The University of Texas Health Science Center at San Antonio v. Kenneth Ripley, Individually and as Representative of the Estate of Frederick Ripley, Deceased; Frederick H. Ripley, II and Alma Y. Ripley--Appeal from 45th Judicial District Court of Bexar County

CONCURRING OPINION
No. 04-06-00307-CV
UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO,
Appellant
v.
Kenneth RIPLEY, Individually and as Representative of
the Estate of Frederick Ripley, Deceased; Frederick H. Ripley, II, and Alma Y. Ripley,
Appellees
From the 44th Judicial District Court, Bexar County, Texas
Trial Court No. 2005-ci-10014
Honorable Johnny D. Gabriel, Jr., Judge Presiding

Opinion by: Phylis J. Speedlin, Justice

Concurring opinion by: Rebecca Simmons, Justice, joined by Karen Angelini, Justice

 

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice, concurring in judgment

 

Delivered and Filed: June 20, 2007

Because the UTHSC-SA was served with a copy of the expert report during the federal litigation, it had the necessary information from which to determine whether Ripley's claim was frivolous. I would not address the other issues discussed in the majority opinion, and therefore, respectfully concur in the judgment only.

 

Rebecca Simmons, Justice