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TEXAS MUT. INS. CO. v. LERMA

No. 04-03-00615-CV.

143 S.W.3d 172 (2004)

TEXAS MUTUAL INSURANCE COMPANY f/k/a Texas Workers' Compensation Insurance Fund, Appellant v. Crescencio A. LERMA, deceased and Elma Lerma, beneficiary, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled August 9, 2004.

Attorney(s) appearing for the Case

Linda C. Breck, Thomas F. Nye, Brin & Brin, P.C., Corpus Christi, for Appellant.

Armando G. Barrera, Barrera & Barrera Law Firm, Alice, TX, for Appellee.

Sitting: CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.

OPINION

CATHERINE STONE, Justice.

Cresencio Lerma died on July 27, 1999. A jury found that Lerma sustained a minor cut to his arm on May 13, 1999, which was the producing cause of his death. Appellant, Texas Mutual Insurance Company ("Texas Mutual"), claims the trial court abused its discretion in admitting the testimony of Lerma's expert witness, arguing that the expert's testimony failed to establish causation and was unreliable. We agree and reverse the...

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