ZAPATA v. CHILDREN'S CLINIC

No. 13-98-200-CV.

997 S.W.2d 745 (1999)

Enedina ZAPATA, Individually and as Representative of the Estate of Aaron Joseph Lozano, Deceased Minor Child, and Oscar Lozano, Appellants, v. THE CHILDREN'S CLINIC, Tom McNeil, M.D., and Joseph Oshman, M.D., Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled August 26, 1999.


Attorney(s) appearing for the Case

Raul Garcia, Falfurrias, Cage Wavell, Corpus Christi, for appellants.

Richard C. Woolsey, Carlos Villarreal, Barger, Hermansen, McKibben & Villarreal, Corpus Christi, for appellees.

Before Justices DORSEY, HINOJOSA, and RODRIGUEZ.


OPINION

Opinion by Justice RODRIGUEZ.

Appellants, Enedina Zapata and Oscar Lozano ("Zapata"), appeal the granting of a "no-evidence summary judgment" in favor of The Children's Clinic, Dr. Tom McNeil, and Dr. Joseph Oshman (the "Clinic"). Zapata brought suit against the Clinic alleging negligence and wrongful death in the treatment of their five month old son, Aaron Lozano, who died while under the Clinic's care. The Clinic filed a motion for summary judgment...

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