Benny P. Phillips, M.d., Petitioner v. Dale Bramlett

Summary

The Texas Supreme Court held that the Stowers exception in §11.02(c) of the former Medical Liability and Insurance Improvement Act applies only to insurers and does not waive the statutory cap on a physician’s liability, reversing the appellate court’s judgment and remanding for a judgment limited to the cap; the Court also found the alleged improper jury argument was not preserved and did not warrant a new trial. Justice O’Neill’s dissent argued that the majority over‑extends the Stowers doctrine and would have affirmed the judgment at the capped amount.