![]() ![]() The daughter of a staff member reported that Jones tried to follow her into a linen closet. When confronted with this aberrant behavior, Jones became angry and denied any wrongdoing. Jones was also seen wandering into residents' rooms and closing their doors. The resident was blind, disoriented, and suffered from Alzheimer's disease. Nurses observed Jones several times on the patio outside the dining room using the cats as masturbation aids.Īfter observing several incidents of inappropriate behavior with cats, Joanne Mathis, a nurse at Anahuac, observed Jones attempting to sexually assault a male resident in a closed restroom. Anahuac nursing home kept cats and kittens at its facility because it was thought that pets would be therapeutic for the residents. Nurses at Anahuac testified that Jones repeatedly sat in the public rooms of the nursing home with his pants unzipped and his penis out in front of other residents. By October 1996, Jones had begun to exhibit inappropriate behavior at the Anahuac facility. Anahuac and LaPorte are nursing homes owned by Healthcare Centers of Texas, Inc. Jones was admitted to Anahuac Healthcare Center in December 1995. This case arises out of an attempted sexual assault by Morris Jones on Jewel Underwood while both were residents at LaPorte Healthcare Center. Finding that Texas law prohibits punitive damages in this case, we vacate that portion of the court's judgment and affirm the remainder of the judgment. #PRINTING CENTER OF TEXAS INC V SUPERMIND TRIAL#The trial judge remitted those amounts to $10 million and $1 million, respectively. The jury awarded Rigby $50 million in punitive damages and $5 million in actual damages. #PRINTING CENTER OF TEXAS INC V SUPERMIND CODE#Healthcare Centers of Texas d/b/a The LaPorte Healthcare Center appeals a judgment in favor of Virginia Martine Rigby on the following grounds: (1) exemplary damages are barred or capped by chapter 41 of the Texas Civil Practice and Remedies Code (2) the evidence is legally and factually insufficient to support the jury's verdict on the cause of action for negligence (3) the trial court failed to provide for segregation of exemplary damages in the jury charge (4) the actual and exemplary damage awards were excessive and (5) because of cumulative errors of law, Healthcare is entitled to a new trial in the interest of fairness and justice. Appellee's Motion For Rehearing is overruled. We withdraw our opinion of Maand issue this corrected opinion. Panel consists of Chief Justice BRISTER and Justices FOWLER and SEYMORE.ĭavid B. Virginia Martine RIGBY, Individually and as Administratrix of the Estate of Jewell Underwood, Deceased, Appellee. d/b/a the Laporte Healthcare Center, Appellant, v. ![]() Court of Appeals of Texas,Houston (14th Dist.). ![]()
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