HOUSTON - The 14th Court of Appeals recently axed a $1.8 million award in exemplary damages while keeping a $1.5 million award in compensatory damages in a sexual assault suit against a health spa.
Court records show Danette Hagman filed suit against Massage Heights Franchising and others, asserting claims for negligence, premises liability, vicarious liability, respondeat superior, violations of the Texas Deceptive Trade Practices Act, and gross negligence.
According to the 14th Court’s Oct. 26 opinion, Hagman was sexually assaulted by her masseuse during a massage at the Massage Heights (MH) Alden Bridge location.
Based on jury findings, the trial court entered judgment that all the defendants were negligent for causing the occurrence in question; that MH Franchising was fifteen percent responsible; and that Hagman was awarded $1,500,000 in damages and $1,800,000 in exemplary damages, the opinion states.
On appeal, MH argued that Hagman may not recover punitive damages because the cause of her injury was a criminal act, and that a new trial is warranted.
Justices did not grant a new trial but did vacate the award for punitive damages.
“Because Hagman’s injury was caused by a criminal act and § 41.005 of the Texas Civil Practice and Remedies Code prohibits the award of punitive damages for the criminal acts of another, we reverse the part of the trial court’s judgment awarding punitive damages against MH Franchising and affirm the remainder of the judgment,” the opinion states.
Case No. 14-22-00160-CV