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SMART v. WINSLOW

No. 07-92-0112-CV.

868 S.W.2d 409 (1993)

Don M. SMART, Appellant, v. Richard L. WINSLOW, M.D., Appellee.

Court of Appeals of Texas, Amarillo.

December 31, 1993.

Attorney(s) appearing for the Case

Law Offices of Windle Turley (David R. Weiner), Dallas, for appellant.

Gwinn & Roby, Charles G. Bell and M. Steve Nagle, Dallas, for appellee.

Before REYNOLDS, C.J., and BOYD and POFF, JJ.

REYNOLDS, Chief Judge.

Aggrieved by the instructed verdict rendered in his medical malpractice action against Dr. Richard L. Winslow, Don M. Smart contends with nine points of error that the trial court erred in excluding all the testimony and quashing the depositions of his designated expert witnesses and instructing a verdict for Winslow. Agreeing that the instructed verdict for abuse of discovery was extreme, we will reverse the judgment and remand the cause.<...

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