Georgianna Jacoby v. Auxiliary to Baylor Medical Center - Ellis County at Waxahachie ( 2001 )

Georgianna Jacoby v. Auxiliary to Baylor Medical Center - Ellis County at Waxahachie

  IN THE

TENTH COURT OF APPEALS

No. 10-99-233-CV

     GEORGIANNA JACOBY,

                                                                         Appellant

     v.

     AUXILIARY TO BAYLOR MEDICAL CENTER

     - ELLIS COUNTY AT WAXAHACHIE,

                                                                         Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 57907

DISSENTING OPINION

      In evaluating summary judgment evidence, we must “accept all evidence favorable to the non-movant as true, indulging every reasonable inference and resolving all doubts in favor of the non-movant.” Wornick Co. v. Casas, 856 S.W.2d 732, 733 (Tex. 1993); see also Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217, 223 (Tex. 1999).

      From the statements made to Jacoby, by representatives of the hospital, a jury could infer that those representatives intended to induce her to delay filing suit until the limitations period had passed. In holding otherwise, the majority ignores the established rules by which we review summary judgments. See Wornick Co., 856 S.W.2d at 733.

      I would reverse the summary judgment and remand the cause for a trial on the merits. Because the majority does not, I respectfully dissent.

                                                                         BILL VANCE

                                                                         Justice

Dissenting opinion delivered and filed March 14, 2001

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