Atha v. Polsky

POWERS, Justice.

Marie Basford Atha appeals from the trial court’s summary judgment dismissing her medical malpractice claim against her physician, Morris Polsky. The trial court dismissed her suit on the ground that her cause of action is barred by the statute of limitations set forth in Tex.Ins.Code Ann. art. 5.82 § 4, now repealed.1 We affirm the judgment.

Atha’s attorney (not her attorney on appeal) alleged her malpractice claim in an original petition filed in the trial court on September 25, 1978. In her first amended original petition, upon which judgment was rendered against her, Atha…