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HORIZON/CMS HEALTHCARE CORP. v. AULD

No. 2-98-083-CV

985 S.W.2d 216 (1999)

HORIZON/CMS HEALTHCARE CORPORATION d/b/a Heritage Western Hills Nursing Home, Appellant, v. Lexa AULD, Administratrix of The Estate of Martha Hary, Deceased, Appellee. Lexa Auld, Administratrix of The Estate of Martha Hary, Deceased, Appellant, v. Horizon/CMS Healthcare Corporation d/b/a Heritage Western Hills Nursing Home, Appellee.

Court of Appeals of Texas, Fort Worth.

January 8, 1999.

Attorney(s) appearing for the Case

R. Brent Cooper, Michelle E. Robberson, Diana L. Faust, Cooper & Scully, Dallas, for appellant.

H. Dustin Fillmore, III, Charles W. Fillmore, The Fillmore Law Firm. P.C., H. Dustin Fillmore, III, Fort Worth, for Lexa Auld.

Before DAUPHINOT, RICHARDS, and HOLMAN, JJ.

OPINION

DIXON W. HOLMAN, Justice.

We withdraw our opinion and judgment of January 7, 1999, and substitute the following. The opinion contains no substantive changes affecting the result and is only substituted to correct typographical errors.

This survival action began as a personal injury suit brought for Martha Hary as plaintiff by her next friend, Francis Orr. They sued for damages proximately caused by the negligence and gross negligence...

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