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JACKSON v. AXELRAD

No. 04-0923.

221 S.W.3d 650 (2007)

Dr. Richard JACKSON, Petitioner, v. David and Carolyn AXELRAD, Respondents.

Supreme Court of Texas.

Decided April 20, 2007.

Attorney(s) appearing for the Case

R. Brent Cooper, Diana L. Faust, Cooper & Scully, P.C., Dallas, Erin E. Lunceford, Joel Randal Sprott, Munisteri, Sprott, Rigby, Newsom & Robbins, P.C., Houston, for Petitioner.

Darrin M. Walker, Law Office of Darrin Walker, Kingwood, George Chandler, Michael Kirk Mathis, Chandler Law Offices, Lufkin, Walter Perry Zivley Jr., Law Offices of W. Perry Zivley Jr., Houston, for Respondents.

Justice BRISTER delivered the opinion of the Court.

In this unusual medical malpractice case, both physician and patient were doctors. Each claimed the other was negligent, and a jury agreed both were. As the jury assessed slightly more fault to the plaintiff (51 percent) than the defendant (49 percent), the trial court entered a take-nothing judgment.1

A divided court of appeals reversed...

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