Harvey v. Kindred Healthcare Operating, Inc.

OPINION

Martha Hill Jamison, Justice

This case presents a unique question— whether the stay of discovery under chapter 74 of the Texas Civil Practice and Remedies Code, involving healthcare liability claims,1 supersedes a trial court’s docket control order governing discovery and precludes the trial court from granting a motion for no-evidence summary judgment based on the claimant’s failure to designate expert witnesses while the stay is in effect. We conclude that it does.

Appellants Aimee Harvey, Amanda Harvey, Henry Wilson III, and Gwendolyn Wilson2 challenge in one issue the trial court’s…