Benny P. Phillips, M.D. v. Dale Bramlett, Individually and as Independent Administrator of the Estate of Vickie Bramlett, Deceased, Shane Fuller and Michael Fuller--Appeal from 237th District Court of Lubbock County
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NO. 07-05-0456-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
APRIL 30, 2007
______________________________
BENNY P. PHILLIPS, M.D., APPELLANT
V.
DALE BRAMLETT, INDIVIDUALLY, AND AS INDEPENDENT
ADMINISTRATOR OF THE ESTATE OF VICKI BRAMLETT, DECEASED;
SHANE FULLER AND MICHAEL FULLER, APPELLEES
_________________________________
FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2003-522,183; HONORABLE SAM MEDINA, JUDGE
_______________________________
Before CAMPBELL and HANCOCK, JJ. and REAVIS, S.J.1
OPINION ON ORDER OF REMITTITUR
Appellees, Shane Fuller and Michael Fuller have filled a remittitur of $220,000 each,
as suggested in our opinion of March 19, 2007. Accordingly, that portion of the trial court
judgment providing that Shane Fuller collect from Benny P. Phillips, M.D. for future
pecuniary loss in the principal amount of $250,000 is reformed to provide that Shane Fuller
recover from Benny P. Phillips, M.D. the principal amount of $30,000 for future pecuniary
1
Don H. Reavis, Justice (Ret.), Seventh Court of Appeals, sitting by assignment.
loss. That portion of the trial court judgment providing that Michael Fuller collect from
Benny P. Phillips, M.D. for future pecuniary loss in the principal amount of $250,000 is
reformed to provide that Michael Fuller recover from Benny P. Phillips, M.D. the principal
amount of $30,000 for future pecuniary loss. That portion of the trial court judgment
providing prejudgment interest is reformed to provide for prejudgment interest on the
principal amount $2,921,000 through October 3, 2005, of $545,146.62. After an offset of
prejudgment interest for a written settlement offer of $6,630 the total prejudgment interest
is $538,516.62.
The trial court judgment is affirmed as reformed herein and is reversed and
rendered on the issue of gross negligence, as reflected in our opinion of March 19, 2007.
Mackey K. Hancock
Justice
Consistent with his dissent to the Court’s opinion in this case of March 19, 2007, Campbell,
J., dissents without opinion.
Reavis, S.J., concurring.
2
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