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WILKINSON v. CLARK

No. 5783.

558 S.W.2d 490 (1977)

Ralph Lamar WILKINSON, II, Appellant, v. Pauline Waterman CLARK, as Independent Executrix of the Estate of Dan H. Clark, M. D., Deceased, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 8, 1977.

Attorney(s) appearing for the Case

Fred E. Davis, Davis & Davis, Austin, for appellant.

Terry O. Tottenham, Fulbright & Jaworski, Houston, Bill M. Payne, Lawrence, Thornton, Payne & Watson, Bryan, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by Plaintiff Wilkinson from a take-nothing judgment in a medical malpractice suit, and involves the application of the "Dead Man's Statute" (Article 3716 VATS).

Plaintiff sued Dr. Dan H. Clark on July 8, 1974 alleging plaintiff (an A & M student) went to Dr. Clark (the Student Health Center Doctor) with an eye injury on March 26, 1973; and again later; that he thereafter consulted Dr. Brenner...

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