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Morrell v. Finke

11/3/2005

sy and mental retardation. But it is not for this court, under the guise of the deferential standard of review favoring the jury's findings, to re-invent the case that was tried. The record compels the conclusion that there is legally insufficient evidence to support the jury's finding of causation as to any negligence of the nurses or Dr. Finke. Consequently, I would reverse and render judgment that Appellants and Cross-Appellees Robert and Donna Morrell, individually, and as next friends for the minor daughter, Madeline Morrell, take nothing against all defendants.


ANNE GARDNER JUSTICE


CAYCE, C.J., joins.






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