Legal Opinion

Smart v. Winslow

Texas Court of Appeals, 7th District (Amarillo)

Decided December 31, 1993No. 07-92-0112-CVPublishedCited by 7 opinions

1Opinion of the Court

REYNOLDS, Chief Judge.

Aggrieved by the instructed verdict rendered in his medical malpractice action against Dr. Richard L. Winslow, Don M. Smart contends with nine points of error that the trial court erred in excluding all the testimony and quashing the depositions of his designated expert witnesses and instructing a verdict for Winslow. Agreeing that the instructed verdict for abuse of discovery was extreme, we will reverse the judgment and remand the cause.

BACKGROUND

Underlying this appeal is a medical negligence action in which Smart, who is both an attorney and a medical doctor of the…

2Cases cited18 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  3. TransAmerican Natural Gas Corp. v. PowellTexas Supreme Court · 1991
  4. Chrysler Corp. v. Honorable Robert BlackmonTexas Supreme Court · 1992
  5. Alvarado v. Farah Manufacturing Co.Texas Supreme Court · 1992

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3Cited by7 opinions

  1. Patton v. Saint Joseph's HospitalCourt of Appeals of Texas · 1994
  2. Revco, D.S., Inc. v. Cooper, Texas Court of Appeals, 8th District (El Paso)1994
  3. Gonzales v. StateCourt of Appeals of Texas · 1995
  4. Self v. United StatesDistrict Court, N.D. Texas · 2020
  5. Susan Singleton, Independent of the Estate of Anna May Singleton Robinson v. Northwest Texas Healthcare System Inc. D/B/A Northwest Texas Hospital, Roy Castellion, P.T., Antoinette Flanagan, R.N. Opal Lynn Dye, R.N. and Dustin Ho-Gland, PCS, Texas Court of Appeals, 7th District (Amarillo)2006

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