Rosenthal v. Blum
Court of Appeals of Texas
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
- Shatterproof Glass Corporation v. JamesCourt of Appeals of Texas · 1971
- Seale v. BakerTexas Supreme Court · 1888
- American Indemnity Co. v. Ernst & ErnstCourt of Appeals of Texas · 1937
- Yoakum County v. Gaines CountyTexas Supreme Court · 1942
- 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
- Federal Land Bank Ass'n of Tyler v. SloaneTexas Supreme Court · 1992
- D'Ulisse-Cupo v. Board of Directors of Notre Dame High SchoolSupreme Court of Connecticut · 1987
- Airborne Freight Corp. v. C.R. Lee Enterprises, Inc., Texas Court of Appeals, 8th District (El Paso)1993
- Milestone Properties, Inc. v. Federated Metals Corp.Court of Appeals of Texas · 1994
- 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.