Legal Opinion
Hardy v. Fleming
Court of Appeals of Texas
Decided June 22, 1977No. 6562PublishedCited by 29 opinions
1Opinion of the Court
OPINION
WARD, Justice.
This is a medical malpractice case where summary judgment was rendered for the Defendant Doctor. Prior to the present suit, the Plaintiff had lost a workmen’s compensation suit which was based on the same heart attack which he now claims was caused by the Doctor’s negligence. The principal question concerns the correctness of the trial Court’s action in sustaining the Defendant’s plea of collateral estoppel where the Defendant asserting the plea was not a party or in privity with a party to the earlier litigation. We affirm.
On August 6, 1971, the Plaintiff, Karl Hardy,…
2Cases cited5 opinions
- Gibbs v. General Motors CorporationTexas Supreme Court · 1970
- Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
- Benson v. Wanda Petroleum CompanyTexas Supreme Court · 1971
- Kirby Lumber Corp. v. Southern Lumber Co.Texas Supreme Court · 1946
- Seguros Tepeyac, S. A., Compania Mexicana De Seguros Generales v. James L. JerniganCourt of Appeals for the Fifth Circuit · 1969
3Cited by29 opinions
- Eagle Properties, Ltd. v. ScharbauerTexas Supreme Court · 1991
- Joe Reimer v. John Smith, Individually and in His Capacity as an Officer of Texas RangersCourt of Appeals for the Fifth Circuit · 1981
- Puga v. Donna Fruit Co., Inc.Texas Supreme Court · 1982
- Olivarez v. Broadway Hardware, Inc.Court of Appeals of Texas · 1978
- Hardy v. Johns-Manville Sales Corp.District Court, E.D. Texas · 1981
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