Legal Opinion

Allbee v. Day

Court of Appeals of Texas

Decided March 4, 1981No. 16444PublishedCited by 2 opinions

1Opinion of the Court

OPINION

CADENA, Chief Justice.

This is a medical malpractice suit in which plaintiff, Janice Allbee, appeals from a summary judgment in favor of defendant, P. L. Day, M.D. The summary judgment is based on the ground that plaintiff’s cause of action is barred by the two-year statute of limitations.

Plaintiff sustained an on-the-job injury, compensable under our Worker’s Compensation Statutes, on March 25, 1972. The alleged malpractice occurred during the period from October 31, 1974, through March 28, 1975, during which period defendant was treating plaintiff for the effects of the 1972 injury.

Alt…

2Cases cited6 opinions

  1. McKelvy v. BarberTexas Supreme Court · 1964
  2. Fidelity Union Casualty Co. v. Texas Power & Light Co.Court of Appeals of Texas · 1931
  3. Campbell v. Sonford Chemical CompanyTexas Supreme Court · 1972
  4. Robinson v. Buckner Park, Inc.Court of Appeals of Texas · 1977
  5. Burkhart v. Concho Industrial Supply, Inc.Court of Appeals of Texas · 1977

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3Cited by2 opinions

  1. Houston General Insurance Co. v. CampbellCourt of Appeals of Texas · 1998
  2. White Deer Independent School District v. Kelly Martin, Texas Court of Appeals, 7th District (Amarillo)2019

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