Legal Opinion

Spence Kerrigan, Individually and as Attorney in Fact to Kathleen Kerrigan v. Memorial Hermann Memorial City Medical Center

Texas Court of Appeals, 14th District (Houston)

Decided August 28, 2012No. 14-11-00880-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

JEFFREY V. BROWN, Justice.

This is a case concerning the scope of a statutorily-defined term: “Health care liability claim.” See Tex. Civ. Prac. & Rem. Code § 74.001(a)(13). The trial court concluded that parts of the case were healthcare-liability claims and other parts were not, and it dismissed those claims it determined were health-care-liability claims because Spence Kerrigan failed to timely produce any expert reports. See id. § 74.351(b). Both parties have appealed. We affirm in part, reverse in part, and remand.

I

Most of the relevant facts are undisputed. At 4:29 p.m. on January…

2Cases cited7 opinions

  1. State v. ShumakeTexas Supreme Court · 2006
  2. Diversicare General Partner, Inc. v. RubioTexas Supreme Court · 2005
  3. Texas West Oaks Hospital, LP v. WilliamsTexas Supreme Court · 2012
  4. Smalling v. GardnerCourt of Appeals of Texas · 2005
  5. Appell v. Muguerza, Texas Court of Appeals, 14th District (Houston)2010

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Good Shepherd Medical Center - Linden, Inc. v. Bobby Twilley, Texas Court of Appeals, 6th District (Texarkana)2013
  2. Christopher Daniel Duntsch v. State, Texas Court of Appeals, 5th District (Dallas)2018
  3. Hopebridge Hospital Houston, L.L.C. v. LermaCourt of Appeals of Texas · 2017
  4. Marvella Loya v. Hickory Trail Hospital, L.P., Texas Court of Appeals, 5th District (Dallas)2022
  5. Michael Floeck v. Crescent Continuing Care Center Company, Texas Court of Appeals, 14th District (Houston)2022

2 more not listed; retrieve them via the Exa API.

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