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BATTAGLIA v. ALEXANDER

No. 14-00-00428-CV.

93 S.W.3d 132 (2002)

Carl J. BATTAGLIA, M.D., P.A. and Tommy A. Polk, M.D., P.A., Appellants, v. Lisa Jones ALEXANDER, Individually and As Natural Representative of the Estate of Mark G. Alexander, Deceased, and James Alexander, Individually, and Ruby Alexander, Individually, Appellees.

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

Rehearing Overruled September 19, 2002.

Attorney(s) appearing for the Case

Jack G. Carnegie, Houston, for appellants.

Jim M. Perdue, Kevin Dubose, Houston, for appellees.

Panel consists of Justices ANDERSON, HUDSON, and FROST.

OPINION

KEM THOMPSON FROST, Justice.

In this wrongful death case arising from anesthesia malpractice, appellants Carl J. Battaglia, M.D., P.A. and Tommy A. Polk, M.D., P.A. (collectively, the "Professional Associations") assert that they owed decedent Mark G. Alexander no duty, that there was no evidence of their negligence, and that there was no evidence and no adequate legal basis to support the vicarious-liability theories against them based on the acts...

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