Opinion

Webb v. Jorns

  • 530 S.W.2d 847
  • 1975 Tex. App. LEXIS 3116
Court
Court of Appeals of Texas
Filed
Oct 10, 1975
Status
Published
On the bench
Massey
Cited by
7 cases

The opinion

ON MOTION FOR REHEARING

Plaintiffs’ counsel has pointed out that in the original opinion we failed to pass upon points of error whereby there was complaint because of the exclusion, on trial, of testimony from their expert witnesses, Drs. Dannemiller and Taylor, relative to the manufacturer’s recommendations for the unit flow of gas required in the use of Halothane.

It is true that we overlooked writing thereupon. We did give the matter consideration as will be observed at the very beginning of the section of the opinion where we noted complaints concerning rulings of the court by which there was exclusion of evidence which the plaintiffs desired to have before the jury. We did fail to specifically rule on the particular complaints).

Relative thereto we remark that, as evidenced in the prior opinion, there is no doubt that the jury had before it by undisputed evidence the manufacturer’s recommendations for the unit flow of gas. Testimony received left no doubt in the minds of the jury that plaintiffs’ expert witnesses were of the opinion that to use such procedure as recommended by the manufacturer — without necessity of reference to the manufacturer’s material by which those recommendations were evidenced — was correct procedure. Nor was the jury left in doubt that such witnesses were of the expert opinion that the procedure to which there was resort in the instant case was improper.

The points of error are overruled as constituting “harmless error”. T.R.C.P. 434, “If Judgment Reversed”.

*859 On rehearing we have also reconsidered all those points of error, in addition to those presenting complaint here written upon, which plaintiffs contend were not passed upon. These we have concluded to be without merit and are all overruled.

Motion for rehearing is overruled.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.