Texas Supreme Court

James Duff, Petitioner v. Dr. Frank Yelin, Respondents

May 11, 198831 Tex. Sup. Ct. J. 401

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment granting an instructed verdict for St. Luke's Episcopal Hospital, holding that the plaintiff presented no probative evidence of proximate cause and therefore no issue for the jury. Justice Mauzzy dissented, arguing that the record contained sufficient evidence for a jury determination.