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Jones v. Masters5/4/2000
pellee Masters, we conclude that summary judgment was properly granted on that cause of action because the record shows that Appellant failed to file an expert report to support his action in compliance with article 4590i. See TEX. REV. CIV. STAT. ANN. art. 4590i, § 13.01(a)(3) (Vernon Supp. 2000). Section 13.01(e) of article 4590i provides that if a claimant fails to file an expert report to support a claim against a physician, the court may, inter alia, dismiss the claimant's action with prejudice. See id. at § 13.01(e). Finally, to the extent that Appellant alleged a cause of action against Appellee McKinney based upon negligence, we likewise conclude that summary judgment was properly granted. Appellant's medical records and the records of the grievances filed by Appellant, attached to Appellees' motion for summary judgment, affirmatively refute Appellant's allegation that Appellee McKinney breached any duty owed by her to Appellant to provide a meaningful review and thorough investigation of Appellant's complaints relating to the refusal of prison medical personnel to refer him to a specialist for additional medical treatment. See McCord v. Maggio, 910 F.2d 1248, 1251 (5 th Cir. 1990). We overrule Appellant's first point of error.
Because of our disposition of Appellant's first point of error, we need not address his remaining point of error. See State Farm Fire & Casualty Co., 858 S.W.2d at 380.
The judgment is affirmed.
Judgment rendered and Opinion filed May 4, 2000.
Do Not Publish -- TEX. R. APP. P. 47.3(b).
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