Legal Opinion
Brazos Presbyterial Homes, Inc. D/B/A Bayou Manor Health-Care Center D/B/A Bayou Manor v. Vanessa Rodriguez
Court of Appeals of Texas
Decided May 28, 2015No. 14-14-00479-CVPublishedCited by 4 opinions
1Opinion of the Court
OPINION
Ken Wise, Justice
A custodian employed by a cleaning company was injured when an elevator malfunctioned in a nursing home facility where she was working. The custodian sued the nursing home facility for negligence on a premises liability theory. The nursing home facility moved to dismiss the custodian’s suit, arguing that it involved a health care liability claim governed by the Texas Medical Liability Act and that no expert report had been filed as required. The trial court denied the motion. Guided by the Supreme Court of Texas’s recent decision in Ross v. St. Luke’s Episcopal…
2Cases cited7 opinions
- Diversicare General Partner, Inc. v. RubioTexas Supreme Court · 2005
- Texas West Oaks Hospital, LP v. WilliamsTexas Supreme Court · 2012
- Lezlea Ross v. St. Luke's Episcopal HospitalTexas Supreme Court · 2015
- Rosemond v. Al-Lahiq, M.D.Texas Supreme Court · 2011
- Omaha Healthcare Center, LLC v. Johnson Ex Rel. Estate of ReedTexas Supreme Court · 2011
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3Cited by4 opinions
- Belmont Village Hunters Creek TRS, LLC, Belmont Three, LLC, Belmont Village Hunters Creek, LLC, Belmont Village, L.P. and Belmont BP Investors, LLC v. William Marshall, Individually and as of the Estate of Charlotte Marshall, Catherine Marshall and David Marshall, Texas Court of Appeals, 1st District (Houston)2020
- Harris County Hospital District v. Nina McNew, Texas Court of Appeals, 14th District (Houston)2020
- Madhusudan Shah v. Sodexo Services of Texas Limited Partnership, Texas Court of Appeals, 1st District (Houston)2015
- Madhusudan Shah v. Sodexo Services of Texas Limited Partnership, Texas Court of Appeals, 1st District (Houston)2015