Opinion

Miller Mutual Fire Insurance Co. of Texas v. Ochoa

  • 432 S.W.2d 118
  • 1968 Tex. App. LEXIS 2205
Court
Court of Appeals of Texas
Filed
Sep 12, 1968
Status
Published
Author
Green
On the bench
Green, Nye, Sharpe
Cited by
2 cases

The opinion

GREEN, Chief Justice

(concurring).

I concur in Judge NYE’S opinion, and agree that for reasons therein stated the judgment should be affirmed, except that I believe that it is reasonably probable that Dr. Constant’s testimony there referred to was very persuasive with the jury as to *123 the verdict it returned. He was the only medical witness who expressed the opinion that appellee was totally and permanently injured. I do not feel that Rule 434 is applicable to such evidence.

However, I agree that the trial court properly overruled appellant’s motion to strike Dr. Constant’s evidence concerning the future disability of appellee, both as to extent and length. The judgment should be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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