Eric W. Norris v. Triumph Hospital of East Houston, L.P. ( 2015 )

N0.14-0976
SUPREME COURT OF TEXAS
FILED
IN SUPREME COURT OF TEXAS
ERIC W. NORRIS
Petitioner, JUN -12015
Blake Hawthorne. Clerk
v. by ' Deputy
TRIUMPH HOSPITAL OF EAST HOUSTON, L.P.
Respondent.
On Appeal From Cause No. 14-13-00431-CV
Fourteenth Court Of Appeals, Texas
MOTION FOR REHEARING EN BANC
May 26,2015
Eric W. Norris
Petitioner Pro Se
Oral Argument Requested
Pursuant to Texas Rules of Appellate Procedure§ 64.1 and§ 4.1, Petitioner
Norris files this motion for rehearing for the following reasons:
I. TEXAS CONSTITUTION, XVI, SECTION§ 26 HAS BEEN
EFFECTIVELY NULLIFIED BY TillS COURT'S DECISION
TEXAS CONSTITUTION, Article XVI, Section § 26 contains the text
"heirs of his or her body" in reference to a decedent's descendants in a homicide
case. Section § 26 gives Norris legal standing to seek exemplary damages for his
grandmother Bertha Woodard's homicide because he is a "heir of her body."
This Court's denial of Norris' Petition for Review has effectively nullified
Section § 26. Constitutional law cannot be ignored, abridged, or abrogated by
judicial opinion or statute. This is a universally accepted legal principle at both the
state and federal levels and is currently being ignored in the present case. The
abrogation of Norris' constitutional right to seek damages for Bertha's homicide
will not survive federal scrutiny.
Norris draws particular attention to City of Fort Worth v. Howerton, 236
S.W.2d 615, 618 (Tex. 1951) (where rights have been fixed under a constitutional
provision, the legislature is without power to destroy or impair such rights);
Morton Salt Co. v. Wells, 123 Tex. 151, 70 S.W.2d 409, 410 (1934) (legislature is
without power to add or take away from the conditions set forth by virtue of the
Constitution); and Arnold v. Leonard, 273 S.W. 799, 802 (Tex. 1925) (when
-2-
circumstances are specified under the Constitution for any right to be acquired,
there is an implied prohibition against the legislative power to add or withdraw
from the circumstances specified).
Norris entreats this Court to heed its own highly relevant precedential
promulgations and to thoroughly re-examine this clear, constitutional issue before
it is scrutinized by the higher federal courts. See ISSUE TWO, Norris' Petition for
Review (Redrafted).
II. BLACK'S LAW DICTIONARY AND OTHERS ARE BEING IGNORED
Black's, Bouvier's, Anderson's, Merriam Webster's and other legal lexicons
patently indicate the phrase "heirs of the body" connotes lineal descendants.
Norris is Bertha Woodard's grandson and one of her lineal descendants. This fact
is unassailable.
In a recent conversation with a practicing attorney, Norris was informed
Black's lexicon is never ignored. It is the 'gold standard' of legal lexicons. Norris
questions why is it being ignored by this Court?
Norris recently began writing to the editors-in-chief of Blacks and others
for some answers. He indicated to them their legal definition of said phrase is
inexplicably being ignored by the Texas courts, sent them a copy of his Petition for
Review, and requested assistance.
-3-
It would be an embarrassment to this Court to have reputable legal
lexicographers officially agree with the arguments of Norris, a pro se litigant,
rather than this Court's 'default' position of denial. It should be noted, the cited
lexicons in Norris' Petition for Review are in unison concerning the definition of
said phrase (emphasis added). Norris entreats this Court to thoroughly re-examine
said phrase as it pertains to this case. See ISSUE TWO, Sections I, II, and
Appendix D ofNorris' Petition for Review (Redrafted).
III. CORPUS JURIS SECUNDUM IS BEING IGNORED
Thomson ReutersTM Corpus Juris Secundum, a very well respected, case law
based legal encyclopedia (tome), explicitly indicates the technical legal phrase
"heirs of the body" connotes lineal descendants and is in unison with the
aforementioned lexicons on this issue. Norris questions why is it being ignored by
this Court?
Norris recently wrote to the editor-in-chief of said publication for some
answers and assistance. It would be an embarrassment to this Court for a
WestLaw™ publication to officially agree with the arguments of Norris, a pro se
litigant, rather than this Court's 'default' position of denial concerning said
technical legal phrase.
-4-
Norris entreats this Court to refer to volume 26B C.J.S. Descent and
Distribution § 23 (2001) (pg. 322) to re-examine said phrase as it pertains to this
case. See Norris' Petition for Review, Appendix D5.
IV. UNIVERSITY LAW PROFESSORS ARE BEING CONSULTED
To further explore the question why Black's and other lexicons, as well as
C.J.S., are being ignored by this Court and to shine some light on this issue, Norris
recently began writing a plethora of university law professors for some answers
and assistance. Norris posits many of them will reference the very same material
and case law cited in his Petition for Review in response to his inquiries and come
to the same unequivocal conclusion - "heirs of the body" connotes lineal
descendants and thus Norris has 'standing' to bring suit.
It would be an embarrassment to this Court to have a plethora of reputable
university law professors agree with the arguments of Norris, a pro se litigant,
rather than this Court's 'default' position of denial. The miscarriages of Justice in
this case are sufficiently salient to attract external attention and scrutiny from
legal scholars. Many of these professors have extensive social media networks, as
well as television, news, and radio connections. The potential is self-explanatory.
This case is newsworthy both locally and nationally. Norris entreats this Court to
thoroughly re-examine his Petition for Review to avoid potential embarrassment.
-5-
V. TIDS COURT IS REWARDING TRIUMPH FOR FRAUD
This Court has shamefully and shockingly rewarded Triumph Hospital's
fraudulent concealment of their homicide through their failure to review this case.
The fact a hospital's fraud can be rewarded and their victim's family can be further
victimized by the Texas court system is astonishing and evil.
An elderly women's death (homicide) at the hands of a grossly negligent
hospital and their fraudulent 'cover up' to avoid culpability that is effectively
'rewarded' by the Texas court system through inaction and denial is truly
newsworthy.
This issue really needs no further explanation. If this Court bothered to read
Appendix C (GENUINE FACTS OF FRAUDULENT CONCEALMENT) of
Norris' Petition for Review and was not sufficiently horrified to at least give this
case a proper examination by granting a review, then this is a waste of time and the
people reviewing this case are truly inhuman.
Norris entreats this Court to thoroughly re-examine this case properly before
it reaches the federal courts and before various legal professors, pundits,
lexicographers, and media get wind of this odious miscarriage of Justice.
CONCLUSION AND PRAYER
Triumph Hospital's gross negligence killed Bertha Woodard. They
circumnavigated (obstructed) the law through fraudulent concealment, rendered
Sections §71.004 and §71.021, TEX. CIV. PRAC. REM. CODE a nullity, and
contravened the Legislature's manifest purpose of said medical malpractice
statutes. This Court has given them a "green" light to repeat these kinds of
atrocities with impunity by denying Norris' Petition for Review.
Norris requests this Court reconsider its decision denying his Petition for
Review, reverse the appellate court's judgment, and remand this case to the trial
court for further proceedings and discovery, so the merits, substance, and facts of
this fraudulently hindered case shall see the light of day in a full hearing, in the
interests of justice, and so that Bertha Woodard will have her personal injuries
and wrongful death properly examined.
Respectfully submitted,
Eric W. Norris
Petitioner Pro Se
-7-
CERTIFICATE OF SERVICE
I certify a true and correct copy of the foregoing document has been served via
certified mail on the following counsel of record in accordance with Rule 9.5 of the
Texas Rules of Appellate Procedure on May 26, 2015.
Brennig & Associates, P.C.
Charles C. Brennig III
Richard M. Schreiber
1700 Post Oak Blvd.
2 Blvd. Place, Suite 600
Houston, TX 77056
Phone: (713) 622-5900
Fax: (713 622-5910
ATTORNEY FOR RESPONDENT
TRIUMPH HOSPITAL OF EAST HOUSTON, L.P.
Eric W. Norris, ProSe
-8-