Legal Opinion

Mock v. Presbyterian Hospital of Plano

Court of Appeals of Texas

Decided August 9, 2012No. 05-11-00936-CVPublishedCited by 15 opinions

1Opinion of the Court

OPINION

Opinion By

Justice FITZGERALD.

This is a medical-malpractice case. Appellants, who were plaintiffs in the trial court, appeal a take-nothing summary judgment rendered on the ground of limitations. The question presented is whether appellants were entitled to a 75-day tolling period under section 74.051(c) of the Texas Civil Practice and Remedies Code. We conclude that they were, and we therefore reverse the judgment of the trial court.

I. Background

Appellants are the surviving husband and children of decedent Judith I. Mock. They alleged the following facts in support of their claims.…

2Cases cited6 opinions

  1. American Tobacco Co., Inc. v. GrinnellTexas Supreme Court · 1997
  2. KPMG Peat Marwick v. Harrison County Housing Finance Corp.Texas Supreme Court · 1999
  3. Sysco Food Services, Inc. v. TrapnellTexas Supreme Court · 1995
  4. Jose Carreras, M.D., P.A. v. MarroquinTexas Supreme Court · 2011
  5. Mitchell v. Methodist HospitalCourt of Appeals of Texas · 2012

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3Cited by15 opinions

  1. Davenport v. Adu-LarteyCourt of Appeals of Texas · 2017
  2. Michael Arnold, Janet Arnold, Steve South v. Life Partners, Inc., Abundant Income LLC, Texas Court of Appeals, 5th District (Dallas)2013
  3. Adam M. Borowski, M.D., Brian D. Bull, M.D., and Hillcrest Family Health Center v. Karen Ayers, Individually and as Representative of the Estate of Daryl Lynn Ayers, and Ethan Ayers, Texas Court of Appeals, 10th District (Waco)2016
  4. Fred Myles v. St. Luke's Episcopal HospitalCourt of Appeals of Texas · 2015
  5. Gwendolyn Galloway, Mitchell Irwin, Clayton Irwin, Individually and as Representative of the Estate of Mary Ann Irwin v. Atrium Medical Center, L.P., Shahid Q. Mallick and Syed Zaidi, Texas Court of Appeals, 14th District (Houston)2018

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