A patient's claim that a nursing home’s negligence in failing to provide adequate supervision and nursing services proximately caused her injuries from a sexual assault by another patient constituted a health care liability claim governed by the MLIIA. Diversicare et al v. Rubio, __S.W.3rd __, Tex. Sup. Ct. (10/14/05). PDF version

An annual statement to the buyer required of the seller of real property by contract for deed that omits some of the information required by the Property Code does not invoke the statutory penalty provision unless the statement is so deficient as to be something other than a good faith attempt by the seller to inform the purchaser of the current status of their contractual relationship; when the statute is violated, proof of actual damages is not required. Flores v Millennium Interests Ltd., __S.W.3rd __, (Tex. Sup. Ct. 9/30/2005) PDF version

In this medical malpractice case the court held that the plaintiff's expert report satisfied the MLIIA requirements because it sufficiently set forth the standard of care and how it was breached and specifically stated what should have been done for the patient and what the nurses should have, but did not, do; it met the causation requirement by linking his conclusion regarding the nurses’ alleged breach of the standard of care with his conclusion that the patient's neurological condition would not have deteriorated and her death would have been averted, had the nurses done what they should have done. Tovar v. Methodist Healthcare System of San Antonio, __S.W.3rd __, (Tex. App. -- San Antonio, 11/16/05) HTML version

The claim for recovery of a minor's pre-adult medical expenses generally belongs to the parents and limitations is not tolled until the minor's fourteenth birthday; the two year limitations provision in TCPRC § 74.251 applies. Morrell v. Finke , __S.W.3rd __ (Tex. App. -- Fort Worth, (11/3/2005).

A claim to enforce a settlement agreement should, if possible, be asserted in that court under the original cause number; if the trial court grants a summary judgment enforcing the agreement, it may be severed. Zars v. Esquivel, __ S.W.3rd __, (Tex. App. -- San Antonio, 11/23/05).

The company requirement that an independent contractor conduct sales demonstrations in customers’ homes did not constitute evidence that the company exercised or retained control over the salesperson's driving or that the company had a duty to investigate the salesperson's driving record so as to establish a claim for vicarious liability. Jeffrey v. Robertson Sales and Service, Inc.__ S.W.3rd __ (Tex. App. -- Eastland, 10/13/05 ).

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