Texas Supreme Court

C & H Nationwide, Inc., Edward Stanton Webber, and Ecotech International, Inc., Petitioners v. Linda Gail Thompson…

June 22, 199437 Tex. Sup. Ct. J. 1059

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded for further proceedings, holding that pre‑trial payments by C & H Nationwide are "settlements" that reduce the total judgment, that the defendants are liable according to their jury‑assigned percentages (C & H 50%, Ecotech 30%, Energy Coatings 5%), that prejudgment interest is owed on the entire judgment including future damages, and that the jury’s award of loss‑of‑inheritance damages is unsupported by evidence. The Court also clarified the application of the Comparative Responsibility Law and ordered a new calculation of prejudgment interest. Justice Hecht and Justice Doggett each filed separate opinions dissenting in part.