No. B-6072.

550 S.W.2d 18 (1977)

Cecil A. ROBINSON, Petitioner, v. C. W. WEAVER et al., Respondents.

Supreme Court of Texas.

Rehearing Denied May 18, 1977.

Attorney(s) appearing for the Case

Shafer, Gilliland, Davis, Bunton & McCollum, W. O. Shafer and James M. O'Leary, Odessa, Finley & Scogin, Robert Scogin, Kermit, for petitioner.

James D. Cunningham, Odessa, Little & Little, Jack N. Little, Big Spring, for respondents.

DENTON, Justice.

The trial judge has rendered a summary judgment in this medical malpractice case, holding that the plaintiff's cause of action for damages due to misdiagnosis is barred by the two-year statute of limitations. The court of civil appeals has reversed and remanded, holding that the "discovery rule" applies and that a question of fact exists concerning when the plaintiff knew or should have known of his injury. 536 S.W.2d 243


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