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Gail Smith appealed a jury verdict against Dr. Alan Henson, D.C., concerning her negligence claim for alleged non-consensual cervical manipulation during treatment for work-related carpal tunnel syndrome and hip problems. Smith argued the trial court erred by excluding evidence related to workers' compensation and by making an improper comment on the evidence. The Court of Appeals for the Second District of Texas affirmed the trial court's judgment, holding that Smith failed to preserve error on her complaints by not objecting to the trial court's instructions or comments during trial. A dissenting opinion by Justice Sue Walker argued that an objection to a trial court's ruling is not required to preserve error, stating that the appellate rules disavow the necessity of objecting to a trial court ruling.
Gail Smith v. Dr. Alan Henson, D.C. is a workers' compensation case decided in Texas Court of Appeals, 2nd District (Fort Worth). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 2nd District (Fort Worth).
Full Decision Text1 Pages
Gail Smith appealed a jury verdict against Dr. Alan Henson, D.C., concerning her negligence claim for alleged non-consensual cervical manipulation during treatment for work-related carpal tunnel syndrome and hip problems. Smith argued the trial court erred by excluding evidence related to workers' compensation and by making an improper comment on the evidence. The Court of Appeals for the Second District of Texas affirmed the trial court's judgment, holding that Smith failed to preserve error on her complaints by not objecting to the trial court's instructions or comments during trial. A dissenting opinion by Justice Sue Walker argued that an objection to a trial court's ruling is not required to preserve error, stating that the appellate rules disavow the necessity of objecting to a trial court ruling.
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