Per CaseMaker® Digest:

Delay in filing certificate of merit was minimal and for good cause as it did not result in any kind of suffering or any prejudice to the appellant.

WCM Group, Inc. v. Brown

Texas 13th Court of Appeals

November 19, 2009

Docket number:  13-08-00305-CV

Judge:  Gina M. Benavides

An employee of a hazardous waste disposal facility died due to exposure to hydrogen sulfide gas. After the litigation against the facility was settled, the appellee sued the appellant engineering firm on behalf of the deceased and his minor children, eighteen days before the statute of limitations would expire, for negligence and gross negligence in providing goods and services to the facility that allegedly allowed the release of the deadly gas. The appellant moved for dismissal on the basis that the appellee had failed to file the certificate of merit with its original petition. The trial court dismissed the appellant’s motion and granted an extended time to file the certificate of merit to the appellee for good cause. The appellate court found that the appellee was unable to file certificate of merit as the firm’s expert had a family emergency. The court also determined that the certificate of merit was filed within two months after filing their suit, which was a little over two weeks after being notified of the defect. Holding that, the delay in filing was minimal and was for good cause under Texas Civil Practice & Remedies Code Annotated section 150.002(b), as it did not resulted in any kind of suffering or any prejudice to the appellant, the court affirmed the trial court’s decision.