J.d. Hofer, Petitioners v. Sharon Lavender, Respondent

Summary

The Texas Supreme Court held that exemplary damages may be recovered from the estate of a deceased tortfeasor under the Texas Survival Statute and that the constitutional limitation on who may recover does not bar such recovery by the Hofers individually. The Court reversed the Court of Appeals, affirmed the trial court’s individual exemplary damage awards, and remanded for a determination of excessiveness of the award to the estate of June Hofer. Justice Spears and Chief Justice Pope dissented, arguing that exemplary damages should not be allowed against a dead tortfeasor.