Legal Opinion

Rosenthal v. Blum

Court of Appeals of Texas

Decided October 16, 1975No. 5454PublishedCited by 34 opinions

1Opinion of the Court

HALL, Justice.

The plaintiff alleged in detail that because of a negligent diagnosis of his physical condition by the defendant, his treating physician, he was induced to settle a personal injury claim for substantially less than his true damages. Special exceptions to the plaintiff’s petition to the effect that it failed to state a cause that is actionable in Texas and failed to allege a proper measure of damages were sustained, and the plaintiff refused to amend. His suit was dismissed. We reverse and remand.

The pertinent parts of the plaintiff’s pleadings provide as follows:

II

“The Defendant…

2Cases cited8 opinions

  1. Shatterproof Glass Corporation v. JamesCourt of Appeals of Texas · 1971
  2. Seale v. BakerTexas Supreme Court · 1888
  3. American Indemnity Co. v. Ernst & ErnstCourt of Appeals of Texas · 1937
  4. Yoakum County v. Gaines CountyTexas Supreme Court · 1942
  5. Durham v. Wichita Mill & Elevator Co.Court of Appeals of Texas · 1918

3 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Federal Land Bank Ass'n of Tyler v. SloaneTexas Supreme Court · 1992
  2. D'Ulisse-Cupo v. Board of Directors of Notre Dame High SchoolSupreme Court of Connecticut · 1987
  3. Airborne Freight Corp. v. C.R. Lee Enterprises, Inc., Texas Court of Appeals, 8th District (El Paso)1993
  4. Milestone Properties, Inc. v. Federated Metals Corp.Court of Appeals of Texas · 1994
  5. Great American Mortgage Investors v. Louisville Title Insurance Co.Court of Appeals of Texas · 1980

29 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API