Texas Supreme Court weekly orders (5/1/15)

Posted by Scott Stolley, Thompson & KnightIn its weekly orders (click here), the Texas Supreme Court issued one opinion and granted two cases for review.The opinion is in No. 13-0439, Ross v. St. Luke’s Episcopal Hospital. In this case, a hospital visitor slipped on a wet lobby floor. The hospital argued that this is a healthcare liability claim that requires the plaintiff to file an expert report under the Texas Medical Liability Act. The Court disagreed and held that the case does not fall under that Act. In the process, the Court set out seven nonexclusive factors for distinguishing between cases that fall under the Act and cases that do not.One of the granted cases is No. 14-0006, Kingsaire, Inc. v. Melendez. This is a retaliatory-discharge case. The principal issue is whether there is legally sufficient evidence of discrimination or retaliation.The other granted case is No. 14-0574, J&D Towing, LLC v. American Alternative Ins. Corp. This insurance-coverage case involves a tow truck that was destroyed. The principal issue is whether the insured can recover loss-of-use damages for the lost profits suffered before the truck was replaced.