SCOTX Focuses On Expert Requirement In Assisted Living Center Fall Case

Lawyer James “Jim” Walker of Rockwall is confident that a jury would find that a large crack in a sidewalk outside of a North Texas assisted living facility contributed to an elderly woman’s devastating fall in 2014.

But Walker told the Texas Supreme Court Wednesday, for the family’s wrongful death case to reach a jury, it needs to be considered as one of premises liability rather than as a health care liability claim that required the filing of an expert witness report. The facility is seeking dismissal of the lawsuit due to the lack of a report from a medical expert.