TODD v. PLANNED PARENTHOOD

No. 05-92-01113-CV.

853 S.W.2d 124 (1993)

John Chester TODD, Individually and as Representative of the Estate of Lynn Bethard Todd, Deceased, and Richard Bethard and Paula Bethard, Individually and as Parents of Lynn Bethard Todd, Appellants, v. PLANNED PARENTHOOD, L.C. Heider, International Cancer Screening Laboratories, Inc., and Sharon Rosenthal, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied May 6, 1993.


Attorney(s) appearing for the Case

Law Offices of Vic Terry, P.C., Warren Hays, Dallas, for appellants.

Vinson & Elkins, L.L.P., Barbara Radnofsky, Houston, Lang, Ladon, Green, Coghlan & Fisher, P.C., Paul M. Green, San Antonio, Schell, Nicholas, Thompson, Beene & Vaughan, L.L.P., Kelly H. Thompson, Dallas, for appellees.

Before BAKER, OVARD and ROSENBERG, JJ.


OPINION

ROSENBERG, Justice.

In this medical negligence case, John Chester Todd, Richard Bethard, and Paula Bethard brought suit for wrongful death and survival damages following the death of Lynn Bethard Todd. The trial court ruled that limitations barred appellants' claims and granted appellees' motions for summary judgment. The issue presented in this case is whether the open courts provision of the Texas Constitution prevents

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