Monica David Vickery v. Kerry Vickery Evans as Personal Representative of the Estate of Marry Gayle Vickery

Summary

Justice Eid dissents from the majority's interpretation of the exemplary-damages cap. The dissent would construe the cap as referring only to the jury's actual-damages award, excluding prejudgment interest added by the court, because the statute repeatedly refers to damages awarded by the jury and because including interest would effectively impose prejudgment interest on exemplary damages. The dissent also maintains that this interpretation conflicts with prior holdings that prejudgment interest does not apply to exemplary damages.