Weaver v. Robinson

OPINION

OSBORN, Justice.

This is a medical malpractice case. The trial Court entered summary judgment for the doctor on a plea of the two-year statute of limitations. Sustaining a contention that the “discovery rule” delayed the running of limitations, we reverse and remand.

The Appellant sustained an on-the-job injury on July 26, 1971. The Appellee performed a myelogram on Appellant on August 6, 1971, and a laminectomy on August 10, 1971, at the L 4-5 and L 5-S 1 level. Dr. Robinson continued to see and treat Mr. Weaver until December 29,1971. On January 25, 1972, the Industrial Accident Board…