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This case involves an appeal in a health care liability claim where the appellees, daughters of Wanda Granger, sued Cresthaven Nursing Residence, Cantex Healthcare Centers, and its general partners for negligence that allegedly resulted in Granger's injury and death. A jury awarded $9 million, which was subject to a statutory damage cap. The appellate court initially found prejudgment interest was not subject to the cap and suggested remittiturs for excessive damages. However, on rehearing, the court modified its decision, aligning with a new Supreme Court ruling that prejudgment interest is included in the damage cap, and affirmed the judgment with an adjusted cap of $1,413,008.13. Key issues included the application of the damage cap, prejudgment interest calculation, spoliation instruction, and expert witness qualification.
Cresthaven Nursing Residence v. Freeman is a workers' compensation case decided in Texas Court of Appeals, 7th District (Amarillo). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 7th District (Amarillo).
Full Decision Text1 Pages
This case involves an appeal in a health care liability claim where the appellees, daughters of Wanda Granger, sued Cresthaven Nursing Residence, Cantex Healthcare Centers, and its general partners for negligence that allegedly resulted in Granger's injury and death. A jury awarded $9 million, which was subject to a statutory damage cap. The appellate court initially found prejudgment interest was not subject to the cap and suggested remittiturs for excessive damages. However, on rehearing, the court modified its decision, aligning with a new Supreme Court ruling that prejudgment interest is included in the damage cap, and affirmed the judgment with an adjusted cap of $1,413,008.13. Key issues included the application of the damage cap, prejudgment interest calculation, spoliation instruction, and expert witness qualification.
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