BAKER v. GOMEZ

No. 08-06-00330-CV.

276 S.W.3d 1 (2008)

Ronald F. BAKER, M.D., Appellant, v. Christina GOMEZ, Individually and as Personal Representative of the Estate of Lorenzo Gomez, and all Wrongful Death Beneficiaries, and as Next Friend of Savannah Nichole Gomez, Breann Tyara Gomez, Appellee.

Court of Appeals of Texas, El Paso.

January 24, 2008.


Attorney(s) appearing for the Case

Robert Dinsmoor, Ray, Valdez, McChristian & Jeans, El Paso, TX, for Appellant.

John Mundie, Miranda & Boyaki, El Paso, TX, for Appellee.

Before McCLURE, ABLES, JJ., and BARAJAS, C.J. (Ret.).


OPINION

ANN CRAWFORD McCLURE, Justice.

Dr. Ronald F. Baker appeals the denial of his motions to dismiss pursuant to Section 74.351 of the Texas Medical Liability and Insurance Improvement Act. For the following reasons, we reverse and remand.

FACTUAL SUMMARY

On November 7, 2003, 38-year-old Lorenzo Gomez was conducting law enforcement tactical exercises when he felt dizzy, developed a headache, and became nauseous. He was taken by...

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