Dennis H. Lenger, Petitioner v. Physician’s General Hospital, Inc., Respondents

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals' judgment granting a directed verdict for the hospital, finding that the plaintiff failed to prove that the solid food he ate post‑operatively was a probable cause of his later complications. The Court held that the evidence did not rise above mere possibility and therefore could not support a finding of causation. Justice Pope dissented, arguing that the medical evidence did establish reasonable probability and that the case should be remanded for trial.