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UPTON v. BAYLOR COLLEGE OF MEDICINE

No. 01-89-00777-CV.

811 S.W.2d 168 (1991)

John H. UPTON, Jr., a minor, by and through his mother and next friend, Bernice UPTON, Appellant, v. BAYLOR COLLEGE OF MEDICINE and Peter Kellaway, Ph.D., Appellees.

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

Rehearing Overruled June 13, 1991.

Attorney(s) appearing for the Case

Robert Ballard, Grant Kaiser, Houston, for appellant.

Charles D. Boston, Doreen Z. Bartlett, Roger Townsend, & Madelyn DeWoody, Houston, for appellees.

Before DUGGAN, COHEN and PRICE JJ.

OPINION

DUGGAN, Justice.

This is an appeal from an instructed verdict in a medical malpractice case. Appellant, John H. Upton, Jr., a minor, by and through his mother and next friend, Bernice Upton ("the Uptons"), brought suit against Dr. Robert Zeller, Dr. Mario Sertich, and the appellees, Peter Kellaway, Ph.D., an electrocorticographer, and Baylor College of Medicine, Dr. Kellaway's employer, for negligent medical treatment of the minor plaintiff in two...

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