Cavnar v. Quality Control Parking, Inc

In Cavnar v. Quality Control Parking, Inc., 696 S.W.2d 549, 552 (Tex. 1985), the Court overruled eighty-eight years of precedent, recognizing for the first time that prejudgment interest should be paid in personal injury, wrongful death, and survival actions. Two years after Cavnar, the Legislature codified its own prejudgment interest rule for tort actions in article 5069-1.05, section 6(a) of the Revised Civil Statutes, providing that "judgments in wrongful death, personal injury, and property damage cases must include prejudgment interest." Act of June 3, 1987, 70th Leg., 1st C.S., ch. 3, 1, 1987 Tex. Gen. Laws 51, 51 repealed by Act of May 24, 1997, 75th Leg., R.S., Ch. 1008, 6 (a), 1997 Tex. Gen. Laws 3091, 3602 (current version at TEX. FIN. CODE 304.102). In 1995, the Legislature added subchapter P to the Medical Liability and Insurance Improvement Act, including for the first time a prejudgment interest mandate specifically for health-care liability claims . Subchapter P provides that the judgment in any health care liability claim "must include prejudgment interest on past damages found by the trier of fact" if such claim is not settled within six months of notice. See TEX. REV. CIV. STAT. ANN. art. 4590i, 16.02(b) (Supp. 2002).