Texas Supreme Court

Mirta Zorrilla, Petitioner v. Aypco Construction Ii, LLC and Jose Luis Munoz, Respondents

June 15, 2015469 S.W.3d 143

Summary

The Texas Supreme Court held that the statutory cap on exemplary damages is not an affirmative defense or avoidance and therefore need not be pleaded, reversing the appellate court’s uncapped award and capping damages at $200,000 while affirming the remainder of the judgment.