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 trial court's instructed verdict in favor of St. Luke’s Episcopal Hospital, holding that the plaintiff failed to present competent evidence of proximate cause. The majority found no probative evidence beyond speculation to raise a factual issue for the jury. A dissent argued that the record contained sufficient evidence and that the verdict should be reversed.