Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Nancy Traut appeals from a summary judgment granted in favor of William Beaty, M.D. Traut sued Beaty, *fn1 alleging negligence and negligence based on res ipsa loquitur when part of a wire, about one centimeter long, was left in Traut’s left breast after Beaty performed a hook-wire needle localization procedure on her. *fn2 Sometime later, Beaty filed a motion for sanctions under Tex. Rev. Civ. Stat. Ann. art. 4590i, � 13.01 (Vernon Supp. 2002), contending that Traut failed to file the expert report required by the statute. The trial court ordered Traut’s cause of action for negligence dismissed with prejudice and ordered Traut to produce an expert report within 120 days.

After the period specified in the trial court’s order expired, Beaty filed a motion for summary judgment, a supplemental motion for summary judgment, and a new motion for sanctions. In his summary judgment motions, Beaty contended res ipsa loquitur was inapplicable as a matter of law. He also contended there was no evidence that his negligence caused Traut’s injury. In his motion for sanctions, Beaty contended Traut failed to provide the expert report the trial court had previously ordered.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.

Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.

Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Enterprise Applications Engineer

COLE SCHOTZ P.C.ENTERPRISE APPICATIONS ENGINEER: NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations...

Apply Now ›

Litigation Paralegal

COLE SCHOTZ P.C.LITIGATION PARALEGAL - NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations seeks ...

Apply Now ›

Trusts and Estates Associate Milford, CT

The Law Offices of Charles L. Kurmay seeks an associate attorney. While we have locations in Milford, and Madison, CT, and a presence in the...

Apply Now ›



Lawyers of Distinction would like to announce...

View Announcement ›



It is our privilege & honor to announce the addition of Steven H. Cohen, Patricia Z. Boguslawski, Evan D. Baker & Kelly A. Conlon as new partners of DAVIS, SAPERSTEIN & SALOMON, P.C.

View Announcement ›



FERRO LABELLA & WEISS LLC would like to announce that....

View Announcement ›