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GENERAL ACC. FIRE & LIFE ASSUR. CORP., LTD. v. REINA

No. 20124.

597 S.W.2d 10 (1980)

GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORP., LTD., Appellant, v. Mary REINA, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 14, 1980.

Attorney(s) appearing for the Case

Charles L. Babcock, Jackson, Walker, Winstead, Cantwell & Miller, Dallas, for appellant.

Ronald R. Waldie, Dallas, for appellee.

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

AKIN, Justice.

General Accident Fire and Life Assurance Corp., Ltd., a workers' compensation carrier, appeals from a judgment awarding plaintiff $28,000 upon a jury finding of total and permanent incapacity. We hold that there was no evidence to support the submission of an issue on total and permanent incapacity. We also hold that the trial judge erred in excluding certain deposition testimony of plaintiff's physician tendered by the insurance carrier as cross-examination...

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