Critical Path Res., Inc. v. Cuevas ex rel. Estate of Cuevas

J. Brett Busby Justice

On Appeal from the 129th District Court Harris County, Texas
Trial Court Cause No. 2012-21574

On March 29, 2018, we issued our original majority opinion in this case suggesting remittiturs for appellees Daniel Cuevas, Nicolas Cuevas, and Maria Cuevas. We explained that if Daniel, Mr. Cuevas, and Mrs. Cuevas filed this remittitur within twenty days from the date of our original opinion, we would modify the trial court's judgment accordingly. We suggested the following remittiturs: (1) for Daniel's future medical damages, a remittitur of $279,342; (2) for Mr. Cuevas's non-pecuniary damages, a remittitur of $420,000; and (3) for Mrs. Cuevas's non-pecuniary damages, a remittitur of $360,000. All three appellees timely accepted the suggested remittiturs. Subsequently, the parties submitted an agreed statement (without prejudice to Critical Path's further appellate rights) regarding the amount of the modified judgment taking into account the accepted remittiturs as well as prejudgment interest.

We therefore issue this supplemental majority opinion. In accordance with the original majority opinion, appellees' timely-filed remittiturs, and the parties' agreed statement, we modify the trial court's judgment to reflect (1) Daniel's total recovery of all damages: $4,637,743.23; (2) Mr. Cuevas's total recovery of all damages: $152,828.03; and (3) Mrs. Cuevas's total recovery of all damages: $212,828.03. These amounts include prejudgment interest. We affirm the trial court's judgment as modified. Our original opinions remain otherwise in effect.

/s/ J. Brett Busby

Justice Panel consists of Justices Christopher, Busby, and Jewell (Jewell, J., dissenting).