Case Number: 04-95-00134-CV 06/02/1998 Record returned to Court of Appeals 05/05/1998 Motion to substitute disposed dismissed as moot 04/21/1998 File instrument. 04/20/1998 Notice requesting filing fee 04/20/1998 Phone call from Clerk's Office 04/20/1998 Motion to substitute filed 04/02/1998 Application for Writ of Error - Disposed proceeding denied 10/15/1997 Petitioner's reply brief 08/13/1997 Case forwarded to Court 08/11/1997 Reply filed 08/05/1997 MET to file reply disposed of Granted 07/18/1997 Application for Writ of Error - Filed
On motion for rehearing, OKML first argues that this court erred in its holding *Page 853 that OKML failed to conclusively exclude itself as the party that mishandled Mrs. Klager's implants and tissue samples and that a fact issue remained to be tried on that issue. OKML next argues, alternatively, that this court erred in reversing and remanding the entire summary judgment as to OKML rather than remanding for trial only the remaining issue of OKML's exercise of reasonable care in the handling of Mrs. Klager's implants and tissue samples. We overrule the first rehearing point of error, but grant the motion for rehearing on the alternative ground. Accordingly, the judgment is modified to conform to our opinion.
The summary judgment in favor of Dr. Fabian Worthing, III, is affirmed. The summary judgment in favor of the law firm of O'Quinn, Kerensky, McAninch and Laminack and Richard Laminack is reversed and remanded for trial only on the issue of the law firm's and Laminack's exercise of reasonable care in the handling of Mrs. Klager's implants and capsule tissue specimens in connection with the silicone breast implant litigation; all other aspects of the summary judgment in favor of the law firm and Laminack are affirmed.