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· 12/19/2008

Gardner v. U.S. Imaging, Inc.

Citations

  • 274 S.W.3d 669
  • 52 Tex. Sup. Ct. J. 229
  • 2008 Tex. LEXIS 1138
  • 2008 WL 5266383

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that report’s failure to comply with Chapter 74 regarding the element of causation rendered the report defective rather than no report
  • concluding that report’s failure to comply with Chapter 74 regarding the element of causation rendered the report defective rather than no report
  • holding that when a plaintiff alleges vicarious liability against a healthcare provider, an expert report that adequately implicates the actions of that provider’s agents or employees is sufficient
  • holding that report that adequately implicated conduct of doctor was sufficient as to owner/operator of facility alleged in petition to be vicariously liable even though report did not mention owner/operator
  • concluding that when a party’s alleged health care liability is purely vicarious for the actions of its employee, an expert report is sufficient as to health care facility if the expert report is adequate as to that particular employee
  • holding, in the default judgment context, that the defendant’s failure to appear after proper service of citation tolled the 120-day time period for serving an expert report until the defendant made an appearance

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.