Axelrad v. Jackson

In determining the legal sufficiency of a doctor’s assertion of his patient’s contributory negligence, the Texas Supreme Court has asked whether, ignoring all evidence to the contrary, some evidence indicated the patient may have been contributorily negligent. See Elbaor v. Smith, 845 S.W.2d 240, 243 (Tex.1992) (stating that “[t]o determine whether legally sufficient evidence supported [a] contributory negligence submission, we must examine the record for evidence supporting [the] question and ignore all evidence to the contrary ..-. [i]f we find some evidence indicating that [the patient]…