Cortez v. Medical Protective Co. of Ft. Wayne

OPINION

NYE, Chief Justice.

Plaintiff, Dr. Narciso Cortez sued his medical malpractice insurer, Medical Protective Company, alleging that the insurance company had damaged his professional reputation and caused him severe emotional distress because it had settled a malpractice claim without his knowledge or consent. In response to special issues, the jury found that Dr. Cortez did not suffer any damages. Whereupon a judgment was entered in favor of the defendant company. Plaintiff’s sole point of error on appeal is material jury misconduct.

In April 1972, a Jose Gutierrez individually and on…