Traut v. Beaty

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.