Sorokolit v. Rhodes

in which PHILLIPS, C.J., and HECHT, DOGGETT, GAMMAGE, ENOCH and SPECTOR, JJ., join.

This case requires that we determine whether section 12.01(a) of the Medical Liability and Insurance Improvement Act1 precludes an action for knowing misrepresentation or breach of an express warranty under the Deceptive Trade Practices Act (DTPA).2 Janice Rhodes (“Rhodes”) sued Bob Sorokol-it, M.D. (“Dr. Sorokolit”) for medical malpractice, breach of implied and express warranties, and knowing misrepresentation. Rhodes subsequently dropped all allegations of negligence and proceeded solely on the warranty and…