ROSENTHAL v. BLUM

No. 5454.

529 S.W.2d 102 (1975)

Ben H. ROSENTHAL, Jr., Appellant, v. Jerald L. BLUM, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 6, 1975.


Attorney(s) appearing for the Case

Fanning & Harper, Dallas, for appellant.

Thompson, Knight, Simmons & Bullion (Gregory S. C. Huffman), Dallas, for appellee.


HALL, Justice.

The plaintiff alleged in detail that because of a negligent diagnosis of his physical condition by the defendant, his treating physician, he was induced to settle a personal injury claim for substantially less than his true damages. Special exceptions to the plaintiff's petition to the effect that it failed to state a cause that is actionable in Texas and failed to allege a proper measure of damages were sustained, and the plaintiff refused to amend...

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