Supreme Court of Texas Blog

No. 09-0544
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Oral argument was held on October 13, 2010. The Court issued an opinion resolving the case on January 21, 2011. File Closed

In the news...

Tracking 3 articles about this case.

January 24, 2011

Broad immunity for government doctors; substitution of parties; implied findings [Jan. 21, 2011]

from SCOTXblog

This article also mentions 11 other cases.

The Court has issued opinions:

October 12, 2010

October argument sitting: electronic voting machines, credit scoring, and more

from SCOTXblog

This article also mentions 8 other cases.

May 28, 2010

Five new grants; a remand in the interest of justice; more on contractual subrogation [May 28, 2010]

from SCOTXblog

This article also mentions 7 other cases.


January 21, 2011


Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Green, Justice Willett, and Justice Guzman joined. PDF


Justice Lehrmann delivered a dissenting opinion, in which Justice Medina joined. PDF


Court of Appeals

Appellate District:4th Court of Appeals
Outcome Below:Reversed & Remanded
COA Docket No.:04-08-00379-CV
Opinion Author:Honorable Catherine Stone

Trial Court

Trial Court:150th District Court
Trial Judge:Honorable Joe Frazier Brown
Trial Docket:2005-Ci-14669

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2011-07-15 Case Stored  
  This case was waiting for a possible rehearing motion between April 6, 2011 and July 15, 2011.  
2011-04-06 Call received  
2011-04-06 Mandate issued  
  This case was waiting for a possible rehearing motion between February 10, 2011 and April 6, 2011.  
2011-02-10 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2011-02-03 Motion for Extension of Time to File Motion for Rehearing  
2011-01-21 Opinion issued Court of appeals' judgment affirmed
2011-01-21 Court approved judgment sent to attorneys of record Issued
2011-01-21 Dissenting opinion issued. Issued
  This case was awaiting the Court's decision after oral argument between October 18, 2010 and January 21, 2011.  
2010-10-18 Amicus Curiae Letter Received  
2010-10-13 Oral argument  
2010-10-12 Amicus Curiae Brief received  
2010-10-07 Oral Argument Submission Form from Attorney received  
2010-09-09 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between July 16, 2010 and September 9, 2010.  
2010-07-16 Case set for oral argument   Case set for oral argument
2010-05-28 Petition for Review granted
2010-05-28 Petition for Review disposed   Filing granted
  This case was pending on merits briefs between January 26, 2010 and May 28, 2010.  
2010-01-26 Reply Brief (Petitioner)  
2010-01-11 Brief on the Merits (Respondent)  
2009-12-21 Brief on the Merits (Petitioner)  
2009-12-17 Case Record Filed  
2009-11-24 Record Requested in Petition for Review
2009-11-20 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between September 14, 2009 and November 20, 2009.  
2009-09-14 Response to Petition (Respondent)  
2009-08-13 Supreme Court of Texas Requested Response  
2009-08-04 Case forwarded to Court
2009-07-31 Designation of Lead Counsel  
2009-07-31 Response Waiver filed  
2009-07-23 Designation of Lead Counsel  
2009-07-23 Response Waiver filed  
2009-07-06 Petition for Review (Petitioner)  
2009-07-06 Appendix Filed (Petitioner)  


Party Counsel Role
Horan, M.D., John
Mr. Brett B. Rowe
Ms. Diana L. Faust
Kimbrell, M.D., Patrick
Ms. Diana L. Faust
Ms. Rosemary L. Hollan
Ms. Devon J. Singh
Mr. R. Brent Cooper
Sports Medicine Associates of San Antonio
Mr. Richard John Kasson
Other Interested Party
Allen, D.P.M., Marque
Mr. Carl R. Dawson
Mr. David M. Adkisson
Other Interested Party
Molinet, Jeremy
Mr. Bill Whitehurst
Mr. Eugene W. Brees II
Mr. Brant Steven Mittler
Mr. Jon Todd Powell
Ms. Michelle Mei-Hsue Cheng

Amici Curiae

Amicus Curiae Counsel
Biomet, Inc., EBI Medical Systems, L.P., EBI Medical Systems, Inc., LVB
Ms. Rosemarie Kanusky
Texas Alliance for Patient Access
Mr. D. Michael Wallach