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

CONCURRING AND DISSENTING OPINION ON MOTION FOR REHEARING AND
REMITTITUR
Opinion by: Liza A. Rodriguez, Justice
Concurring and Dissenting Opinion by: Sandee Bryan Marion, Chief Justice, joined by Patricia
O. Alvarez, Justice

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

Delivered and Filed: May 6, 2020

I concur in the majority’s opinion on motion for rehearing and remittitur in all respects

except its conclusion that remittitur is not appropriate on the settlement credit issue. Because I

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

would hold remittitur is appropriate on the settlement credit issue for the reasons stated in my

concurring and dissenting opinion dated February 5, 2020, I would suggest a remittitur in the full

amount of the settlement. See TEX. R. APP. P. 46.3. I, therefore, respectfully dissent in part as to

that issue. I join the majority in its decision to affirm the judgment as modified regarding the award

of damages for future loss of earning capacity, as well as its decision to deny Puente’s motion for

rehearing.

Sandee Bryan Marion, Chief Justice

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