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GROSS v. KAHANEK

No. 98-1156.

3 S.W.3d 518 (1999)

Sheldon GROSS, M.D., Petitioner, v. Timothy and Nancy KAHANEK, individually and as personal representatives of the Estate of Kyndil Kahanek, deceased minor child, Respondents.

Supreme Court of Texas.

Rehearing Overruled November 18, 1999.

Rehearing Overruled December 16, 1999.

Attorney(s) appearing for the Case

Thad D. Spalding, Ruth G. Malinas, Brett B. Rowe, George F. Evans, San Antonio, for Petitioner.

Valorie W. Davenport, Neda S. Yassaei, Houston, for Respondent.

PER CURIAM.

Timothy and Nancy Kahanek, individually and on behalf of their daughter Kyndil's estate, sued Dr. Sheldon Gross, alleging that drug treatment prescribed by Dr. Gross caused Kyndil's death. Dr. Gross moved for summary judgment in part on grounds that their claims were barred by the two-year limitations period of Texas Revised Civil Statute article 4590i, § 10.01. The trial court granted the motion. The court of appeals reversed and remanded, holding...

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