Legal Opinion

Damon Bankhead v. David T. Spence, D.D.S.

Texas Court of Appeals, 10th District (Waco)

Decided March 24, 2010No. 10-09-00171-CVPublished

1Opinion of the Court

IN THE

TENTH COURT OF APPEALS

No. 10-09-00171-CV

Damon Bankhead,

Appellant

v.

David T. Spence, D.D.S.,

Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court No. COT-08-38549

Opinion

Prison inmate Damon Bankhead appeals from the dismissal of the health care liability claim he filed against David T. Spence, a prison dentist. Bankhead contends in three issues that: (1) the court’s denial of his motion for appointed counsel constitutes a “due process/open courts violation”; (2) the expert report requirement of section 74.351 of the Civil Practice and Remedies Code is an “exceptional…

2Cases cited21 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Armstrong v. ManzoSupreme Court of the United States · 1965
  3. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  4. Walker v. GutierrezTexas Supreme Court · 2003
  5. Texas Workers' Compensation Commission v. Patient Advocates of TexasTexas Supreme Court · 2004

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