JACKSON v. TAYLOR

No. 89-6096.

912 F.2d 795 (1990)

Lois JACKSON and Ronald Jackson, Plaintiffs-Appellants v. James G. TAYLOR, M.D., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 24, 1990.


Attorney(s) appearing for the Case

Mark Douglas Herbert, Sullins, Johnston, Rohrbach & Magers, Houston, Tex., for plaintiffs-appellants.

Forrest G. Braselton, Nacogdoches, Tex., for defendant-appellee.

Before GEE, POLITZ and BARKSDALE, Circuit Judges.


GEE, Circuit Judge:

This is a medical malpractice case founded on diversity, governed by Texas substantive law, and presenting two issues. The first issue is whether the trial court abused its discretion by denying plaintiffs' motion for a new trial when the jury, after finding the defendant liable, disregarded the objective and uncontroverted evidence by awarding plaintiff no recovery for certain elements of damages. The second issue is whether the trial court abused...

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