Axcell v. Phillips

PEDEN, Justice.

Medical malpractice case. Appeal from the granting of summary judgment in favor of all defendants. On the basis of limitations, we affirm the judgment of the trial court as to all defendants except Medical Arts Hospital.

Motions for summary judgment based on the two-year statute of limitations, Article 5526(6), Vernon’s Annotated Texas Civil Statutes, had been timely filed by defendants Dr. Phillips and the Harris County Medical Society when the hearing was held by the trial court on March 1, 1971, but Medical Arts Hospital had not then moved for summary judgment.

The plaintiffs…