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WESTPHAL v. DIAZ

No. 13-94-237-CV.

918 S.W.2d 543 (1996)

Carolyn WESTPHAL, individually and as next friend of Eric Michael Westphal, a minor, and as Independent Executrix of the Estate of Michael Westphal, Deceased, Appellant, v. Gustavo DIAZ, M.D., Appellee.

Court of Appeals of Texas, Corpus Christi.

Opinion on Overruling of Rehearing March 21, 1996.

Attorney(s) appearing for the Case

J. Norman Thomas, Harris & Thomas, Corpus Christi, for appellant.

Tom Hermansen, Hunt, Hermansen, McKibben & Barger, Corpus Christi, Carlos Villarreal, Hunt, Hermansen, McKibben & Barger, Corpus Christi, for appellee.

Before SEERDEN, C.J., and YANEZ and CHAVEZ, JJ.

OPINION

YAÑEZ, Justice.

Carolyn Westphal appeals from summary judgment on survival and wrongful death actions based on Dr. Gustavo Diaz's malpractice. The trial court granted Diaz's motion for summary judgment, which asserted the defense of limitations. Westphal appeals by one point of error. We reverse and remand in part and affirm in part.

Diaz was Michael Westphal's doctor only up until August of 1984; Michael Westphal had Hodgkin's Disease...

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