Texas Supreme Court
Jose L. Elizondo and Guillermina Elizondo, Petitioners v. Ronald D. Krist, the Krist Law Firm, P.c., Kevin D…
August 30, 201356 Tex. Sup. Ct. J. 1074
Summary
The Texas Supreme Court affirmed the appellate court’s grant of summary judgment for the attorneys, holding that the expert affidavit was conclusory and failed to raise a genuine issue of material fact on malpractice damages, that lay testimony was insufficient, and that discovery disputes did not require denial of summary judgment. Justice BOYD, dissenting, argued that the affidavit did create a factual issue and would have reversed.