Legal Opinion

Senior Care Centers, LLC and Midland SCC, LLC v. Cynthia Shelton and Betsy Taylor, Both Individually and on Behalf of the Estate of Carolyn McCain

Texas Court of Appeals, 5th District (Dallas)

Decided March 6, 2015No. 05-14-00586-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

Opinion by

Justice Evans

This is an interlocutory appeal of the trial court’s denial of Senior Care Centers, LLC and Midland SCC, LLC’s (collectively, “Senior Care Center”) motion to dismiss the claims of appellees Cynthia Shelton and Betsy Taylor. Senior Care Center contends that the trial court abused its discretion by failing to grant the motion to dismiss because the expert report was deficient (1) on breach because the expert based his opinion on conjecture and lay opinion testimony and failed to describe how Senior Care Center’s conduct fell below the standard of care; and (2) on…

2Cases cited13 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  3. Jelinek v. CasasTexas Supreme Court · 2010
  4. Jernigan v. LangleyTexas Supreme Court · 2006
  5. Hammerly Oaks, Inc. v. EdwardsTexas Supreme Court · 1997

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3Cited by6 opinions

  1. Drake v. WalkerCourt of Appeals of Texas · 2017
  2. JSC Lake Highlands Operations, LP D/B/A Villages of Lake Highlands, Metrostat Diagnostic Services, Inc., Richard M. Williams, M.D. and Richard M. Williams, M.D., P.L.L.C. v. Karen Miller, Individually and as Representative of the Estate of Betty Ruth Hathcock and Betty Crockett, Individually, Texas Court of Appeals, 5th District (Dallas)2016
  3. Quiroz ex rel. Cardona v. Llamas-SoforoCourt of Appeals of Texas · 2016
  4. Bustos v. United StatesDistrict Court, N.D. Texas · 2021
  5. Le v. United States of AmericaDistrict Court, N.D. Texas · 2023

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