Jesus Virlar, M.D. and GMG Health Systems Associates, P.A., a/k/a and d/b/a Gonzaba Medical Group v. Jo Ann Puente Appeal from 131st Judicial District Court of Bexar County (concurring and dissenting opinion)
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Fourth Court of Appeals San Antonio, Texas CONCURRING AND DISSENTING OPINION No. 04-18-00118-CV Jesus VIRLAR, M.D. and GMG Health Systems Associates, P.A., a/k/a and d/b/a Gonzaba Medical Group, Appellants v. Jo Ann PUENTE, Appellee From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2014-CI-04936 Honorable Norma Gonzales, Judge Presiding Opinion by: Liza A. Rodriguez, Justice Concurring and Dissenting Opinion by: Sandee Bryan Marion, Chief Justice Concurring and Dissenting Opinion by: Patricia O. Alvarez, Justice Sitting: 1 Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice Delivered and Filed: October 14, 2020 I agree with the majority’s opinion and judgment except for the settlement credit issue. On that issue, I join Chief Justice Marion’s dissent. I write separately because I am concerned with the effect that section 33.012 has on parties when separate settlements involve derivative claims. See TEX. CIV. PRAC. & REM. CODE ANN. § 33.012. 1 Justice Rebeca C. Martinez has recused herself from this appeal. Concurring and Dissenting Opinion 04-18-00118-CV In this case, the statute’s plain language requires the trial court to reduce Puente’s damages for her physical injury by the amount C.P. received for her separate loss of consortium. The statute penalizes Puente dollar-for-dollar for C.P.’s settlement for her separate damage. The facts of this case reveal a punitive aspect to the statute. For this reason, I invite the Texas Legislature to revisit the statute’s construction to avoid punitive consequences in tragic circumstances like the one this case raises. Patricia O. Alvarez, Justice -2-
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