Legal Opinion · Concurrence

Connor v. Waltrip

Texas Court of Appeals, 5th District (Dallas)

Decided April 10, 1990No. 05-89-00954-CVPublished

1ConcurrenceMcCLUNG, Justice

While I agree with the majority that the judgment of the trial court should be affirmed, I feel additional' comment is indicated.

In his affidavit Dr. Waltrip named his qualifications, and stated that he saw Con-nor on two occasions, evaluated him, and made a diagnosis and a recommendation. He stated that he was aware of the standard at the time he saw Connor and that the standard was to proceed in the manner in which he proceeded. He stated that he complied with the standard and caused no injury.

In a similar case, this Court last year considered, and rejected as insufficient, an affidavit…

2Cases cited6 opinions

  1. Tilotta v. Goodall, Texas Court of Appeals, 1st District (Houston)1988
  2. Snow v. BondTexas Supreme Court · 1969
  3. Shook v. HermanCourt of Appeals of Texas · 1988
  4. Rodriguez v. Reeves, Texas Court of Appeals, 13th District1987
  5. Kemp v. Heffelman, Texas Court of Appeals, 1st District (Houston)1986

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