J. D. Hofer Et Ux v. Sharon Lavender

The first of two issues involved in this case is whether exemplary damages may be recovered from the estate of a tort-feasor. Incidental to that inquiry is whether under Tex. Rev. Stat. Ann. art. 5525 (statute providing for survival of causes of action for personal injuries), exemplary damages may be recovered by persons other than those named in Tex. Const. art. XVI, ? 26. J. D. Hofer, and his wife, Joan Hofer, brought suit against Sharon Lavender, personal representative of the estate of Robert W. Springate, deceased, in which, among other things, the Hofers sought exemplary damages for themselves, individually, and for the estate of their deceased daughter, June. The judgment of the trial court included an award for both sets of exemplary damages. The court of appeals concluded that exemplary damages could not be recovered against the estate of a deceased and, accordingly, reversed the judgment of the trial court and rendered judgment that the Hofers recover no exemplary damages in any capacity. 658 S.W.2d 812. We reverse the judgment of the court of appeals and reinstate the exemplary damage awards to the Hofers, individually. We sever and remand this cause to that court for a determination of Lavenders contention that the amount of exemplary damages allowed the estate of June Hofer was excessive.