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HOOD v. PHILLIPS

No. B-6113.

554 S.W.2d 160 (1977)

Shelton D. HOOD, Petitioner, v. Dr. John R. PHILLIPS, Respondent.

Supreme Court of Texas.

Rehearing Denied July 27, 1977.

Attorney(s) appearing for the Case

John H. Holloway, Houston, for petitioner.

Hoover, Cox & Miller, Howard S. Hoover, Houston, Fulbright & Jaworski, W. N. Arnold, Jr. and Sandra Foster, Houston, for respondent.

SAM D. JOHNSON, Justice.

Seeking both actual and exemplary damages, Shelton Hood1 sued Dr. John R. Phillips alleging he suffered injuries from surgery which was not a medically accepted method of treatment for emphysema. The trial court rendered judgment for Dr. Phillips after the jury refused to find he was guilty of gross negligence. Contending that the trial court should have submitted to...

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