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MURFF v. PASS

No. 07-0294.

249 S.W.3d 407 (2008)

W. Gene MURFF, M.D. and Murff-Wang-Moore Associates, P.A., Petitioners, v. Wanda Kaye PASS, as Next Friend of Leslie LeAnn Pass, a Minor, Respondent.

Supreme Court of Texas.

Rehearing Denied May 2, 2008.

Attorney(s) appearing for the Case

Terri S. Harris, James B. Ewbank II, Tamra J. Wilkinson English, Patricia Sue Allen, Ewbanks & Byrom, P.C., Austin, TX, for Petitioners.

Timothy R. Cappolino, Richard Dodd, Craig Wilse Brown, Cappolino Dodd & Krebs, Cameron, TX, Susan Eisner Hiatt, Law Office of Susan E. Hiatt, Alexandria, VA, Richard N. Countiss, Countiss Law Firm, Houston, TX, for Respondent.

PER CURIAM.

A venireperson who demonstrates "a general inability to follow the court's instructions regarding the law" is disqualified from serving on a jury. Hyundai Motor Co. v. Vasquez, 189 S.W.3d 743, 751 (Tex.2006); see TEX.R. CIV. P. 226a. In this health care liability case, following a confusing line of questioning about the burden of proof, a venireperson stated...

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