Jim C. McKelvy, Petitioner v. Dr. Forrest C. Barber, Respondent

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the instructed verdict was improper because there was sufficient evidence of negligence and because the physician was not an employee or agent entitled to statutory immunity; the Court also clarified that it may consider unraised points of error when the intermediate court affirmed on a different ground. Justice Smith dissented, arguing that the Court should not consider such unpreserved issues.