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DELGADO v. BURNS

No. C-2097.

656 S.W.2d 428 (1983)

Dora DELGADO et vir., Petitioners, v. Dr. J.C. BURNS, Respondent.

Supreme Court of Texas.

Rehearing Denied October 5, 1983.

Attorney(s) appearing for the Case

John H. Holloway, Houston, for petitioners.

Fulbright & Jaworski, Barry K. Green and Robert J. Swift, Houston, for respondent.

PER CURIAM.

Dora Delgado appeals from a take-nothing summary judgment rendered in a medical malpractice suit brought against Dr. J.C. Burns. The trial court granted the defendant-physician's motion for summary judgment based upon the two-year statute of limitations found in Tex.Ins.Code Ann. art. 5.82, § 4.1 The court of appeals affirmed, holding that the "discovery rule" is inapplicable to medical malpractice actions controlled by...

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