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MEDICAL CENTER OF LEWISVILLE v. SLAYTON

No. 02-10-00101-CV.

335 S.W.3d 382 (2011)

MEDICAL CENTER OF LEWISVILLE a/k/a Columbia Medical Center of Lewisville Subsidiary, L.P., Appellant, v. Carolyn SLAYTON, Appellee.

Court of Appeals of Texas, Fort Worth.

January 13, 2011.

Attorney(s) appearing for the Case

Diana L. Faust , Richard C. Harrist , Cooper & Scully, P.C., Dallas, TX, for Appellant.

Chuck Elsey , Chad D. Elsey , Elsey & Elsey, Flower Mound, TX, for Appellee.

PANEL: DAUPHINOT, WALKER, and GABRIEL, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

The primary question presented by this appeal is whether, after the expiration of Texas Civil Practice and Remedies Code section 74.351's 120-day expert report deadline, a health care liability claimant may avoid dismissal of her suit against a health care provider by filing an amended petition pleading a common law premises liability slip-and-fall cause of action against the same health care provider...

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