 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Almaguer v. Jenkins11/30/1999
. Chance Vought Aircraft, 369 S.W.2d 705, 710 (Tex. Civ. App.-Dallas 1963, writ ref'd n.r.e.) (physician employed by employer examining a job applicant did not owe any duty to the applicant to discover presence of tuberculosis from x- rays taken as part of a pre-employment physical exam).
Jenkin's only duty to Almaguer was not to injure her during the examination. See Winsett, 828 S.W.2d at 233; Sibley, 558 S.W.2d at 137- 138. The duty of Jenkins to "not injure" Almaguer does not extend to whether or not he performed and reported the examination to the Department of Labor with adequate care, but only to injuries caused during the examination. See Winsett, 828 S.W.2d at 233; Sibley, 558 S.W.2d at 137-138.
As Jenkins has conclusively negated an essential element of Almaguer's cause of action, he is entitled to summary judgment. Casas, 856 S.W.2d at 733. Accordingly, we affirm the summary judgment of the trial court.
Tom Rickhoff, Justice
Publish
|