Dallas, TX
Appeals Lawyer at Dallas, TX
Practice Areas: Appeals, Medical Malpractice, Litigation
OUTCOME: Motion to Dismiss affirmed
The appellate court agreed with the trial court's assessment that the 4590i expert report against the physicians was insufficient because it was conclusory and attributed -- without explanation -- the ... same standards to physicians of different specialties and treating Mr. Kettle at different times.
OUTCOME: Summary judgment affirmed
The Texas Supreme Court held that the Open Courts provision of the Texas Constitution is not violated by the medical malpractice statute of limitations barring claims against parties added to a suit af ... ter the expiration of the limitations period when the mentally incompetent plaintiff has a court appointed guardian and sues some parties prior to the expiration of the limitations period.
OUTCOME: Summary judgment affirmed
The Court of Appeals affirmed summary judgment based on a lack of evidence showing that the Defendants' conduct proximately caused the death and injuries claimed.
OUTCOME: Affirming taxable court cost award
The court of appeals held that depositions on written questions are depositions under the rules and should be taxed as an appropriate court cost.
OUTCOME: Affirming exclusion of Plaintiffs' expert and MSJ
Appellate court agreed with trial court that Plaintiffs' expert was not qualified and that his opinions should be excluded, leaving Plaintiffs without sufficient evidence to prevent summary judgment.
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