Legal Opinion · Dissent

Paul C. Edwards v. United States

Court of Appeals for the Fifth Circuit

Decided September 17, 1975No. 74-2922Published

1DissentJohn R. Brown, Chief Judge

While the opinion of this Court cannot cure the grievous physical infirmities of the plaintiff, I regret that we do not take this opportunity to remedy the troika of legal infirmities suffered by the trial court’s opinion.

Infirmity No. 1

The Necrosis Of The Locality Rule In Texas

The trial court apparently attempted to resurrect the dying doctrine that a doctor’s negligence must be established by the testimony of a doctor familiar with the community of treatment standards of medical practice.1 I believe that such strict adherence by the trial court to what has been termed the Locality Rule…

2Cases cited28 opinions

  1. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
  2. Logue v. United StatesSupreme Court of the United States · 1973
  3. Nazareth Gates, and United States of America, Plaintiff-Intervenor-Appellee v. John Collier, Superintendent, Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1974
  4. Bowles v. BourdonTexas Supreme Court · 1949
  5. Hart v. Van ZandtTexas Supreme Court · 1965

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