AVILA v. ST. LUKE'S LUTHERAN HOSP.

No. 04-95-00773-CV.

948 S.W.2d 841 (1997)

Maria Del Carmen Marquez AVILA a/n/f of Cristina Jimenez, A Minor, Appellant, v. ST. LUKE'S LUTHERAN HOSPITAL and Marilyn Abel, L.V.N., Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled July 23, 1997.

Opinion Concurring on Denial of Rehearing July 23, 1997.

Rehearing Overruled August 6, 1997.


Attorney(s) appearing for the Case

James L. Branton, Carol P. Lomax, Branton & Hall, P.C., San Antonio, for Appellant.

Edward C. Mainz, Jr., Thornton, Summers, Biechlin, Dunham & Brown, L.C., San Antonio, George F. Evans, Jr., Thad D. Spalding, Ball & Weed, P.C., San Antonio, for Appellees.

Before RICKHOFF, LOPEZ and ANTONIO G. CANTU, JJ.


OPINION

ANTONIO G. CANTU, Justice.

This is an appeal from the granting of motions for summary judgment in favor of St. Luke's Lutheran Hospital and Marilyn Abel, L.V.N., defendants below, in a wrongful death action brought by Maria del Carmen Marquez Avila, as next friend, for her daughter Cristina Jimenez, a minor, following the death of Ernesto Jimenez, Sr., the child's biological father.

We reverse...

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