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NIEMANN v. REFUGIO COUNTY MEMORIAL HOSP.

No. 13-91-597-CV.

855 S.W.2d 94 (1993)

Judy NIEMANN, Individually and as Executrix of the Estate of Travis Dan Niemann, Deceased and as Next Friend of Stacy Michelle Niemann, Henry Niemann and Bertha Niemann, Travis Niemann, Jr., and Rebekah Niemann, Appellants, v. REFUGIO COUNTY MEMORIAL HOSPITAL, Appellee.

Court of Appeals of Texas, Corpus Christi.

May 6, 1993.

Attorney(s) appearing for the Case

Mark Stewart, O. Paul Dunagan, Fort Worth, for appellants.

Ruth Russell Schafer, Peter R. Meeker, Davis & Davis, Austin, for appellee.

Before NYE, C.J., and GILBERTO HINOJOSA and KENNEDY, JJ.

OPINION

GILBERTO HINOJOSA, Justice.

The Niemanns appeal from the trial court's grant of a take-nothing summary judgment in favor of Refugio County Memorial Hospital and its administrator at the time, Bruce Giessel. The Niemanns claim that the hospital and Giessel negligently mishandled Travis Niemann's x-rays causing him a loss of a chance of survival. The Niemanns contend that the trial court erred in granting the summary judgment because material issues...

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