Assisted Living Center Fall Case Dismissed Under Medical Liability Act

The Texas Supreme Court on Friday ordered dismissal of a wrongful death case filed against a North Texas assisted living facility by the daughter of a resident who fell on a cracked sidewalk. The court, in a 6-3 ruling, found that the case should have been filed as a healthcare liability claim, which required the plaintiff to submit an early expert report.

The decision means that a jury will not consider the circumstances of Carmelina “Millie” Smith’s devastating fall in 2014 outside of DaySpring, a state-licensed facility owned by Collin Creek Assisted Living Center. On that day, Carolyn Faber had gone to pick up her 88-year-old mother for a hair appointment. Smith was seated in a walker and being pushed by an attendant when the walker became caught in a crack in the sidewalk and tipped over. Smith hit her head on the concrete and died eight days later.