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SULLIVAN v. METHODIST HOSPITALS OF DALLAS

No. 13-84-357-CV.

699 S.W.2d 265 (1985)

Diana SULLIVAN, Wife and Roger Sullivan, Husband, Appellants, v. METHODIST HOSPITALS OF DALLAS, d/b/a McAllen Methodist Hospital and Alberto Francis, M.D., Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied October 24, 1985.

Attorney(s) appearing for the Case

Donald W. Allee, Edinburg, for appellants.

Lisa Powell, David Hockema, McAllen, William J. McCarthy, Leo C. Salzman, Harlingen, for appellees.

Before KENNEDY, UTTER and SEERDEN, JJ.

OPINION

KENNEDY, Justice.

This is a medical malpractice case. Appellants sued appellees for injuries incurred when a sponge was left in her abdomen following a cesarean section. The jury found appellees not negligent. We reverse and remand.

Appellants, by their first point of error, complain that the trial court erred in denying appellant's special issues concurring res ipsa loquitur.

The application of res ipsa loquitur in...

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