YAMADA v. FRIEND

No. 08-0262.

335 S.W.3d 192 (2010)

Roy Kenji YAMADA, M.D., Petitioner, v. Laura FRIEND, Individually and as Personal Representative of the Estate of Sarah Elizabeth Friend, Deceased, and Luther Friend, Individually, Respondents.

Supreme Court of Texas.

Decided December 17, 2010.


Attorney(s) appearing for the Case

J. Kevin Carey , Carey Law Firm, Bonnie Susan Bleil , Law Office of Bleil & King, Fort Worth, TX, for Roy Kenji Yamada, M.D.

Darrell L. Keith , Courtney Shannon Keith , Arin Kay Schall , Keith Law Firm, P.C., Jeffrey H. Kobs , Kobs, Haney & Hundley, LLP, Fort Worth, TX, for Laura Friend.

George A. Staples Jr. , Taylor Olson Adkins Sralla & Elam, Fort Worth, TX, for other interested party City of North Richland Hills.

Russell Ramsey , Ramsey & Murray, Houston, TX, for other interested party Jeff Ellis.


Justice JOHNSON delivered the opinion of the Court.

In this appeal we address whether claims against a health care provider based on one set of underlying facts can be brought as both health care liability claims subject to the Texas Medical Liability Act (TMLA) and ordinary negligence claims not subject to the TMLA. We hold that they cannot.

Sarah Friend collapsed at a water park and later died. As a result of her death her parents sued several parties, including...

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