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WEATHERBY v. SCENIC MOUNTAIN MED. CENT.

No. 11-94-115-CV.

896 S.W.2d 852 (1995)

Imogene WEATHERBY, Individually and as Administratrix of the Estate of Joe Oscar Weatherby, Deceased Appellant, v. SCENIC MOUNTAIN MEDICAL CENTER, James Cowan, M.D., and Douglas S. Park, M.D., Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Overruled May 18, 1995.

Attorney(s) appearing for the Case

J. Michael Cunningham, Bates & Cunningham, Midland, for appellant.

William E. Ward, Jr., Morgan, Ward & Leeton, Midland, Jim Hund, Mike Worley, McCleskey, Harriger, Brazill & Graf, Lubbock, Max E. Wright, Max E. Wright, P.C., Kristi Franklin Hyatt, Cotton, Bledsoe, Tighe & Dawson, Midland, Robert L. Craig, Jr., Donald M. Hunt, Gary M. Bellair, Carr, Fouts, Hunt, Craig, Terrill & Wolfe, L.L.P., Lubbock, for appellees.

OPINION

McCLOUD, Chief Justice (Ret.).

This is a wrongful death medical malpractice case involving the statute of limitations. Imogene Weatherby sued the Scenic Mountain Medical Center, Dr. James Cowan, and Dr. Douglas S. Park for the wrongful death of her husband, Joe Oscar Weatherby. The trial court granted summary judgment in favor of all the defendants based upon the two-year statute of limitations contained in the Medical Liability and Insurance Improvement...

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