Texas Supreme Court
General Chemical Corporation, Petitioner v. Gonzalo De La Lastra and Amada De La Lastra
June 3, 1993852 S.W.2d 916
Summary
The Texas Supreme Court held that Texas state law, not general maritime law, governs the wrongful death and punitive damages claims because General Chemical waived the maritime law defense by failing to object to state‑law damage issues at trial. The Court also held that the punitive damages award exceeded the statutory four‑to‑one cap and violated the Texas Constitution’s prohibition on parents recovering punitive damages in wrongful‑death actions, and therefore reduced the punitive damages to the statutory limit. Justice Hecht, dissenting in part, argued that no punitive damages were supported by the evidence and that the constitutional due‑process issue should be addressed. Justice Cornyn concurred only on the finding of gross negligence.