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ST. JOSEPH HOSP. v. WOLFF

No. 99-1192.

94 S.W.3d 513 (2002)

ST. JOSEPH HOSPITAL, Petitioner, v. Stacy Lynn WOLFF, and Ray Wolff and Sandra Wolff, individually, and as next friends of Stacy Lynn Wolff, Respondents.

Supreme Court of Texas.

Delivered November 5, 2002.

Rehearing Denied February 13, 2003.

Attorney(s) appearing for the Case

Reagan Wm. Simpson, Fulbright & Jaworski, Houston, Stephanie A. Smith, Fulbright & Jaworski, Austin, for Petitioner.

Michael Ernest Archuleta, Michelle Mei-Hsue Cheng, Bill Whitehurst, Whitehurst Harkness Ozmun & Archuleta, Pamela Stanton Baron, Austin, for Respondents.

Justice MOSELEY1 delivered the judgment of the Court in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice O'NEILL, and Justice JEFFERSON joined, and an opinion in which Justice HECHT, Justice OWEN, and Justice JEFFERSON joined.

This case involves whether a teaching hospital that sponsors a medical residency program is vicariously liable for a resident's negligent treatment of a patient, occurring while the resident, as...

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