Hogue v. Propath Laboratory, Inc.

OPINION

ANNE GARDNER, Justice.

I. Introduction

Appellants Donald Hogue and Elta Ho-gue sued ProPath Laboratory, Inc. and ProPath Services, L.L.C. after a pathologist employed by ProPath Services allegedly failed to detect the presence of melanoma in a lesion removed from Donald Hogue’s skin and submitted to ProPath Services for analysis. The trial court granted partial summary judgment in favor of the ProPath entities on the Hogues’ claims for negligence, negligent misrepresentation, and deceptive trade practices. The Hogues’ breach of implied warranty claim proceeded to trial, but at the close…