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WELCH v. McLEAN

No. 2-02-237-CV.

191 S.W.3d 147 (2005)

Robert Morrow WELCH, M.D., Appellant v. Simeon Eden McLEAN, Individually and as Heir to the Estate of Delores McLean, Deceased, and Simeon Eden McLean, as Next Friend of Jamila Imari McLean and Imani Zakiya McLean, Minors, Appellees.

Court of Appeals of Texas, Fort Worth.

June 2, 2005.

Attorney(s) appearing for the Case

Cantey & Hanger, L.L.P., and Stephen L. Tatum and Larry Hayes, Fort Worth, for Appellant.

Morgan & Weisbrod, L.L.P., William A. Newman and Les Weisbrod, Dallas, Law Offices of Jenks Garrett, and Jenks Garrett, Weatherford, Law Offices of Deborah Hankinson, Deborah Hankinson and Rick Thompson, Dallas, for Appellees.

PANEL A: CAYCE, C.J.; HOLMAN and GARDNER, JJ.

OPINION ON REHEARING

JOHN CAYCE, Chief Justice.

We withdraw our opinion and judgment of March 25, 2004 and substitute the following in their place. We grant Simeon Eden McLean's motion for rehearing1 and deny his motion for en banc rehearing.

Introduction

In this medical malpractice case, the primary issues we must decide are whether the evidence is legally and factually sufficient to support the jury's verdict...

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