Delgado v. Burns

ROBERTSON, Justice.

This is an appeal from a summary judgment in favor of appellee sustaining his plea of limitation. The suit was for medical malpractice and the plea of limitations was based upon 1975 Tex.Gen.Laws, Ch. 330, § 4, at 865 (Tex.Ins.Code Ann. art. 5.82, § 4, now repealed). Appellants complain of the court’s action in sustaining the plea and attack the constitutionality of the limitation provision of the article. We affirm.

*506The hearing on limitation consisted of facts stipulated and agreed upon by the parties. Basically, these facts were (1) the surgery complained of was performed…