direct liability claim (Texas) · Go Syfert
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direct liability claim in Texas

16 Texas opinions name it 1 courts 2009–2018 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
Salais v. Texas Department of Aging & Disability Servicesgreen
texapp · 2010 · cited in 3 Texas opinions naming this issue, 2012–2012
2 sentences

2012See Salais, 323 S.W.3d at 535-36 (holding separate physician report on causation must show qualification to opine on causation when report on paramedic standard of care and breach found to be sufficient).

2012See Salais, 323 S.W.3d at 535–36 (holding separate physician report on causation must show qualification to opine on causation when report on paramedic standard of care and breach found to be sufficient).

33
TTHR Limited Partnership D/B/A Presbyterian Hospital of Denton v. Claudia Moreno, Individually and as Next Friend of Freddy Coronado, a Minorgreen
texapp · 2011 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012See Moreno, 2011 WL 2651813, at *5 .

2012See Moreno, 2011 WL 2651813, at *5 .

22
Carl J. Battaglia, M.D., P.A. v. Alexandergreen
tex · 2005 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009See Battaglia v. Alexander , 177 S.W.3d 893, 902 (Tex. 2005); Kettle v. Baylor Med.

2009See Battaglia v. Alexander, 177 S.W.3d 893, 902 (Tex.2005); Kettle v. Baylor Med.

22
Gardner v. U.S. Imaging, Inc.green
tex · 2008 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011Observing that an expert report can be adequate as to a vicarious liability theory without mention of any specific conduct of the defendant, Gardner v. U.S. Imaging, Inc., 274 S.W.3d 669, 671-72 (Tex. 2008), Certified EMS contends that our holding contradicts Chapter 74's notification policy by allowing a plaintiff to assert a direct liability claim without ever informing the defendant of any of its specific conduct.

2011Observing that an expert report can be adequate as to a vicarious liability theory without mention of any specific conduct of the defendant, Gardner v. U.S. Imaging, Inc., 274 S.W.3d 669, 671-72 (Tex.2008), Certified EMS contends that our holding contradicts Chapter 74’s notification policy by allowing a plaintiff to assert a direct liability claim without ever informing the defendant of any of its specific conduct.

12
Thomas v. AP Green Industries, Inc.green
lactapp · 2006 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Thomas, 933 So. 2d at 852 .

11
Methodist Charlton Medical Center v. Steelegreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See 1 ½ years after the filing of the 2007 original petition id.

11
Sanchez v. Mulvaneygreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See e.g., Nwokedi v. Unlimited Restoration Specialists, Inc., 428 S.W.3d 191 , 201 and 210 (Tex. App.—Houston [1st Dist.] 2014, pet. denied) (affirming judgment against president of an LLC in tort action based on knowing participation in wrongful acts); Sanchez v. Mulvaney, 274 S.W.3d at 712 (permitting claims against LLC member based on his own liability to proceed); Coleman v. Savoie, No. 03-97-00548-CV, 1998 WL 305322 at *4 (Tex. App.—Austin 1998, no pet.) (affirming judgment against employee of LLC and limited partnership for personally obstructing an easement by constructing a sidewalk on

11
Edward Nwokedi and 1002 Gemini Interests, LLC v. Unlimited Restoration Specialists, Inc.green
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See e.g., Nwokedi v. Unlimited Restoration Specialists, Inc., 428 S.W.3d 191 , 201 and 210 (Tex. App.—Houston [1st Dist.] 2014, pet. denied) (affirming judgment against president of an LLC in tort action based on knowing participation in wrongful acts); Sanchez v. Mulvaney, 274 S.W.3d at 712 (permitting claims against LLC member based on his own liability to proceed); Coleman v. Savoie, No. 03-97-00548-CV, 1998 WL 305322 at *4 (Tex. App.—Austin 1998, no pet.) (affirming judgment against employee of LLC and limited partnership for personally obstructing an easement by constructing a sidewalk on

11
Maxwell v. Seifertgreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Maxwell v. Seifert, 237 S.W.3d 423, 426 (Tex.App.-Houston [14th Dist.] 2007, pet. denied); see also Davis v. Baker, No. 03–10–00324–CV, 2010 WL 5463864 , at *2–3, 2010 Tex.App.

11
Certified EMS, Inc. v. Pottsgreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012Ctr. v. Miller, No. 11-11-00141-CV, 2012 Tex. App. LEXIS 683 , at * 9-11 (Tex. App.—Eastland Jan. 26, 2012, no pet.) (mem. op.) (collecting cases and declining to follow Certified EMS, Inc. v. Potts, 355 S.W.3d 683, 692 (Tex. App.—Houston [1st Dist.] May 19, 2011, pet. filed) (op. on reh’g)).

11
RGV Healthcare Associates, Inc. v. Estevisgreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012CODE ANN. § 74.351(r)(6); Estevis, 294 S.W.3d at 271 (concluding that the expert report did not support a direct liability claim against the health care provider because it failed to address all of the required elements); Ctr. for Neurological Disorders v. George, 261 S.W.3d 285, 294 (Tex. App.—Fort Worth 2008, pet. denied) (op. on remand) (finding that an expert report was deficient as to a claim for direct liability against a professional association because it only discussed the association’s vicarious liability and not its specific conduct); see also In re Knapp Med.

11
Center for Neurological Disorders, P.A. v. Georgegreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012CODE ANN. § 74.351(r)(6); Estevis, 294 S.W.3d at 271 (concluding that the expert report did not support a direct liability claim against the health care provider because it failed to address all of the required elements); Ctr. for Neurological Disorders v. George, 261 S.W.3d 285, 294 (Tex. App.—Fort Worth 2008, pet. denied) (op. on remand) (finding that an expert report was deficient as to a claim for direct liability against a professional association because it only discussed the association’s vicarious liability and not its specific conduct); see also In re Knapp Med.

11
Cosgrove v. Grimesgreen
tex · 1989 · cited in 1 Texas opinions naming this issue, 2009–2009
1 sentence

2009See Cosgrove , 774 S.W.2d at 665 ; Judwin Props., Inc. , 911 S.W.2d at 507 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Petty v. Churner green
texapp · 2010
1 sentence

2015They had to At the hearing before the probate court, the Fischers serve a report—not just a petition—supporting their 2007 acknowledged initially that they did not timely serve the direct-liability claim.11 See Churner, 310 S.W.3d at 138 original ADC defendant with the 2009 reports from Varon (affirming trial court’s dismissal of health care liability and Johnson.

12015–2015
Ghazali v. Brown green
texapp · 2010
1 sentence

2011Ghazali, 307 S.W.3d at 505 .

12011–2011
Judwin Properties, Inc. v. Griggs & Harrison green
texapp · 1995
1 sentence

2009See Cosgrove , 774 S.W.2d at 665 ; Judwin Props., Inc. , 911 S.W.2d at 507 .

12009–2009

Where else courts name it

TX 16 (2009–2018) UT 3 (2012–2014) MD 2 (2022–2022) WI 2 (1983–1983) AL 2 (2014–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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