GURKOFF v. JERSAK

No. 08-0398.

278 S.W.3d 776 (2009)

Jerry GURKOFF, D.O., Petitioner, v. Rosemary JERSAK, Respondent.

Supreme Court of Texas.

February 27, 2009.


Attorney(s) appearing for the Case

Hilaree A. Casada, Michael L. Hurst, Hermes Sargent Bates, L.L.P., Dallas, TX, for Petitioner.

Grey Pierson, Pierson Behr, Jeffrey C. Poster, Jeffrey Poster, P.C., Arlington, TX, for Respondent.


Petition for review denied.

Justice BRISTER, joined by Justice HECHT, dissenting from the denial of the petition for review.

There is no point passing laws if the courts will not enforce them. The point of the law mandating expert reports was to shift the costs of meritless cases to those who filed them. In this case, no expert report was ever filed, so the statute deems it meritless. Yet the courts below refused to shift any costs because the defendant sought...

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