Texas Supreme Court
Carl J. Battaglia, M.d., P.a., and Tommy A. Polk, M.d., P.a., Petitioners v. Lisa Jones Alexander
May 27, 200548 Tex. Sup. Ct. J. 720
Summary
The Texas Supreme Court held that the professional associations could be held directly liable for negligence, that sufficient evidence supported their negligence and joint venture liability, and that prejudgment interest must be calculated on past damages after settlement credits are applied first to past damages and then to future damages. The Court reversed the Court of Appeals on the interest issue and remanded for recalculation. Justice Brister concurred in part and dissented in part, disagreeing with the majority's method of calculating prejudgment interest.