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FARLOW v. HARRIS METHODIST FORT WORTH HOSP.

No. 2-07-423-CV.

284 S.W.3d 903 (2009)

Emily FARLOW, Individually and as next friend of Andrew Joseph Farlow Lauren Catherine Farlow, Minors, and as guardian of the person and the Estate of Lee William Farlow, Lee William Farlow, Appellants v. HARRIS METHODIST FORT WORTH HOSPITAL and Texas Health Resources, Inc., Appellees.

Court of Appeals of Texas, Fort Worth.

May 7, 2009.

Attorney(s) appearing for the Case

William A. Brewer III, John W. Bickel II, Greggory A. Teeter, Bickel & Brewer Storefront, PLLC, Dallas, for Appellants.

Joel J. Steed, C. Timothy Reynolds, Katherine L. Laws, Steed Flagg, LLP, Rockwall, David E. Keltner, Marianne M. Auld, John T. Wilson IV, Kelly Hart & Hallman, LLP, Fort Worth, for Appellees.

PANEL: CAYCE, C.J.; LIVINGSTON and GARDNER, JJ.

OPINION

TERRIE LIVINGSTON, Justice.

I. Introduction

This is a medical malpractice case in which appellants are attempting to impute liability for a doctor's negligence to both the hospital where he performed surgery and the hospital's parent company. In six points, appellants challenge (1) the partial summary judgment on their respondeat superior and gross negligence allegations, (2) the directed verdict on their vicarious liability claim based...

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