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DIVERSICARE GENERAL PARTNER, INC. v. RUBIO

No. 02-0849.

185 S.W.3d 842 (2005)

DIVERSICARE GENERAL PARTNER, INC., Diversicare Leasing Corporation, Advocat, Inc., and Texas Diversicare Limited Partnership d/b/a Goliad Manor, Petitioners, v. Maria G. RUBIO and Mary Holcomb as Next Friend of Maria G. Rubio, Respondents.

Supreme Court of Texas.

Decided October 14, 2005.

Rehearing Denied December 9, 2005.

Attorney(s) appearing for the Case

Dorothy Siemon, for Amicus Curiae AARP and The National Citizens.

Robert A. Shults, for Amicus Curiae Living Centers of Texas, Inc.

Stephen R. Darling, Gonzales Hoblit Ferguson LLP, San Antonio, Audrey Mullert Vicknair, Law Office of Audrey Mullert Vicknair, Joel Cruz Resendez, Chaves Resendez & Rivero, Corpus Christi, for Petitioners.

Henry P. Giessel, David T. Marks, The Marks Firm, and T. Gerald Treece, Houston, for Respondents.

Justice WAINWRIGHT delivered the opinion of the Court, in which Justice HECHT, Justice MEDINA, Justice JOHNSON, and Justice WILLETT joined, and in which Chief Justice JEFFERSON joined as to Part III(B)(3).

We address for the first time whether the Medical Liability Insurance Improvement Act (MLIIA or the Act) governs a patient's claims that a nursing home's negligence in failing to provide adequate supervision and nursing...

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