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CERTIFIED EMS, INC. v. POTTS

No. 11-0517.

392 S.W.3d 625 (2013)

CERTIFIED EMS, INC. d/b/a CPNS Staffing, Petitioner, v. Cherie POTTS, Respondent.

Supreme Court of Texas.

Delivered February 15, 2013.

Rehearing Denied March 29, 2013.

Attorney(s) appearing for the Case

Debra Ibarra Mayfield , Harris County Civil Courts at Law # 1, Harris County Civil Courthouse, Houston, TX, Laura Denise Wilson Slay and Nathan Montgomery Rymer, Rymer Moore Jackson & Echols, P.C., Houston, TX, for Certified EMS, Inc.

Clinton E. Wells Jr. , John T. McDowell , McDowell Wells LLP, Houston, TX, Vincent L. Marable III , Paul Webb PC, Wharton, TX, for Cherie Potts.

Chief Justice JEFFERSON delivered the opinion of the Court.

A patient alleged that a hospital nurse, who was temporarily placed with the hospital by a staffing service, assaulted her. The patient sued under the Texas Medical Liability Act, asserting that the staffing service was directly and vicariously liable for the nurse's conduct. The staffing service sought dismissal because the patient's expert reports did not specify how the service was directly negligent....

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