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ECKERT v. SMITH

No. 9031.

589 S.W.2d 533 (1979)

Peter ECKERT, Individually and on behalf of Randall Eckert, a Minor v. Dr. Sidney SMITH.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied November 21, 1979.

Attorney(s) appearing for the Case

Windle Turley and Larry Hayes, Law Offices of Windle Turley, Dallas, for appellant.

Thompson & Knight, David S. Kidder and Jerry Grissom, Dallas, for appellee.

DODSON, Justice.

Peter Eckert, individually and on behalf of his minor son, Randal Eckert, brought this action for damages against Dr. Sidney Smith, M.D. He alleged inter alia that Dr. Smith negligently diagnosed and treated Beverly Eckert and that such negligence was a proximate cause of her death. Mrs. Eckert was the wife of Peter and the mother of Randal Eckert. The case was tried with a jury. The jury refused to find Dr.

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