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HOGUE v. PROPATH LABORATORY, INC.

No. 2-04-376-CV.

192 S.W.3d 641 (2006)

Donald HOGUE and Elta Hogue, Appellants, v. PROPATH LABORATORY, INC. and Propath Services, L.L.P., Appellees.

Court of Appeals of Texas, Fort Worth.

April 13, 2006.

Attorney(s) appearing for the Case

Olson, Nicoud & Gueck, Jay L. Gueck, Dallas, for Appellants.

Strasburger & Price and P. Michael Jung, Joseph A. Turano, David L. Ovard, Christine D. Roseveare and Amy L. Saberian, Dallas, for Appellees.

Panel A: LIVINGSTON, HOLMAN, and GARDNER, JJ.

OPINION

ANNE GARDNER, Justice.

I. Introduction

Appellants Donald Hogue and Elta Hogue sued ProPath Laboratory, Inc. and ProPath Services, L.L.C. after a pathologist employed by ProPath Services allegedly failed to detect the presence of melanoma in a lesion removed from Donald Hogue's skin and submitted to ProPath Services for analysis. The trial court granted partial summary judgment in favor of the ProPath entities on the Hogues' claims for negligence...

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