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Legal Opinion

Michael Kimbrell v. Memorial Hermann Hospital System, Memorial Hermann Healthcare System, Memorial Hermann Medical Group

Texas Court of Appeals, 14th District (Houston)

Decided August 1, 2013No. 14-12-00108-CVPublishedCited by 10 opinions

1Opinion of the Court

OPINION

SHARON McCALLY, Justice.

Michael Kimbrell sued Memorial Her-mann Hospital System, Memorial Her-mann Healthcare System, and Memorial Hermann Medical Group (the Hospital) for claims based on medical negligence, negligent misrepresentation, fraud, negligence per se, and joint venture. 1 The Hospital filed a traditional and no-evidence motion for summary judgment on all of Kimbrell’s claims; that is, those arising under the ostensible agency doctrine for the acts of medical negligence by a physician, as well as the acts of direct negligence alleged against the Hospital. The trial court…

2Cases cited13 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. King Ranch, Inc. v. ChapmanTexas Supreme Court · 2003
  3. Science Spectrum, Inc. v. MartinezTexas Supreme Court · 1997
  4. Joe v. Two Thirty Nine Joint VentureTexas Supreme Court · 2004
  5. St. Joseph Hospital v. WolffTexas Supreme Court · 2002

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3Cited by10 opinions

  1. Aimee Harvey Individually and as Next Friend of Talisa Phillips, Amanda Harvey, Henry Wilson, III, as Next Friend of Aaleisa Phillips (A Minor) and Gwendolyn Wilson v. Kindred Healthcare Operating, Inc., Kindred Hospital Houston Medical Center, Kindred Hospitals Limited Partnership, Texas Court of Appeals, 14th District (Houston)2019
  2. Steven Frankoff v. Susan C. Norman, Texas Court of Appeals, 14th District (Houston)2014
  3. Houston Methodist Hospital F/K/A the Methodist Hospital v. Kara NguyenCourt of Appeals of Texas · 2015
  4. McAllen Hospitals, L.P. v. Salvador Gonzalez, Individually, as Representative of the Estate of Santos Camacho, and as Representative of the Statutory Wrongful-Death Beneficiaries of Santos Camacho, Texas Court of Appeals, 13th District2018
  5. Alvy Childress v. Texas Mutual Insurance Company, Texas Court of Appeals, 3rd District (Austin)2020

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