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COLUMBIA MEDICAL CENTER v. HOGUE

No. 05-03-00279-CV.

132 S.W.3d 671 (2004)

COLUMBIA MEDICAL CENTER OF LAS COLINAS, INC. d/b/a Las Colinas Medical Center, Appellant v. Athena HOGUE, Individually and as Executrix of the Estate of Robert Hogue, Jr., Deceased, Christopher Hogue and Robert Hogue, III, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Granted May 6, 2004.

Attorney(s) appearing for the Case

R. Brent Cooper, Diana L. Faust, Brad M. Lamorgese, Ashley E. Frizzell, Cooper & Scully, P.C., Dallas, TX, for Appellant.

Eric D. Pearson, Mark S. Werbner, Sayles Lidji & Werbner P.C., Melvin Wolovits, Joshua Bernstein, Wolovits & Chaiken, Dallas, TX, for Appellee.

Before Justices JAMES, BRIDGES and RICHTER.

OPINION

Opinion by Justice RICHTER.

Appellant brings four issues on appeal asking this Court to determine whether this case constitutes a health care liability claim falling within the strictures of the Medical Liability and Insurance Improvement Act1 ("MLIIA") and thus subject to the statutory damages cap; whether the trial court erroneously failed to properly submit a contributory negligence issue to the jury; whether there...

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