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JACOBO v. BINUR

No. 10-00-322-CV.

70 S.W.3d 330 (2002)

Donna JACOBO, Appellant, v. Nir S. BINUR, M.D., Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled March 20, 2002.

Attorney(s) appearing for the Case

Paul F. Waldner, Vickery & Waldner, L.L.P., Houston, for appellant.

Jo Ben Whittenburg, Gilbert I. Low and Greg C. Wilkins, Orgain, Bell & Tucker, L.L.P., Beaumont, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

VANCE, Justice.

This is a medical malpractice case. Donna Jacobo sued Dr. Nir S. Binur claiming that he failed to obtain her informed consent for a surgical procedure. The case went to trial, which resulted in a hung jury. The trial court declared a mistrial. Binur then moved for summary judgment, which the court granted. Jacobo brings this appeal complaining that the court erred in granting summary judgment. We will reverse.

FACTUAL AND...

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