In a case that’s testing the reach of Texas tort reform laws, a Dallas judge has ruled that it’s not a “health care liability claim” when a plaintiff hits a cow in the road that’s owned by a doctor.
The ruling concerns Richard K. Archer, an 82-year-old retired doctor who filed a motion to dismiss a personal injury case filed against him by Bobby Tunnell. who was allegedly injured when the vehicle he was travelling in hit several of Archers’ loose cows. Archer argued that Tunnell’s claim is really a medical malpractice case (See ” How Is Hitting a Cow in the Road Med Mal?” Texas Lawyer, Jan. 19, 2015.)
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