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POWERS v. FLOYD

No. 10-94-189-CV.

904 S.W.2d 713 (1995)

Tammy Hartman POWERS, Appellant, v. W.F. FLOYD, M.D., Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled May 24, 1995.

Attorney(s) appearing for the Case

John A. (Jack) Sinz, Andrews & Associates, Nacogdoches, for appellant.

Lisa L. Havens-Cortes, Bob Burleson, Bowmer, Courtney, Burleson, Normand and Moore, An Office of Naman, Howell, Smith & Lee, P.C., Temple, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE JJ.

OPINION

THOMAS, Chief Justice.

This is an appeal from a summary judgment. In 1974, after the decision in Roe v. Wade1, Dr. W.F. Floyd performed a surgical abortion2 on Tammy Hartman, a sixteen-year-old minor. He performed the abortion with the written informed consent of her mother, Ruth Hartman, but did not disclose to Tammy that she was pregnant and about to have an abortion. Tammy learned...

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