IN RE BUSTER

No. 08-0125.

275 S.W.3d 475 (2008)

In re Shondra BUSTER, Personal Representative of the Estate of James Brewer, Relator.

Supreme Court of Texas.

Rehearing Denied February 27, 2009.


Attorney(s) appearing for the Case

Darrin M. Walker, Law Office of Darrin Walker, Kingwood, TX, Jeff B. Badders, Badders & Badders, Nacogdoches, TX, Michael Kirk Mathis, Chandler Law Firm, Lufkin, TX, for Relators.

Gregory Norman Ziegler, Noreen Grant, Bryan Rutherford, MacDonald Devin, P.C., Dallas, TX, for Real Party in Interest.


PER CURIAM.

Lavene Brewer filed this suit against Oak Manor Nursing Home,1 alleging it failed to prevent her husband from falling down a flight of stairs. Within 120 days of filing, she served an expert report as required by statute. TEX. CIV. PRAC. & REM. CODE § 74.351(a). Oak Manor moved to dismiss on the ground that the report was signed by a nurse, while the statute requires a physician's report on causation. Id. &...

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