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CATTERSON v. MARTIN

No. 98-0502.

2 S.W.3d 249 (1999)

Alan CATTERSON, M.D. and Kelsey Seybold Medical Group, Petitioners, v. Patty MARTIN, individually and on behalf of the Estate of Donald F. Martin, and a/n/f of April Nicole Martin, a minor child, Respondent.

Supreme Court of Texas.

June 10, 1999.

Attorney(s) appearing for the Case

Ann Elizabeth Kitzmiller, Solace Kirkland Southwick, Houston, for petitioners.

Jeffrey T. Nobles, Denice Smith, Jim M. Perdue, Mark D. Clore, Kevin M. Baucom, N. Terry Adams, Houston, for respondent.

PER CURIAM.

In determining that the Texas Constitution's open courts provision protects the Martins' wrongful death and survivorship claims from the bar of limitations, the court of appeals stated:

Transformation of the common-law claims to statutory claims because of Donald Martin's death does not suddenly end their protection under the open courts doctrine. Though the claims are now statutory, they were not statutory when the negligence occurred, when the...

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