Texas Supreme Court

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

June 10, 197013 Tex. Sup. Ct. J. 391

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the evidence was insufficient to establish that the defendants' negligence in feeding solid food was a proximate cause of plaintiff's subsequent complications. The majority found that the expert testimony did not show a reasonable probability that the meals caused the injury, and therefore the instructed verdict for the defendants was proper.