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HARDY v. FLEMING

No. 6562.

553 S.W.2d 790 (1977)

Karl HARDY, Appellant, v. Dr. B. K. FLEMING, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied July 20, 1977.

Attorney(s) appearing for the Case

Miller, Gann & Perdue, Jim M. Perdue, Andrew L. Todesco, J. Richard Cheney, Houston, for appellant.

Bailey, Williams, Westfall, Lee & Fowler, James A. Williams, William Dixon Wiles, Dallas, for appellee.

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...

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