Because §26 of the Texas Constitution does not mandate any broader recovery than the decedent could have obtained had he survived, numerous limitations on the heirs' ability to pursue a punitive damage claim have been upheld. In the present case, since employee waived his right to assert a claim against employer had he survived, his heirs have no claim against employer for punitive damages. Eastland Court of Appeals, No. 11-08-00230-CV, 11-05-2009
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Garrett v. Patterson-UTI Drilling Co., L.P.
Tex. App. Dist. 11
November 6, 2009
