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eBook details

• Title: Brenda Clark Benton v. Edward Snyder
• Author : Supreme Court of Texas
• Release Date : January 03, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

The primary issue raised by this appeal is whether the plaintiffs malpractice action for battery based on sterilization without consent was barred by the statute of repose. That question turns on whether there was fraudulent concealment which extends the statute of repose. The Court of Appeals found that evidence of fraudulent concealment sufficient to create a jury issue could only be established by violating a well-settled Tennessee rule against drawing an inference from another inference. The trial court had directed a verdict in favor of the defendant surgeon on the ground that there was insufficient evidence to create a jury question on whether the defendant caused plaintiffs sterilization. The Court of Appeals disagreed, deciding that there was evidence that the defendant performed the sterilization sufficient to create a jury issue. However, the Court of Appeals affirmed the trial courts directed verdict on the separate ground that there was insufficient evidence of fraudulent concealment. We agree with the Court of Appeals decision as to the sufficiency of the evidence of sterilization. We disagree, however, with their Conclusion that the evidence of fraudulent concealment was legally insufficient to make a jury question. Accordingly, we reverse the Court of Appeals and remand this case for a new trial.

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