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BROWN v. SHWARTS

No. 10-95-064-CV.

929 S.W.2d 609 (1996)

Christina Michelle BROWN and Cecil Ted Brown, individually and on behalf of the Estate of Dillon Ray Brown, Deceased, Appellants, v. Kalman J. SHWARTS, M.D., et al., Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled October 9, 1996.

Attorney(s) appearing for the Case

George (Tex) Quesada, Dallas, J. H. Edgar, of counsel, Lubbock, Law Offices of Frank L. Branson, P.C., for appellants.

Deborah G. Hankinson, Greg W. Curry & Allison Roseman, Thompson & Knight, Dallas, Kevin J. Keith, Fowler, Wiles, Norton & Keith, L.L.P., Dallas, for appellees.

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

OPINION

VANCE, Justice.

Christina and Cecil Brown appeal an adverse summary judgment in their suit against Dr. Kalman Shwarts and Navarro Memorial Hospital for the wrongful death of their son, Dillon. The Browns brought the action because of alleged medical negligence that occurred on December 4, 1991, prior to Dillon's birth. Dillon was born on December 8, 1991 and died on December 9, 1991. On December 1, 1993, the Browns sent a statutory notice-letter...

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