Legal Opinion · Dissent

Barnhill v. Integrated Health Services, Inc.

Court of Appeals of Texas

Decided September 1, 1999No. 04-98-00477-CVPublished

1DissentPaul W. Green, Justice

In this summary judgment appeal, the question is whether a fact issue has been raised that Bryan Barnhill’s claim against Integrated Health Services, Inc. (‘IHS’) is not time barred. The majority holds that a fact issue exists on Barnhill’s claim that IHS fraudulently concealed its identity. However, none of the facts cited by the majority support the contention that IHS had a duty to disclose its identity, or that it purposefully concealed its identity from Barnhill after suit was filed. Consequently, the summary judgment granted in favor of IHS should be affirmed. Because the majority…

2Cases cited8 opinions

  1. Schroeder v. Texas Iron Works, Inc.Texas Supreme Court · 1991
  2. Borderlon v. PeckTexas Supreme Court · 1983
  3. American Petrofina, Inc. v. AllenTexas Supreme Court · 1994
  4. Dougherty v. GiffordCourt of Appeals of Texas · 1992
  5. Casey v. Methodist Hospital, Texas Court of Appeals, 1st District (Houston)1995

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