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BENITZ v. GOULD GROUP

No. 04-99-00576-CV.

27 S.W.3d 109 (2000)

Barbara BENITZ, Individually and on behalf of the Estate of Joseph Weldon Benitz, deceased, Donna Gail Benitz, Brenda Kay Benitz, Robert Lee Benitz, Daniel DeQayne Benitz, Minor Children, and Joseph Edward Benitz, Appellants, v. THE GOULD GROUP and Mitchell Max Dullnig, M.D., Appellees.

Court of Appeals of Texas, San Antonio.

July 5, 2000.

Attorney(s) appearing for the Case

Derek L. Davis, Byrd, Davis & Eisenberg, L.L.P., Austin, for appellants.

Humberto G. Garcia, John D. Mereness, Johnson, Curney, Garcia, Wise & Farmer, P.C., San Antonio, for appellees.

Sitting: CATHERINE STONE, Justice, PAUL W. GREEN, Justice, KAREN ANGELINI, Justice.

OPINION

Opinion by: KAREN ANGELINI, Justice.

FACTUAL AND PROCEDURAL BACKGROUND

Joseph Benitz went to the emergency room on January 7, 1995, complaining of pain in both his shoulders and experiencing elevated blood pressure. He was diagnosed with rotator cuff inflamation and hypertension, prescribed medication to that effect, and sent home. Two days later, Benitz returned to the emergency room, this time complaining of localized pain in his right...

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