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GENTRY v. WALLACE

No. 89-CA-133.

606 So.2d 1117 (1992)

John Billy GENTRY v. Dr. John M. WALLACE, Dr. Thomas K. Judd, Dr. Daniel W. Jones, d/b/a Internal Medicine Clinic of Laurel, P.A.; Dr. P.A. Pittman; Dr. Peeler G. Lacey; Dr. Clyde R. Allen; Dr. C.G. Hull, III; Dr. Susan S. Cannon; Dr. Kelly E. Hutchins.

Supreme Court of Mississippi.

Rehearing Denied October 8, 1992.

Attorney(s) appearing for the Case

T. Mack Brabham, Brabham & Bean, McComb, for appellant.

Anthony L. Thaxton, Gilchrist Sumrall Thaxton & Yoder, Robert D. Gholson, Gilchrist Sumrall Thaxton Firm, Laurel, Dorrance Aultman, Aultman Tyner McNeese & Ruffin, Hattiesburg, Brooke Ferris, Gibbes Graves Mullins Bullock & Ferris, Ernest W. Graves, Gibbes Graves Mullins Firm, Laurel, Douglas E. Levanway, Wise Carter Child & Caraway, R. Mark Hodges, Wise Carter Firm, Jackson, for appellee.

EN BANC.

McRAE, Justice, for the Court:

This appeal arises from a September 16, 1988, order of the Jones County Circuit Court granting summary judgment to the appellees in a wrongful death medical negligence action. Finding that the Circuit Court erred in concluding that the statute of limitations on a wrongful death action began to run when the negligence of the physicians was discovered prior to death, we reverse and remand for a full trial on the merits.

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