Island interests by quitclaim deed in the 1930s. The Balli claimants also sued two of Kerlin’s companies. Kerlin’s purchase reserved to the Balli heirs a fraction of gas and oil royalties, if any such royalty interest existed. Kerlin bought the interests by quitclaim deed based on the prospect that the Balli heirs might still have legal title, based on a rescinded sale of the land in 1830. Kerlin and his companies argue that the statute of limitations in this case cannot be halted because, though he was out of state since the quitclaim deeds were bought, his companies were Texas-based. And even if limitations were tolled, they argue, the heirs should be barred by laches from bringing the lawsuit because they waited too long to sue, to the point when almost all witnesses to the half-century-old dealings were dead. A jury awarded damages to the Balli heirs. The court of appeals affirmed.