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HERNANDEZ v. LUKEFAHR

No. C14-93-00336-CV.

879 S.W.2d 137 (1994)

Rey HERNANDEZ, Sr., and Lucy Hernandez, Individually, and as Heirs at Law of the Estate of Rey Hernandez, Jr., Deceased, Connie Viscaino, Daniel Viscaino, Elvera Hernandez, and Evelyn Lopez, Appellants, v. Dr. James L. LUKEFAHR, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

May 5, 1994.

Attorney(s) appearing for the Case

James B. Manley, Houston, for appellants.

John C. Marshall, Deborah L. Novick, Houston, for appellee.

Before ROBERTSON, CANNON and DRAUGHN, JJ.

OPINION

ROBERTSON, Justice.

This appeal comes to us from the trial court's granting summary judgment in a suit filed alleging medical malpractice in the death of a two-month old infant. Appellee based his motion for summary judgment on the affirmative defense of the good samaritan statute at section 74.001(b)(3) of the Texas Civil Practice and Remedies Code. Appellants bring three points of error on appeal, two of which assert the existence of a fact question...

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