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TEJADA v. GERNALE

No. 01-10-00569-CV.

363 S.W.3d 699 (2011)

Ronnie TEJADA and Rose Tejada as Next Friend of Kelsey Tejada and Kaylie Tejada, Appellants, v. Virgilio GERNALE, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

August 11, 2011.

Attorney(s) appearing for the Case

Bryan Adam Terrell , Weller, Green, Toups & Terrell, Beaumont, TX, for Appellants.

Erin L. Leeser , Randall S. Richardson , Fulbright & Jaworski, L.L.P., Houston, TX, Kathleen Marie Kennedy , Mehaffy Weber , Beaumont, TX, for Appellee.

Panel consists of Justices KEYES, HIGLEY, and BLAND.

OPINION

JANE BLAND, Justice.

In this medical-malpractice case, Ronnie and Rose Tejada appeal the trial court's summary judgment favoring appellee, Virgilio Gernale, M.D. The Tejadas contend that trial court erred by granting summary judgment because they timely filed their claims within the applicable limitations period, a res judicata defense with respect to an earlier filed federal suit is without merit, and they raised a fact issue that Gernale's negligence...

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