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

Summary

The Texas Supreme Court affirmed the appellate court's judgment that res ipsa loquitur is not applicable to the plaintiff's colonoscopic injury because the instrument is not within the common knowledge of laymen and the statutory limitation in Tex. Rev. Civ. Stat. Ann. art. 4590i § 7.01 bars such application. The dissent argued that expert testimony should be permitted to establish the doctrine.