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Water Disposal Center, Inc. v. Larson

The cap on exemplary damages does not violate the constitutional mandate of separation of powers.

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On appeal from the 156th District Court of San Patricio County, Texas.

OPINION

This is a limited appeal from a jury trial. See Tex. R. App. P. 34.6(c)(1). Appellant, Waste Disposal Center, Inc. (Waste Disposal), appeals from a judgment rendered in favor of appellees, Soila Valdez and Michelle Larson. By four issues, Waste Disposal contends there is no evidence to support the jury’s award of actual damages, and because there is no evidence of actual damages, exemplary damages and court costs should not have been recovered. By three issues, cross-appellants, Soila Valdez, Marcus, Norma and Frederick Atkinson, as statutory wrongful death beneficiaries and sole heirs of Frederick James Atkinson (Deceased), Javier Gomez, Jr., by next friend Dolores L. Gomez, and Abel and Belinda Valdez (landowners), bring a cross-appeal against cross-appellees, Waste Disposal and the estate of Franklin F. Kelley (Estate). The landowners contend the trial court erred in dismissing their suit against the Estate on jurisdictional grounds and by failing to charge the jury on their claims of strict liability. Cross-appellant Soila Valdez also argues that the exemplary damages cap is not constitutional. We affirm, in part, and reverse and render, in part.

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