Weiner v. Wasson

joined by GONZALEZ, HIGHTOWER, GAMMAGE, ENOCH and SPECTOR, Justices. OWEN, Justice, joined by PHILLIPS, Chief Justice, and HECHT, Justice, dissenting.

We granted the application for writ of error in this ease to decide whether the statute of limitations contained in section 10.01 of the Medical Liability and Insurance Improvement Act (Medical Liability Act)1 can be constitutionally applied to the malpractice claim of a minor under the open courts provision of the Texas Constitution. The court of appeals, relying on our decision in Sax v. Votteler, 648 S.W.2d 661 (Tex.1983), held that section…