SEWARD v. ROBINSON

No. 6493.

535 S.W.2d 778 (1976)

James N. SEWARD, Appellant, v. Cecil A. ROBINSON, M.D., Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied April 20, 1976.


Attorney(s) appearing for the Case

James D. Cunningham, Odessa, for appellant.

Finley & Scogin, Kermit, Shafer, Gilliland, Davis, Bunton & McCollum, Inc., W. O. Shafer, James M. O'Leary, Odessa, for appellee.


OPINION

OSBORN, Justice.

This is a medical malpractice suit involving the question of whether or not proceeding to judgment for medical expenses only, under the Workmen's Compensation Act, will toll the statute of limitations against a third party treating physician, where the claimant has previously been paid all compensation payments which he was entitled to receive under the law. The trial Court sustained a plea of limitations and entered summary judgment...

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