ATTEBERRY v. NOCONA GENERAL HOSP.

Nos. 04-11330, 04-11387, 04-11388, 04-11390 to 04-11392, 04-11394 to 04-11397.

430 F.3d 245 (2005)

SELDEN ATTEBERRY, Individually and as Representative of the Estate of Barbara Atteberry; Stacy Atteberry; India Atteberry, Individually, and as Next Friend of Lydia Diane Weatherread (a/k/a Lydia Chapmon), a Minor Child; Cecilia Nmi Morgan, Individually and as Representative of the Estate of Donna Sue Curnutte; Charley Curnutte; Charley B. Curnutte; Kathy Weaver, As Representative of the Estate of William J. Griffin and as Attorney-in-Fact for Ellawean Griffin, Plaintiffs-Appellees, v. NOCONA GENERAL HOSPITAL; et al., Defendants, Charles R. Norris; Barbara Jean Perry, Defendants-Appellants. Shirley Jeanette Holder, Individually and as Independent Executor of and Heir to the Estate of Jimmy Ray Holder, Plaintiff-Appellee, v. Nocona General Hospital; et al., Defendants, Charles R. Norris; Barbara Jean Perry, Defendants-Appellants. Dois Wayne Jackson, Individually and as Representative of the Estate of Everett Ethridge Jackson; Yvonne W. Jackson, Plaintiffs-Appellees, v. Nocona General Hospital; et al., Defendants, Charles R. Norris; Barbara Jean Perry, Defendants-Appellants. Billie J. Huggins, Individually and as Representative and Temporary Administrator of the Estate of Dorothy Jean Vanderburg; Estate of Dorothy Jean Vanderburg, Plaintiffs-Appellees, v. Nocona General Hospital; et al., Defendants, Charles R. Norris; Barbara Jean Perry, Defendants-Appellants. Carol Jean James, Plaintiff-Appellee, v. Nocona General Hospital; et al., Defendants, Charles R. Norris; Barbara Jean Perry, Defendants-Appellants. Betty Miller, Individually and as Executrix of the Estate of Alma Dixon, Deceased; Elaine Curtiss; David Dixon; Rick Dixon; Reene McCaffery; Gladys Bourge, Plaintiffs-Appellees, v. Nocona General Hospital; et al., Defendants-Appellants. Harry Don Reid, Administrator of the Estate of Donnelly Reid, Deceased, Plaintiff-Appellee, v. Nocona General Hospital; et al., Defendants, Charles R. Norris; Barbara Jean Perry, Defendants-Appellants. Barbara Gay Nichols Rector, Individually and as Legal Representative and Administrator of the Estate of J.T. Nichols; Clifford Nichols, Individually and as Heir to the Estate of J.T. Nichols; Michael Nichols, Individually and as Heir to the Estate of J.T. Nichols, Plaintiffs-Appellees, v. Nocona General Hospital; et al., Defendants, Charles R. Norris; Barbara Jean Perry, Defendants-Appellants. Harold Gene Vanderburg, Individually and as Heir of the Estate of Dorothy Jean Vanderburg; Estate of Dorothy Jean Vanderburg, Plaintiffs-Appellees, v. Nocona General Hospital; et al., Defendants, Charles R. Norris; Barbara Jean Perry, Defendants-Appellants. Charles Williams, Individually and as Representative of the Estate of John Walter Williams; Richard Williams, Individually and as Representative to the Estate of John Walter Williams; Dallas Williams, Individually and as Representative of the Estate of John Walter Williams, Plaintiffs-Appellees, v. Nocona General Hospital; et al., Defendants, Charles R. Norris; Barbara Jean Perry, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 3, 2005.


Attorney(s) appearing for the Case

William A. Walsh, Law Office of William A. Walsh, Bowie, TX, for Selden, Stacy and India Atteberry. Morgan, Charley and Charley B. Curnette, Weaver, Holder, and Harold and Dorothy Vanderburg.

Aaron Craig Carter, Asst. Atty. Gen., Brian G. Jackson, Davis & Davis, Austin, TX, for Defendants-Appellants.

Robert Gregory Fitzgerald, Law Office of Greg Fitzgerald, Bedford, TX, for Holder.

Michael C. Freden, Charles Martin Noteboom, Noteboom & Parker, Hurst, TX, for Jackson and Weatherly.

Abhay Dhir, Dhir & Associates, Dallas, TX, for Huggins, Dorothy Vanderburg and Charles, Richard and Dallas Williams and Estate of John Williams.

Donna Jo Brown, Slack & Davis, Austin, TX, for Miller, Curtiss, David and Rick Dixon, McCaffery, Bourge and Reid.

Kenneth D. Dugan, Lamberth Law Firm, Rickwall, TX, for Rector and Clifford and Michael Nichols.

Before KING, Chief Judge, and BARKSDALE and CLEMENT, Circuit Judges.


KING, Chief Judge:

In this consolidated interlocutory appeal, defendants-appellants Charles R. Norris and Barbara Jean Perry challenge the district court's denial of their motions to dismiss. For the reasons stated below, we AFFIRM.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

The plaintiffs-appellees (the "Plaintiffs") in this consolidated appeal are relatives or representatives of eleven deceased patients and one surviving...

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