CHCA Woman's Hospital, L.P. v. Lidji
403 S.W.3d 228
| Tex. | 2013Background
- Lidjis sue CHCA Woman’s Hospital for neonatal injuries in First Suit filed Apr 2, 2009.
- Lidjis nonsuit the First Suit on Jul 27, 2009 (116 days after filing).
- About two years later, Aug 15, 2011, Lidjis file Second Suit against CHCA and other providers.
- On the Second Suit filing date, Lidjis serve an expert report on CHCA.
- CHCA argues the expert-report deadline expired before nonsuit and tolled none; trial court denies dismissal.
- Texas Supreme Court holds tolling applies to permit service within the refiling period, affirming Court of Appeals
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does nonsuit toll the 120-day expert-report deadline under TMLA? | Lidjis contend tolling occurs between nonsuit and refiling. | CHCA contends deadline runs from original petition and is not tolled by nonsuit. | Yes, tolling applies between nonsuit and refiling. |
| Is there appellate jurisdiction to review tolling ruling in this context? | Lidjis argue jurisdiction under 22.001(a)(2)/22.225(c) due to conflicting decisions. | CHCA asserts jurisdiction based on conflict with prior decisions. | Court has jurisdiction and affirms the tolling ruling. |
Key Cases Cited
- Gardner v. U.S. Imaging, Inc., 274 S.W.3d 669 (Tex. 2008) (tolling in default judgments informs tolling theory for expert reports when due process concerns arise)
- Runde v. Foley, 274 S.W.3d 232 (Tex.App.-Houston [1st Dist.] 2008) (tolling not restarted by nonsuit in some contexts; supports tolling when nonsuit occurs before deadline)
- Spectrum Healthcare Res., Inc. v. McDaniel, 306 S.W.3d 249 (Tex. 2010) (expert-report threshold requirement; supports tolling interpretation within statutory framework)
- Leland v. Brandal, 257 S.W.3d 204 (Tex.2008) (Legislature balanced frivolous vs meritorious claims; informs statutory construction)