Zeke Moya Secures Dismissal for Hospital Client: Appellate Court Confirms Slip-and-Fall Claim Is a Health Care Liability Claim

October 30, 2025 – Thirteenth Court of Appeals Issues Favorable Ruling in Chapter 74 Case

Attorney Zeke Moya of Roerig, Oliveira & Fisher, LLP successfully represented a local hospital in both the trial court and on appeal, securing a full dismissal with prejudice in a slip-and-fall lawsuit after the Thirteenth Court of Appeals ruled the claim constituted a Health Care Liability Claim (HCLC) under Texas law.

Case Overview

The plaintiff, a patient referred for aquatic therapy, alleged she slipped on water in a locker room immediately after completing a therapy session at the hospital. She sued under a premises liability theory, asserting the hospital failed to maintain a safe condition. Zeke Moya, representing the hospital, moved to dismiss the case under Chapter 74 of the Texas Civil Practice & Remedies Code, arguing that the claim was actually a health care liability claim requiring the plaintiff to serve an expert report. The trial court denied the motion—but the appellate court reversed.

Key Findings by the Appellate Court

In its October 30, 2025, opinion, the Court held that the plaintiff’s claim was inextricably linked to the delivery of health care. Applying the Ross v. St. Luke’s framework, the Court emphasized:

• The plaintiff was a patient, not a visitor.

• The locker room was an extension of the therapeutic environment, not a general common area.

• The alleged unsafe condition (a wet floor) was a foreseeable risk inherent to aquatic therapy.

• The hospital’s duties in this context were professional safety standards, not general premises obligations.

  
  

📌 The Court explained:

“The locker room, where patients shower and change after aquatic therapy, is indirectly related to the provision of health care.” — Doctors Hosp. at Renaissance v. Corona, No. 13-25-00360-CV

The result: Dismissal with prejudice and an award of attorneys’ fees and costs to the hospital under § 74.351(b).

Why This Ruling Matters

This decision reinforces that therapy-related claims involving patient care and treatment-specific areas must be evaluated through the lens of Chapter 74. Artful pleading does not control—substance prevails over labels.

For health care providers across Texas, this case underscores the importance of asserting Chapter 74 defenses early, especially when post-treatment areas like therapy pools, showers, or locker rooms are involved.

A Word from Lead Counsel

“It was an honor to defend our client through every stage of this litigation,” said Zeke Moya, who handled the case from pre-suit through final appellate resolution. “The Court’s ruling affirms what we’ve argued from the start—claims tied to patient care, even outside the operating room, fall squarely within the protections of Chapter 74.”