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W.C. LAROCK, D.C., P.C. v. SMITH

No. 08-07-00346-CV.

310 S.W.3d 48 (2010)

W.C. LAROCK, D.C., P.C. d/b/a Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith, Appellants/Cross Appellees, v. Rosemary SMITH/W.C. LaRock D.C., P.C. d/b/a Auto & Work Injury Clinic and Maria Del Carmen Gallardo, Appellee/Cross-Appellant.

Court of Appeals of Texas, El Paso.

Rehearing Overruled May 12, 2010.

Attorney(s) appearing for the Case

Joseph L. Hood, Jr., Windle, Hood, Alley, Norton, Brittain & Jay, LLP, El Paso, for appellants.

Antonio Martinez, Jr., Firth, Johnston & Martinez, El Paso, for appellee.

Before McCLURE, J., RIVERA, J., and GUADERRAMA, Judge, sitting by assignment.

OPINION

GUADALUPE RIVERA, Justice.

Rosemary Smith, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic (the "clinic"), and Maria Gallardo, alleging that the clinic failed to train and supervise their workers and that Gallardo, an employee of the clinic, negligently caused Smith's injuries. The City of El Paso, which paid worker's compensation benefits to Smith, later entered the suit as a plaintiff in its capacity as Smith's subrogee...

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