Weaver v. Witt

COULSON, Justice.

This is an appeal from a summary judgment granted in favor of the defendant physician in a medical malpractice suit. Tom Watson Weaver sued Dr. Raymond Witt for injuries he allegedly sustained as a result of a hemorrhoidectomy performed by the defendant on or about February 1,1971. Plaintiffs original petition was filed on January 16, 1976. Defendant filed an answer asserting the affirmative defense that plaintiffs suit was barred by the statute of limitations. Tex.Rev.Civ.Stat.Ann. art. 5526(6) (1958). In response to an order sustaining special exceptions, plaintiff filed an…