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

Summary

The Texas Supreme Court held that the Stowers exception in the former Medical Liability and Insurance Improvement Act applies only to insurers and does not waive the statutory cap on physicians' liability, requiring the judgment against Dr. Phillips to be limited to the cap. The Court also found that the alleged improper jury argument was not preserved and did not constitute incurable error, so no new trial is warranted. Accordingly, the Court reversed the Court of Appeals' judgment and remanded for a capped judgment. Justice O’Neill dissented, arguing that the Stowers exception should extend to physicians.