Puga v. About Tyme Transport, Inc., No. 17-41282 (5th Cir. 2019)Annotate this Case
The Fifth Circuit granted a pending joint motion for clarification and withdrew the prior panel opinion, substituting the following opinion.
Plaintiff and his wife filed suit after a contract driver for RCX, a licensed motor carrier, crashed into plaintiff's truck and significantly injured him. A jury found RCX liable for the driver's negligence and awarded plaintiff damages and his wife loss of consortium damages. The court affirmed the district court's ruling with respect to all issues except the wife's award for past consortium damages in light of West Star Transportation, Inc. v. Robison, 457 S.W.3d 178, and remanded for the exact calculation of the wife's maximum recovery. Finally, RCX was entitled to a settlement credit under Texas law and the court remanded for the district court to calculate that amount.
This opinion or order relates to an opinion or order originally issued on February 1, 2019.