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MOELLER v. BLANC

No. 05-06-00063-CV.

276 S.W.3d 656 (2008)

David MOELLER, Appellant, v. Michael BLANC, M.D. and Columbia Hospital at Medical City Dallas Subsidiary, L.P. d/b/a Medical City Dallas Hospital, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled February 18, 2009.

Attorney(s) appearing for the Case

Frederick H. Shiver, Russell & Shiver, L.L.P., Dallas, TX, Peter M. Kelly, Houston, TX, for Appellant.

Michelle E. Robberson, David E. Olesky, Cooper & Scully, P.C., Ty Bailey, Michael A. Yanof, Stinnett, Thiebaud & Remington, L.L.P., Dallas, TX, for Appellees.

Before Justices WHITTINGTON, WRIGHT, and FITZGERALD.

OPINION

Opinion by Justice FITZGERALD.

This is a medical-malpractice case. On appeal, David Moeller contends that the trial court erred by overruling his objection to the racially discriminatory use of a peremptory challenge during jury selection. We agree. We reverse and remand for a new trial.

I. BACKGROUND

Facts

Moeller presented at Medical City Dallas Hospital to undergo an arteriogram and an angioplasty on his left leg. Dr...

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