LUNA v. NERING

No. 28493.

426 F.2d 95 (1970)

Jesus LUNA, Plaintiff-Appellant, v. A. Robert NERING and Victor M. Blanco, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 18, 1970.


Attorney(s) appearing for the Case

Bob Hoblit, Warren Burnett, Odessa, Tex., Alejandro Duran, Jr., J. B. Ochoa, Jr., El Paso, Tex., for appellant.

Schuyler B. Marshall, El Paso, Tex., for Victor M. Blanco.

William Duncan, El Paso, Tex., for A. Robert Nering.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.


CLARK, Circuit Judge:

In this diversity based medical malpractice case, the district court directed a verdict for the defendant doctors at the conclusion of plaintiff's proof. Under the stringent proof standards of Texas medical malpractice law the evidence, viewed most favorably to the plaintiff, discloses negligence and informed consent issues on which fair-minded men might reach differing conclusions. We reverse and remand.

The facts are stated most favorably...

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