Johnson v. Susat

McCLUNG, Justice.

Clifton Wayne Johnson appeals the trial court’s granting of a summary judgment in favor of George G. Susat, M.D. In his second point of error Johnson alleges that the trial court erred in granting summary judgment because Dr. Susat failed to conclusively establish the absence of material fact issues. We agree and reverse the cause and remand to the trial court.

This is a medical malpractice case. On January 13, 1982, Johnson suffered a leg fracture; Dr. Susat performed an operation the next day, installed a metal plate in his leg affixed to the broken bone with eight screws.…