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[W] Healthcare Centers of Texas

3/7/2002

leadings. 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. LaPorte'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.


Publish -- TEX. R. APP. P. 47.3(b).




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