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UNIV. OF TEXAS MED. AT GALVESTON v. TATUM

No. 01-11-01105-CV.

389 S.W.3d 457 (2012)

The UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON, Appellant v. Lola TATUM, Individually and as Next Friend of Dwight Tatum, Sandy Tatum, Lola Priscilla Tatum, Dwight Tatum, Jr., and Dwayne Tatum, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

August 30, 2012.

Attorney(s) appearing for the Case

Kevin D. Molina , Timothy Edward Boughal , Assistant Attorney General, Austin, TX, for Appellant.

David Adair McFarland , Craig Lanahan Dowis , Thompson, Coe, Cousins & Irons, L.L.P., Dallas, TX, William Ryle Edwards , The Edwards Law Firm, Corpus Christi, TX, Edward J. Murphy , Forest Jacob Wynn, Beirne, Maynard & Parsons, L.L.P., Houston, TX, for Appellees.

Panel consists of Chief Justice RADACK and Justices JENNINGS and KEYES.

OPINION ON REHEARING

EVELYN V. KEYES, Justice.

Appellees, Lola Tatum, individually and as next friend of Dwight Tatum, Sandy Tatum, Lola Priscilla Tatum, Dwight Tatum, Jr., and Dwayne Tatum (collectively, "the Tatums"), filed a motion for rehearing of our June 21, 2012 opinion. We deny the Tatums' motion for rehearing, withdraw our opinion and judgment of June 21, 2012, and substitute this opinion and judgment in their place.

The Tatums sued appellant...

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