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BARBER v. MERCER

No. 2-08-079-CV.

303 S.W.3d 786 (2009)

Malcolm BARBER and Leann Barber, Appellants, v. Leo C. MERCER, Jr., M.D., Appellee.

Court of Appeals of Texas, Fort Worth.

October 15, 2009.

Attorney(s) appearing for the Case

Darrell L. Keith, Arin K. Schall, Keith Law Firm, P.C., Fort Worth, TX, for Appellants.

Michelle E. Robberson, Nisha P. Byers, Cooper & Scully, P.C., Dallas, TX, for Appellee.

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

OPINION

TERRIE LIVINGSTON, Justice.

Appellants Malcolm and Leann Barber sued Leo C. Mercer, Jr., M.D., appellee, and others for negligence in the treatment and care of Malcolm's heart condition during a heart bypass procedure. Dr. Mercer was the general surgeon who assisted the lead surgeon by harvesting a saphenous vein from Malcolm's leg. This case currently involves only Dr. Mercer. The Barbers challenge the trial court's dismissal of their claim against...

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