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GARZA v. KEILLOR

No. 17695.

623 S.W.2d 669 (1981)

Marcos GARZA and Wife, Estella Garza, Individually and as next friend of their Son, Marcos Garza, Jr., Appellants, v. Dr. Herman J. KEILLOR and Dr. Martin V. Atchison, Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied July 2, 1981.

Attorney(s) appearing for the Case

Joseph R. Preston, Mission, for appellants.

Gary Gurwitz, John Lewis, McAllen, for appellees.

Before COLEMAN, C. J., and SMITH and PEDEN, JJ.

SMITH, Justice.

This is a medical malpractice suit in which Marcos Garza and his wife, Estella Garza, on behalf of themselves and their son, Marcos Garza, Jr., appellants, brought suit for malpractice against Dr. Herman J. Keillor and Dr. Martin V. Atchison, appellees. The trial court granted an instructed verdict in favor of the appellees.

On May 13, 1975, Marcos Garza, Jr., age 12, fell from a tree and sustained a compound fracture of his right forearm....

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