McClung v. Komorn

MILLER, Justice.

This appeal arises out of an order by the trial court granting summary judgment in favor of appellee. The sole question presented at the hearing below, and in this appeal, is whether the notice provisions of the Medical Liability and Insurance Improvement Act, Tex.Rev.Civ.Stat.Ann. art. 4590i, § 4.01 (Vernon Supp.1980), concerning the tolling of the statute of limitations, are met by the mailing or by a receipt of the written notice. This is a case of first instance which requires we interpret the intent of the legislature in writing the statute. After a close reading of the…