HOUSTON - Litigation alleging employees of The Village Learning Center assaulted an autistic man has settled.
The lawsuit was brought by Alex Lee Denley, who claims while he was riding in a The Village bus when employees assaulted him after he asked one to stop vaping and the other to turn down some profane music that was loudly playing.
Court records show The Village filed a motion to dismiss the suit, claiming the suit was a health care liability claim and that Denley failed to file an expert report – a requirement when filing a medical malpractice lawsuit.
The trial court denied the argument and The Village appealed the ruling.
On Aug. 19, the First Court issued a memorandum opinion stating the parties have filed a motion to dismiss, court records show.
“They (the parties) represent that they have reached an agreement to settle all claims,” the opinion states. “Accordingly, we grant the motion, set aside the trial court’s judgment without regard to the merits, and remand this cause to the trial court for rendition of judgment in accordance with the parties’ agreement.”
In its appellate brief, The Village asserted that it is a type of health care provider under Chapter 74 of the Texas Civil Practice and Remedies Code, which governs med-mals.
“Because The Village is a specifically listed type of health care provider under Chapter 74, and Denley is asserting a cause of action implicating The Village’s departure from the standard of care … Denley was subject to the expert report requirement of Chapter 74,” the brief states.
“It is undisputed Denley failed to serve an expert report, so the trial court abused its discretion when it failed to dismiss Denley’s claims against The Village.”
Denley argued in his brief that The Village has not proven its alleged negligence occurred in the course of its acting or failing to act necessary to comply with safety-related requirements set for health care providers by governmental or accrediting agencies.
The Roberts Markland law firm represented Denley. The Village was represented by the law firm of Miller, Scamardi, Carrabba.
Cause No. 01-25-00056-CV
