Goodnight v. Phillips

DAVIS, Justice.

The opinion handed down in this case on June 27, 1967, is withdrawn and the following submitted in lieu thereof.

NATURE OF THE CASE

A medical malpractice case. Plaintiff-appellant, Chester G. Goodnight, sued defendant-appellee, Dr. John R. Phillips, for damages alleged as the result of a hernia operation. Judgment was entered for appellee. Appellant has perfected his appeal and brings forward 24 points of error.

There are 6 volumes of the statement of facts and exhibits of the original trial and one volume of statement of facts on the motion for new trial. Counsel for appellant…