Dobbins v. Gardner

COLEMAN, Justice.

This is a damage suit. The principal question to be discussed concerns the effect of conflicting answers made by the jury to the special issues submitted.

In answer to Special Issues 1 and 2 the jury found that a gauze pack was left in appellant’s vagina and that this constituted negligence on the part of appellee.

Special Issues 3, 6 and 7, and the answers returned by the jury, follow:

Special Issue No. 3

Do you find from a preponderance of the evidence that such negligence, if any you have so found, was a proximate cause of any damage or harm to the physical structure of the…