Latest News
Dana Levy wins medical malpractice expert report appeal in the Amarillo Court of Appeals!
Congratulations to Dana Levy and trial counsel, Scott Hendler and Grayson McDaniel, who successfully defended a challenge to their nursing administrator and forensic pathology expert reports. In this nursing-home negligence case in which a resident died of hypothermia during Winter Storm Uri, the defendants objected that licensed nursing home administrators and a forensic pathologist were unqualified to provide preliminary expert reports under Chapter 74 because the administrators were not medical providers who treat patients, and the pathologist had never treated seniors.
Back-to-Back Wins in the Texas Supreme Court!
On May 6, 2022, Dana Levy successfully reversed a court of appeals’ opinion that the plaintiff’s expert report failed to satisfy Chapter 74 of the Texas Civil Practice and Remedies Code. The following week, Kirk Pittard successfully reversed a court of appeals’ opinion dismissing an appeal on jurisdiction grounds.
Dana Levy defends responsible third party ruling in the Texas Supreme Court!
DP&S’s Houston partner, Dana Levy, was in the Texas Supreme Court again on a case involving responsible third party practice. Dana argued in defense of the trial court’s order, and a Dallas Court of Appeals opinion letting that order stand, which struck a responsible third party designation by the owner of a gas facility of the former minority-interest owner and contract-operator. You can watch Dana’s argument here.
Dana Levy wins in the El Paso Court of Appeals!
Congratulations to Dana Levy who convinced the El Paso Court of Appeals to reverse a summary judgment granted in favor of an oil well services company and against our injured client. The court found fact issues as to the company’s liability for a collision caused by one of its workers, who was returning to remote well site after purchasing necessary supplies. Specifically, the court found that the existence of an employment relationship and whether the worker was acting in the course and scope of his employment were questions that needed to be answered by a jury.
Dana Levy wins in the Dallas Court of Appeals!
Congratulations to Dana Levy who successfully convinced the Dallas Court of Appeals to reinstate a medical malpractice case that had been dismissed. On appeal, Dana convinced the court that a cardiologist with hospital administration experience was qualified to opine as to a hospital’s policies and procedures for providing cardiac care.
Dana Levy wins medical malpractice expert report challenge in Houston’s Fourteenth Court of Appeals!
Congratulations to Dana Levy on her successful defense of medical malpractice expert reports before Houston’s Fourteenth Court of Appeals. The court of appeals affirmed the trial court’s denial of Chapter 74 motions to dismiss filed by various health care providers, finding that the challenged experts were qualified and that their reports satisfied Chapter 74’s gate-keeping functions in all respects.
Dana Levy successfully defends default judgment in Houston’s 14th Court of Appeals!
Congratulations to Dana Levy who successfully defended a $500,000 default judgment in Houston’s Fourteenth Court of Appeals! Dana prevailed by arguing that the defendant’s 2019 appeal of a 2015 default judgment was untimely. The court of appeals agreed, rejecting the defendants’ argument that the default judgment was interlocutory because an unserved defendant was never nonsuited.
Dana Levy defeats mandamus petition in the Dallas Court of Appeals!
Congratulations to Dana Levy, and trial counsel Jason Stephens, on successfully defeating a mandamus petition filed in the Dallas Court of Appeals, seeking relief from the trial court’s striking of a responsible third party designation. The defendant, an owner of a gas facility where our client was injured, tried to designate and assign blame to a former minority-interest owner and contract-operator of the property.
Dana Levy Wins in the Texas Supreme Court!
Congratulations to Dana Levy, who won an important medical malpractice case in the Texas Supreme Court! Dana successfully overturned a court of appeals holding that would have required a party to produce an expert report simply for purposes of seeking discovery from a nonparty physician.