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Know more. Brett J. Sileo, Britton B. Harris, Harris, Hilburn Sherer, L. Appellant Saskia Madison, as next friend of M. Madison contends 1 the trial court erred in granting Smith's no-evidence motion for summary judgment on Madison's negligence claims and in not allowing an adequate time for discovery; 2 the trial court abused its discretion in excluding certain summary judgment evidence; 3 Smith lacked standing to submit a proposed final judgment to the trial court, and the trial court erred in including a statement that Smith did not appear at trial in its final judgment; 5 the trial court erred in assessing court costs in favor of Smith; 6 the trial court erred in applying the election of remedies rule to Madison's award of actual damages; and 7 the trial court erred in applying the statutory damage caps to Madison's award of exemplary damages.
We conclude that the trial court properly granted summary judgment to Smith, allowed adequate time for discovery, and any abuse of discretion in the exclusion of Madison's summary judgment evidence was harmless. We further conclude that Smith had standing, and the trial court did not err in the form of its final judgment. Finally, we conclude that the trial court properly assessed court costs, and properly applied the election of remedies rule and statutory damage caps.
We therefore affirm the trial court's judgment, both on the jury's verdict against Williamson and the summary judgment in favor of Smith. Saskia Madison, M. In , Williamson lived with his wife, Smith, and their three children, a daughter and two sons. Madison lived with her daughter a few houses down the street. Williamson did not appear for the jury trial on damages in this case, so the facts as presented with respect to the claims against him are uncontested.
During the summer of , M. On both occasions, Williamson bathed M. During a weekend in October , M. Williamson told M. Williamson then undressed M. Smith, however, was downstairs cooking dinner and she did not hear M. Williamson instructed M. Madison called the police and M. The State charged Williamson with indecency with a child and aggravated sexual assault in December Williamson separated from Smith and moved out of their home in June In January , Williamson pleaded no contest to the Class A misdemeanor offense of assault, pursuant to a plea bargain with the State.