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IN RE TEMPLE

No. 06-07-00128-CV.

239 S.W.3d 885 (2007)

In re Samuel Drew TEMPLE, M.D.

Court of Appeals of Texas, Texarkana.

Decided November 8, 2007.

Attorney(s) appearing for the Case

Michael A. Yanof, Paula S. Shiroma-Bender, Stinnett Thiebaud & Remington, LLP, Dallas, for relator.

M. Mark Lesher, Lesher & Associates, Texarkana, for real party in interest.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Chief Justice MORRISS.

During the knee replacement surgery performed November 17, 2005, on Robert Christophersen's right knee, the knee replacement device implanted into the knee was an apparatus designed to be fit into a left knee joint. Christophersen seeks initial pre-suit discovery to determine who to sue.

Christophersen originally sought permission from the trial court to take the oral depositions of several...

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