Jesus Virlar, M.D. and GMG Health Systems Associates, P.A., A/K/A and D/B/A Gonzaba Medical Group v. Jo Ann Puente

Fourth Court of Appeals
San Antonio, Texas
CONCURRING AND DISSENTING OPINION
No. 04-18-00118-CV

Jesus VIRLAR, M.D. and GMG Health Systems Associates, P.A.,
a/k/a and d/b/a Gonzaba Medical Group,
Appellants

v.

Jo Ann PUENTE,
Appellee

From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-04936
Honorable Norma Gonzales, Judge Presiding

Opinion by: Liza A. Rodriguez, Justice
Concurring and Dissenting Opinion by: Sandee Bryan Marion, Chief Justice
Concurring and Dissenting Opinion by: Patricia O. Alvarez, Justice

Sitting: 1 Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice

Delivered and Filed: February 5, 2020

I concur in the majority’s judgment except for the settlement credit issue. On that issue, I

join Chief Justice Marion’s dissent. I write separately because I am concerned with the effect that

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Justice Rebeca C. Martinez has recused herself from this appeal.
Concurring and Dissenting Opinion 04-18-00118-CV

section 33.012 has on parties when separate settlements involve derivative claims. See TEX. CIV.

PRAC. & REM. CODE ANN. § 33.012.

In this case, the statute’s plain language requires the trial court to reduce Puente’s damages

for her physical injury by the amount C.P. received for her separate loss of consortium. The statute

penalizes Puente dollar-for-dollar for C.P.’s settlement for her separate damage. The facts of this

case reveal a punitive aspect to the statute. For this reason, I invite the Texas Legislature to revisit

the statute’s construction to avoid punitive consequences in tragic circumstances like the one this

case raises.

Patricia O. Alvarez, Justice

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