Bryan Rutherford and Greg Ziegler win appeal for nursing home, award of attorney’s fees on remand

The plaintiff sued a nursing home, alleging wrongful death arising from the health care provided to plaintiff’s grandmother. The nursing home sought dismissal in the trial court based on plaintiff’s failure to serve an expert report that complied with Chapter 74, the Texas Health Care Liability Act. The trial court allowed plaintiff to file a supplemental report, which defendant challenged on the merits and as being untimely. On appeal, the Fourteenth Court of Appeals held the plaintiff failed to timely file her expert report, and the nursing home was entitled to dismissal. On remand, the trial court conducted a hearing and awarded the nursing home over $68,000 in attorney’s fees and costs incurred in defending the lawsuit.

Click here to view the appellate opinion for Nexion Health at Beechnut, Inc., D/B/A Beechnut Manor V. Yestial Paul, as representative of all wrongful death beneficiaries and as representative of the Estate of Robbie Lee Paul, Deceased