Price v. Hurt

WHITHAM, Justice.

In this medical malpractice case, the appellant-patient, Dayton Wayne Price, appeals from a summary judgment in favor of the appellee-doctor, George E. Hurt, Jr., M.D. The primary question is whether the affidavit of Hurt, an expert witness and the defendant in the suit, constitutes sufficient proof to support summary judgment. We conclude that Hurt’s affidavit does not. Accordingly, we reverse and remand.

The question on appeal, as well as in the trial court, is not whether the summary judgment proof raises fact issues with reference to the essential elements of a plaintiffs…