Supreme Court of Texas Blog

No. 07-0783
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IRVING W. MARKS v. ST. LUKE'S EPISCOPAL HOSPITAL

Oral argument was held on September 11, 2008. The Court issued an opinion resolving the case on August 27, 2010. File Closed

In the news...

Tracking 11 articles about this case.

September 30, 2010

Marks (part 2): The Marks case, the Marks rule, and cases without holdings

from SCOTXblog

September 25, 2010

Looking for loopholes in malpractice caps

from Southeast Texas Record

September 22, 2010

High Court: Broken Bed Falls Under Malpractice Cap

from Texas Tribune

September 6, 2010

High Court Flip-Flops in Case Involving Hospital Bed Footboard

from Texas Lawyer

September 6, 2010

Turn around in the Texas Supreme Court

from Fort Worth Star-Telegram

August 27, 2010

Artful Pleading No Cure For Tort Reform

from Mass Torts: State of the Art

August 27, 2010

Seven decisions today; the Court revisits last Term’s most divided case (Marks v. St. Luke’s) [Aug. 27, 2010]

from SCOTXblog

This article also mentions 6 other cases.

April 9, 2010

Rehearing granted in the Marks hospital-bed case

from SCOTXblog

August 31, 2009

Texas Supreme Court cites limits to med-mal law

from Legal Newsline

August 28, 2009

Does a defective hospital bed fit within Texas’ medical malpractice statute?

from SCOTXblog

Opinions

August 27, 2010

Medina
Hecht
Wainwright
Johnson
Willett

Justice Medina delivered an opinion of the Court, in which Justice Hecht joined, and in which Justice Wainwright, Justice Johnson, and Justice Willett joined as to Parts I & IV. PDF

Jefferson
Green
Guzman
Lehrmann

Chief Justice Jefferson delivered an opinion concurring in part and dissenting in part, in which Justice Green, Justice Guzman, and Justice Lehrmann joined. PDF

Guzman

Justice Guzman delivered an opinion concurring in part and dissenting in part. PDF

Wainwright

Justice Wainwright delivered a concurring opinion. PDF

Johnson
Hecht
Wainwright
Willett

Justice Johnson delivered a concurring opinion, in which Justice Willett joined, and in which Justice Hecht joined as to Parts II and III-A, and in which Justice Wainwright joined as to Parts I, II, and III-A. PDF

Withdrawn Opinions

The opinions below have been withdrawn by order of the Court.

August 28, 2009

Medina
Jefferson
Oneill
Brister
Green

Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Brister, and Justice Green joined. PDF

Hecht

Justice Hecht delivered a dissenting opinion. PDF

Wainwright

Justice Wainwright delivered a dissenting opinion. PDF

Johnson
Hecht
Wainwright
Willett

Justice Johnson delivered a dissenting opinion, in which Justice Hecht, Justice Wainwright, and Justice Willett joined. PDF

Jefferson

Chief Justice Jefferson delivered a concurring opinion. PDF

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Affirmed
COA Docket No.:01-04-00228-CV
Opinion Author:Honorable Samuel M. Nuchia

Trial Court

Trial Court:215th District Court
County:Harris
Trial Judge:Honorable Levi James Benton
Trial Docket:2002-14343

Docket Entries

Date Event Outcome  
2011-01-12 Case Stored  
  This case was waiting for a possible rehearing motion between October 8, 2010 and January 12, 2011.  
2010-10-08 Mandate issued  
2010-08-27 Previous opinion withdrawn  
2010-08-27 Court approved judgment sent to attorneys of record Issued
2010-08-27 Concurring Opinion issued. Issued
2010-08-27 Concurring Opinion issued. Issued
2010-08-27 Concurring and Dissenting Opinion delivered Issued
2010-08-27 Concurring and Dissenting Opinion delivered Issued
2010-08-27 Opinion issued Court of Appeals' judgment affirmed
2010-08-27 Judgment Withdrawn  
  This case was awaiting the Court's decision after oral argument between April 9, 2010 and August 27, 2010.  
2010-04-09 Motion for Rehearing Granted
2010-04-09 Motion for Rehearing - Disposed Filing granted
2010-02-19 Response to Motion for Rehearing (Petitioner)  
2010-01-26 Motion for Extension of Time disposed.   Filing granted
2010-01-25 Motion for Extension of Time to File Response  
2010-01-14 Supreme Court of Texas Requested Response  
2010-01-11 Amicus Curiae Brief received  
2010-01-08 Amicus Curiae Brief received  
2010-01-08 Amicus Curiae Brief received  
2009-12-14 Amicus Curiae Brief received  
2009-11-20 Letter Filed  
2009-11-13 Motion for Rehearing  
2009-11-13 Case forwarded to Court
2009-10-16 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2009-10-14 Motion for Extension of Time to File Motion for Rehearing  
2009-10-05 Designation of Lead Counsel  
2009-10-01 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2009-09-29 Motion for Extension of Time to File Motion for Rehearing  
2009-08-28 Dissenting opinion issued. Issued
2009-08-28 Opinion issued Court of Appeals' judgment affirm and reverse in part; remand to court of appeals
2009-08-28 Dissenting opinion issued. Issued
2009-08-28 Dissenting opinion issued. Issued
2009-08-28 Concurring Opinion issued. Issued
2009-08-28 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between September 25, 2008 and August 28, 2009.  
2008-09-25 Electronic copies of brief posted to website  
2008-09-24 Electronic copies of brief posted to website  
2008-09-24 Post submission brief filed (Petitioner)  
2008-09-24 Response to Brief filed (Respondent)  
2008-09-11 Exhibits in case/cause filed (Respondent)  
2008-09-11 Oral argument  
2008-09-04 Call received  
2008-08-22 Oral Argument Submission Form from Attorney received  
2008-08-22 Oral Argument Submission Form from Attorney received  
2008-08-21 Phone call from Clerk's Office  
2008-08-13 Phone call from Clerk's Office  
2008-08-13 Case set for oral argument   Case set for oral argument
  This case was waiting for oral argument between May 16, 2008 and August 13, 2008.  
2008-05-16 Petition for Review disposed   Filing granted
2008-05-16 Petition for Review granted
2008-04-24 Electronic copies of brief posted to website  
2008-04-24 Electronic copies of brief posted to website  
2008-04-16 Reply Brief (Petitioner)  
2008-04-01 Brief on the Merits (Respondent)  
2008-03-13 Motion for Extension of Time disposed.   Filing granted
2008-03-11 Electronic copies of brief posted to website  
2008-03-11 Phone call from Clerk's Office  
2008-03-11 Motion for Extension of Time to File Brief filed  
2008-02-28 Brief on the Merits (Petitioner)  
2008-02-13 Electronic copies of brief posted to website  
2008-02-13 Electronic copies of brief posted to website  
2008-02-13 Electronic copies of brief posted to website  
2008-02-04 Case Record Filed  
2008-01-28 Record Requested in Petition for Review  
2008-01-28 Brief on the Merits Requested  
2007-12-20 Reply to Response (Petitioner)  
2007-12-04 Response to Petition (Respondent)  
2007-11-06 Supreme Court of Texas Requested Response  
2007-10-09 Case forwarded to Court
2007-10-02 Response Waiver filed  
2007-09-27 Appendix Filed (Petitioner)  
2007-09-27 Petition for Review (Petitioner)  

Parties

Party Counsel Role
Marks, Irving W.
Mr. Michael Patrick Doyle
Ms. Nancy Kimberly Hoesl
Ms. Nancy Kimberly Bohannon
Mr. James E. Doyle
Petitioner
St. Luke's Episcopal Hospital
Ms. Erin E. Lunceford
Mr. Roger A. Berger
Mr. Joel Randal Sprott
Ms. Jennifer H. Davidow
Mr. L. Boyd Smith Jr.
Respondent

Amici Curiae

Amicus Curiae Counsel
Tenet Healthcare Corporation
Mr. P. Michael Jung
Texas Alliance for Patient Access
Mr. R. Brent Cooper
Memorial Hermann Hospital System
Mr. Craig Smyser
Methodist Healthcare System of San Antonio, Ltd., L.L.P.
Mr. David A. Furlow
...
...