Canton-Carter v. Baylor College of Medicine

Appellantfiled suit against appellee, Dr. Alan Tita, and Dr. Erin L. OBrien for injuries she allegedly sustained as a result of a hysterectomy performed on July 17, 2002. In May 2005, the trial court granted Dr. Titas motion for summary judgment and dismissed with prejudice all of appellants causes of action against Dr. Tita. The trial court eventually signed an order severing appellants causes of action against Dr. Tita from the original lawsuit. On September 14, 2005 appellant filed her notice of non-suit of Dr. OBrien. On September 21, 2005, the trial court signed an order acknowledging appellants non-suit of Dr. OBrien and dismissing appellants suit against Dr. OBrien leaving appellee as the sole defendant in appellants lawsuit. On February 6, 2007 appellee filed a hybrid no-evidence and traditional motion for summary judgment. The trial court granted appellees motion without specifying the grounds. This appeal followed.