The Texas Supreme Court is weighing whether a lawsuit against an assisted living community over a resident’s fall should be considered a premises liability or healthcare liability claim. The decision could determine whether the lawsuit can proceed.
Christine Faber sued Collin Creek Assisted Living Center, based in Plano, TX, in 2015. The lawsuit came following her mother’s death in 2014 from a fall on the sidewalk of DaySpring Senior Living, an assisted living community owned and operated by Collin Creek.
In May 2014, Smith fell from a walker she was sitting backwards on, while being pushed by an employee, when a wheel became stuck in a large crack in the sidewalk. Smith fell and hit her head on the concrete, dying several days later.
Faber sued in June 2015, alleging a lack of supervision and/or training of employees, and a failure to enact rules and regulations to ensure the safe transport of residents. She also accused the community of failing to provide adequate and timely aid. The suit made claims of premises liability — a property owner’s or operator’s legal responsibility for injuries that occur on a property resulting from a dangerous condition — negligence, negligent hiring and emotional distress.
A trial court granted Collin Creek’s motion to dismiss, agreeing that the case was a healthcare liability claim and that Faber did not meet a deadline to include an expert report as part of the claim. Faber amended the petition to remove any claims of active negligence by the community, leaving only premises liability allegations based on the condition of the sidewalk.
A second trial court again granted Collin Creek’s motion to dismiss, which was affirmed in June 2020 by an appellate court panel. The courts ruled that since the lawsuit was a healthcare liability claim under the Texas Medical Liability Act, Faber was required to file an expert report within 120 days of filing suit — a deadline she missed.
A split appellate court, however, reversed its decision on reconsideration in May 2021, ruling that Faber’s petition was not a healthcare liability claim and did not require an expert report.
Collin Creek filed a petition for review with the Texas Supreme Court, arguing that Faber’s amended suit does not change the nature of the claims. The Supreme Court heard oral arguments last week.
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