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MARKS v. ST. LUKE'S EPISCOPAL HOSP.

No. 07-0783.

319 S.W.3d 658 (2010)

Irving W. MARKS, Petitioner, v. ST. LUKE'S EPISCOPAL HOSPITAL, Respondent.

Supreme Court of Texas.

Decided August 27, 2010.

Attorney(s) appearing for the Case

James E. Doyle , Nancy Kimberly Bohannon , Doyle Restrepo Harvin & Robbins, L.L.P., Michael P. Doyle , Doyle Raizner, L.L.P., Nancy Kimberly Hoesl , Doyle Restrepo Harvin & Robbins, L.L.P., Houston, TX, for Petitioner.

L. Boyd Smith Jr. , Jennifer H. Davidow , Vinson & Elkins LLP, Houston, TX, for Respondent.

Justice MEDINA delivered the Court's judgment and an opinion, in which Justice HECHT joined, and in which Justice WAINWRIGHT, Justice JOHNSON and Justice WILLETT joined as to Parts I & IV.

We grant the motion for rehearing, withdraw our previous opinion and judgment of August 28, 2009, and substitute the following in its place.

In this case we must decide whether a hospital patient's fall, allegedly caused by...

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