CANTU v. PEACHER

No. 04-00-00279-CV.

53 S.W.3d 5 (2001)

Minerva CANTU and Raul Cantu, Appellants, v. Jorge F. PEACHER, M.D., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled April 23, 2001.


Attorney(s) appearing for the Case

David M. Adkisson, David M. Adkisson, P.C., San Antonio, for Appellant.

George Brin, Brin & Brin, P.C., San Antonio, Linda C. Breck, Thomas F. Nye, Brin & Brin, P.C., Corpus Christi, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice, KAREN ANGELINI, Justice.


OPINION

PHIL HARDBERGER, Chief Justice.

This medical malpractice case, which terminated at the trial level by summary judgment in favor of the physician, involves the issue of the legal effect of variations between the deposition testimony and the affidavit testimony of the same witness. There are two lines of cases: one holds that the conflicting inferences from the deposition and the affidavit create a fact issue that will defeat a motion for summary judgment...

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