HCRA of Texas, Inc. v. Johnston

This is a nursing home liability case. The trial court rendered judgment on the jurys verdict for Appellees Margie Faye Johnston, Tommy Lloyd Johnston, Gary Wayne Johnston, and Douglas Lee Johnston, individually and on behalf of the estate of Lloyd Thomas Johnston, deceased (collectively Appellees or Johnstons) and against Appellant HCRA of Texas, Inc. The primary issues we address involve the sufficiency of the evidence to support the jurys damage awards and malice finding. Because we hold that legally insufficient evidence exists to support the jurys malice finding, we will reverse the judgments exemplary damages award and render judgment that Appellees take nothing on their exemplary damages claim. Because the evidence is legally and factually sufficient to support the jurys damage findings, we will affirm the remainder of the trial courts judgment.