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Healthcare Centers of Texas12/12/2002
ust.
Healthcare further contends the jury's apportionment of eighty percent causation to Healthcare and twenty percent causation to Dr. Rapp is not supported by factually sufficient evidence. Because we have discussed the evidence supporting the jury's finding of proximate cause and found the evidence sufficient, we need not repeat that discussion here. There is also evidence that Dr. Rapp, who knew Jones's history at Anahuac and at San Jacinto, but still recommended his admission to LaPorte, was at fault. Even if a different percentage allocation could be supported by the evidence, an appellate court may not substitute its judgment for that of the jury. Humble Nat'l Bank v. DCV, Inc., 933 S.W.2d 224, 235 (Tex. App.—Houston [14th Dist.] 1996, writ denied). Having found sufficient evidence that both Healthcare and Dr. Rapp were at fault, we find no basis for interfering with the jury's apportionment of negligence. Accordingly, we overrule issue five.
In its sixth issue, Healthcare contends it is entitled to a new trial in the interests of fairness and justice. Texas Rule of Appellate Procedure 43.3 states:
When reversing a trial court's judgment, the court must render the judgment that the trial court should have rendered, except when:
(a) a remand is necessary for further proceedings; or
(b) the interests of justice require a remand for another trial.
Tex. R. App. P. 43.3.
Appellate courts have remanded to the trial court in the interest of justice when the applicable law has changed between the time of trial and the disposition of the appeal, precedent has been overruled, or to allow a party to amend pleadings. See, e.g., In re Doe, 19 S.W.3d 278, 290 (Tex. 2000); Boyles v. Kerr, 855 S.W.2d 593, 603 (Tex. 1993); Twyman v. Twyman, 855 S.W.2d 619, 626 (Tex. 1993); Westgate, Ltd. v. State, 843 S.W.2d 448, 455 (Tex. 1992); L.M.B. Corp. v. Gurecky, 501 S.W.2d 300, 303 (Tex. 1973).
In this case we are not presented with any of those exceptions. We have found sufficient evidence to support the plaintiff's cause of action for negligence and actual damages as remitted. We have further found that the harm sustained by plaintiff was proximately caused by the criminal act of Morris Jones. Therefore, punitive damages are not recoverable under section 41.005 of the Civil Practice and Remedies Code. There are no remaining issues requiring remand. Healthcare's sixth issue is overruled.
The judgment of the trial court is modified to delete assessment of punitive damages. As modified, the judgment of the trial court is affirmed.
Judgment rendered and Corrected Opinion and Concurring Opinions filed December 12, 2002.
Publish Tex. R. App. P. 47.3(b).
CONCURRING OPINION
I concur in the Court's judgment, but write separately as to two points. First, I disagree that Virginia Rigby judicially admitted that all harm resulted from the acts of Morris Jones and him alone. A judicial admission must be clear, deliberate, and unequivocal. See Regency Advantage Ltd. Partnership v. Bingo Idea-Watauga, Inc., 936 S.W.2d 275, 278 (Tex. 1996). Rigby admitted in her sixth amended petition that Jones committed an assault, but also alleged that various common law and statutory violations by Healthcare Centers of Texas, Inc. allowed him to do so. The allegation that Jones committed the assault is not an unequivocal admission that no one else played a part.
Nevertheless, I agree with the Court that Texas law prohibits Rigby from recovering any punitive damages from Healthcare. In 1995, the Legislature passed a statute prohibiting recovery of such damages from a def
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