Orville E. Haddock, Jr., Petitioner v. Larry A. Arnspiger, Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that res ipsa loquitur does not apply to a colonoscopic perforation because the instrument is not within the common knowledge of laymen and Section 7.01 of the Medical Liability and Insurance Improvement Act limits the doctrine to cases previously recognized. The dissent argued that expert testimony should be permitted to establish res ipsa.