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B.T. Healthcare, Inc. v. Honeycutt, 196 S.W.3d 296 (Tex. App. 2006)

Resident suffered from pressure ulcers at two different nursing homes. After filing suit, Plaintiff settled with one nursing home, but not the other. When the claim went to trial the jury found that the non-settling nursing home was 51% liable and Resident was 49% liable. After entry of judgment in the amount of $270,300, the non-settling nursing home claimed it was entitled to credit for the amounts paid by the settling nursing home. The trial court denied the motion. On appeal, the court found that the settlement agreement, which covered all claims brought in the lawsuit, was not sufficiently limited to prevent the non-settling Defendant from claiming credit. The court rejected the non-settling nursing home argument that the jury should have considered the negligence of the settling nursing home because no evidence was provided showing that the settling nursing home was a substantial factor in causing the injuries argued at trial. The court accepted Defendants’ argument that only those medical expenses directly related to the injury could be charged. The court rejected Defendants’ argument that resident was unable to experience pain and suffering due to his quadriplegia. The judgment was reversed and the case was remanded for new trial. Decided: May 18, 2006.

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