Martiriano Estrada Garcia v. the State of Texas

How courts have described this case

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

• holding moving party carries initial burden of showing no genuine issue by arguing nonmoving party has a failure of proof concerning a necessary element of nonmoving party’s claim
• explaining that the expert testimony must be provided by a provider possessing 9 equivalent skills and expertise as those of the defendant provider
• explaining that a pharmacist is not competent to testify as to a prescribing physician’s standard of care regarding medication used for treatment
• holding moving party carries initial burden of showing no genuine issue by arguing nonmoving party has a failure of proof concerning a necessary element of nonmoving party's claim
• construing RCW 4.16.190 to allow indefinite time span for permanently incompetent person to sue is not absurd
• giving the examples of \amputating the wrong limb or poking a patient in the eye while stitching a wound on the face\

Source: CourtListener parenthetical corpus (CC0).