Texas Appeals Court: 'Scintilla' of Evidence Sufficient for Trial

CORPUS CHRISTI, Texas - A Texas appeals court has reversed a trial court's no-evidence summary judgment for the defendants in an asbestos exposure case, finding that a doctor's affidavit, which was questioned by defendants, represents a 'scintilla' of evidence and creates an issue of fact sufficient to justify a new trial. Welch v. Reynolds Metals Company and Arlon Boatman, No. 13-99-394-CV (Texas App. Ct., 13th Dist.).

The no-evidence summary judgment did not imply that the defendants' motion to strike the doctor's testimony was granted, the appeals court ruled Dec. 29.

Plaintiff Kelly Welch was employed at Reynolds Metal Company's Sherwin …