In Re Spooner
333 S.W.3d 759
| Tex. App. | 2011Background
- Walters sued Dr. Spooner, Cleveland Regional Medical Center, and Shirley Kiefer for medical negligence arising from a 1995 tubal ligation at CRMC.
- Sponge was allegedly left in Walters; a sponge was found in 2005 and the suit was filed in 2005.
- In 2006, defendants moved for summary judgment arguing Walters’ claims were time-barred by the two-year statute of limitations.
- Walters argued an Open Courts Clause exception and a discovery rule; she later sought partial summary judgment on judicial admissions.
- The trial court granted summary judgment for limitations; Texas Supreme Court reversed, remanded for further proceedings in 2010.
- Walters filed a motion in August 2010 to determine judicial admissions; the trial court entered an October 13, 2010 order stating defendants admitted the sponge was retained and caused Walters’ pain.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were the statements judicial admissions as a matter of law? | Walters contends the motions contained clear, deliberate admissions. | Relators argue statements were arguments in context to support limitations, not admissions. | Statements were not clear, deliberate judicial admissions. |
| Is mandamus relief appropriate given no adequate remedy by appeal? | Relators conclude appellate remedy would be inadequate due to trial-delaying evidentiary restrictions. | Walters argues issues can be reviewed on appeal after final judgment. | This is an exceptional case justifying mandamus relief; inadequate remedy by appeal shown. |
Key Cases Cited
- Holy Cross Church of God in Christ v. Wolf, 44 S.W.3d 562 (Tex. 2001) (judicial admission must be clear and unequivocal)
- Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (review of trial court's legal ruling is de novo; abuse of discretion for factual issues)
- Prudential Ins. Co. of America, 148 S.W.3d 124 (Tex. 2004) (adequacy of mandamus remedy balancing interests)
- In re McAllen Med. Ctr., Inc., 275 S.W.3d 458 (Tex. 2008) (interlocutory mandamus review; cost-benefit of delaying trial)
- In re Brokers Logistics, Ltd., 320 S.W.3d 402 (Tex. App.—El Paso 2010) (mandamus relief when trial court's order prejudices defense)
- In re Salazar, 315 S.W.3d 279 (Tex. App.—Fort Worth 2010) (considerations for mandamus in exceptional cases)