# Miller Mutual Fire Insurance Co. of Texas v. Ochoa

> Court of Appeals of Texas · September 12, 1968 · 432 S.W.2d 118

URL: https://www.frixlaw.com/law-library/cases/9761318

## Case

- **Full name:** The MILLER MUTUAL FIRE INSURANCE COMPANY OF TEXAS, Appellant, v. Michael OCHOA, Appellee
- **Court:** Court of Appeals of Texas
- **Decided:** September 12, 1968
- **Citations:** 432 S.W.2d 118; 1968 Tex. App. LEXIS 2205
- **Precedential status:** Published
- **Opinion:** Concurrence by Green
- **Judges:** Green, Nye, Sharpe
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9761318

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9761318. Public record. Not legal advice.