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PRATHO v. ZAPATA

No. 2-03-051-CV.

157 S.W.3d 832 (2005)

Scott Mason PRATHO, M.D., Appellant and Appellee, v. Lupe ZAPATA, Individually and as Next friend for Sabrina Zapata and Gregory Zapata, and as Heir or Representative of the Estate of Reynaldo Zapata, Deceased, Appellee and Appellant.

Court of Appeals of Texas, Fort Worth.

February 3, 2005.

Attorney(s) appearing for the Case

Cook & Roach, L.L.P., Robert M. Roach Jr., Robert B. Dubose, and Sean R. Cox, Houston, for Appellant Appellant & Appellee.

Morgan & Weisbrod, L.L.P., Les Weisbrod, and William A. Newman, Dallas, for Appellee & Appellant.

Panel A: CAYCE, C.J.; WALKER and McCOY, JJ.

OPINION

BOB McCOY, Justice.

Appellant Scott Mason Pratho, M.D. appeals from a judgment rendered on a jury verdict awarding damages to the survivors of his deceased patient, Reynaldo Zapata, after Dr. Pratho failed to diagnose and treat Zapata's heart condition. Lupe Zapata also appeals the trial court's judgment notwithstanding the verdict invalidating the jury's award of damages for pain and suffering sustained by Zapata before his death. Because we hold...

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