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DUNCAN v. HORNING

No. 19918.

587 S.W.2d 471 (1979)

Joyce DUNCAN, Appellant, v. John HORNING, D. D. S., Appellee.

Court of Civil Appeals of Texas, Dallas.

August 7, 1979.

Attorney(s) appearing for the Case

Charles M. Wilson, III, Carter, Jones, Magee, Rudberg, Moss & Mayes, Dallas, for appellant.

John H. Martin, Thompson & Knight, Dallas, for appellee.

Before GUITTARD, C. J., and STOREY and HUMPHREYS, JJ.

STOREY, Justice.

This is an appeal from a summary judgment granted in a dental malpractice suit. The primary question is whether the affidavit of an expert witness who is a party to the suit may constitute sufficient proof to support summary judgment. We hold that it can. We also conclude that plaintiff's controverting affidavits are not sufficient to raise a fact issue; and that her answers to interrogatories may not be used by her to raise a fact question. Accordingly...

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