Henson v. Tom

DAVIS, Justice.

The opinion handed down in this case on September 28, 1971, is withdrawn and the following is substituted in lieu thereof.

This is an alleged malpractice law suit. The parties will be referred to as they were in the Trial Court. Plaintiff, William Henson, sued Defendant, Dr. Calvin Tom, in the District Court at Mt. Vernon, Franklin County, Texas, seeking damages for alleged malpractice against the Defendant, as a result of treatment of a con-dylar “T” fracture of Plaintiff’s left distal humerus which he received on July 3, 1967 while in the process of loading pulpwood on a…