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Rawson, McKay & Naehritz Prevail on Appeal for Group Home Premises Liability Case

Hartline Barger attorneys Brian Rawson, Roy McKay and Holly Naehritz prevailed on an appeal before the Seventh Court of Appeals in Amarillo, Texas.

The father of a disabled adult filed suit against the operator of a group home where his son was living after his son fell in the restroom and sustained injuries. The father filed a lawsuit against the operator of the group home, alleging health care liability claims.

Hartline Barger filed a motion to dismiss on behalf of the operator of the group home, alleging that Plaintiff failed to provide expert reports that complied with the requirements of Chapter 74 of the Texas Civil Practice and Remedies Code. The trial court denied the motion to dismiss, and the operator of the group home appealed. On appeal, the Seventh Court of Appeals found that the Plaintiff’s expert reports did not meet the requirements of Chapter 74. Accordingly, the Court of Appeals reversed the trial court’s order and remanded the case to the trial court for the limited purpose of determining what amount of attorney’s fees should be awarded to the operator of the group home and for entry of a final order dismissing Plaintiff’s claims with prejudice.

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