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BOTTOMS v. SMITH

No. 14-95-00276-CV.

923 S.W.2d 247 (1996)

Kenneth E. BOTTOMS, individually and as Personal Representative of the Estate of Sammie R. Bottoms, and Karen Stephens, Cathy Bottoms Stimmel, Lisa A. Thompson, Appellants, v. Charles E. SMITH, M.D. and Kelsey-Seybold Clinic, P.A., Appellees.

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

Rehearing Overruled June 27, 1996.

Attorney(s) appearing for the Case

Robert K. Schaffer, Houston, for appellants.

H. Kent Twining, Houston, M. Karinne McCullough, Houston, for appellants.

Before YATES and O'NEILL, JJ., and DRAUGHN, J. (sitting by assignment.)

OPINION

O'NEILL, Justice.

This is an appeal from a summary judgment in favor of appellees in a medical malpractice action. In one point of error, appellants argue that summary judgment was improvidently granted because there exist genuine issues of material fact. We reverse and remand for a trial on the merits.

I. Background

On June 16, 1986, Sammie R. Bottoms, the decedent, underwent an out-patient colonoscopy to the cecum, which included...

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