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WEINER v. WASSON

No. 94-0541.

900 S.W.2d 316 (1995)

Bruce WEINER, M.D., Petitioner, v. Emmanuel WASSON, Respondent.

Supreme Court of Texas.

Decided June 8, 1995.

Rehearing Overruled July 21, 1995.

Attorney(s) appearing for the Case

Sam A. Houston, Houston, for petitioner.

David W. Holman, Richard P. Hogan, Jr., Kevin H. DuBose, Richard W. Ewing, W. James Kronzer, Jr., Houston, for respondent.

CORNYN, Justice, delivered the opinion of the Court, joined by GONZALEZ, HIGHTOWER, GAMMAGE, ENOCH and SPECTOR, Justices.

OWEN, Justice, joined by PHILLIPS, Chief Justice, and HECHT, Justice, dissenting.

We granted the application for writ of error in this case to decide whether the statute of limitations contained in section 10.01 of the Medical Liability and Insurance Improvement Act (Medical Liability Act)1 can be constitutionally applied to the malpractice claim of a minor under the open courts provision of the Texas Constitution. The court of appeals...

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