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DUAL D HEALTHCARE OPERATIONS v. KENYON

No. 05-08-01233-CV.

291 S.W.3d 486 (2009)

DUAL D HEALTHCARE OPERATIONS, INC. d/b/a Kemp Care Center and a/k/a Dual D Operations, Inc., and Dual D Life Care, Inc., jointly and severally, Appellants, v. John KENYON, Appellee.

Court of Appeals of Texas, Dallas.

June 29, 2009.

Attorney(s) appearing for the Case

Aldean E. Kainz, Jackson Walker, LLP, Austin, TX, for Appellant.

David A. Schiller, The Schiller Firm, Plano, TX, George Breck Harrison, Austin, TX, for Appellee.

Before Justices RICHTER, LANG and MURPHY.

OPINION

Opinion By Justice RICHTER.

This appeal arises from a patient's fall in a hospital hallway. In a single issue, appellants Dual D Healthcare Operations, Inc. d/b/a Kemp Care Center and a/k/a Dual D Operations, Inc., and Dual D Life Care, Inc. (collectively, "Nursing Home") challenge the trial court's order denying their motion to dismiss on the ground that appellee John Kenyon's claim is a health care liability claim and he failed to comply with the...

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