Iris Gonzalez v. Diversicare Leasing Corp D/B/A Afton Oaks Nursing Care Center A/K/A Afton Oaks Nursing and Rehab Center Diversicare Afton Oaks, LLC.
Iris Gonzalez, an employee at a nursing home, sued her employer, Afton Oaks, for personal injuries sustained after tripping over crates on an employee pathway. The trial court dismissed her lawsuit for failure to file an expert report under the Texas Medical Liability Act, categorizing it as a health care liability claim. Gonzalez appealed, arguing it was an ordinary negligence claim unrelated to health care. The Court of Appeals, relying on a recent decision in Williams v. Riverside General Hospital, Inc., held that a 'garden-variety slip-and-fall claim that is completely untethered from the provision of health care' does not constitute a health care liability safety claim. Therefore, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.