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MARTINEZ v. BATTELLE MEMORIAL INSTITUTE

No. 07-99-0516-CV.

41 S.W.3d 685 (2001)

Linda MARTINEZ, Individually and as Next Friend of Frank Martinez, Jr., A Minor, and as Representative of the Estate of Frank Martinez, Sr., Deceased and Margaret Ann Martinez, Appellants v. BATTELLE MEMORIAL INSTITUTE, Mason & Hanger Corporation, Dr. Arthur Morton, Carl D. Lang, Dr. Kim Baker, R.D. Looman, Paul Sowa, Jim Rackstraw, Mike Pikula, David Martel and Sabrina Casey, Appellees.

Court of Appeals of Texas, Amarillo.

January 3, 2001.

Attorney(s) appearing for the Case

Jose Luis Garriga, The Garriga Law Firm, Odessa, for appellant.

Barry Peterson, Peterson, Farris, Doores & Jones, Amarillo, for appellee.

Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

JOHNSON, Justice.

Linda Martinez, Individually and as Next Friend of Frank Martinez, Jr., and as Representative of the Estate of Frank Martinez, Sr., and Margaret Ann Martinez appeal from the dismissal of their suit against Battelle Memorial Institute, Dr. Arthur Morton, Dr. Kim Baker, and the Estate of Dr. Carl D. Lang, Deceased, because expert reports required by the Medical Liability and Insurance Improvement Act were not filed. Appellants claim that (1) the trial...

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