Legal Opinion

Tom Bennett and James B. Bonham Corporation v. Larry Wayne Grant

Texas Supreme Court

Decided April 28, 2017No. 15-0338PublishedCited by 32 opinions

1Opinion of the CourtJustice Willett

In this latest chapter of a long-running dispute, we consider how the harm likely to result from a malicious prosecution should be evaluated in calculating exemplary damages. We conclude the court of appeals erred in considering the harm that plaintiff would suffer from wrongful imprisonment when the chances of this occurring were essentially zero given the expired statute of limitations. Accordingly, we reverse the portion' of the court of appeals’ judgment awarding exemplary damages. On all other issues, we affirm.

I. Background

A. Factual and Procedural Framework

This suit arises from an…

2Cases cited22 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  3. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  4. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  5. United States v. BajakajianSupreme Court of the United States · 1998

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3Cited by32 opinions

  1. Horizon Health Corporation v. Acadia Healthcare Company, Inc. Psychiatric Resource Partners, Inc. Michael A. Saul Timothy J. Palus Peter D. Ulasewicz Barbara H. Bayma And John M. PiechockiTexas Supreme Court · 2017
  2. Albert G. Hill, III v. Margaret Keliher, in Her Capacity as Personal Representative and Successor Independent of the Estate of Albert G. Hill, Jr., and Carol E. Irwin, in Her Capacity, Texas Court of Appeals, 5th District (Dallas)2022
  3. Barton Food Mart, Inc. v. Nejla Botrie, Texas Court of Appeals, 3rd District (Austin)2018
  4. Boxer Property Management Corporation v. Teresa R. Dehnel, Texas Court of Appeals, 2nd District (Fort Worth)2024
  5. Control Works, Inc. and Third Party Elsa Cantu and Myla Cantu Garcia v. Jack Phillip Seeman, Texas Court of Appeals, 1st District (Houston)2018

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