Montes v. Villarreal

OPINION

ANN CRAWFORD McCLURE, Justice.

Veronica Montes appeals from a summary judgment granted in favor of Dr. Jorge Villarreal on the affirmative defense of limitations. We must decide whether her attorney exercised due diligence in requesting service of process four months after the statute of limitations had expired. We conclude that he did not. For the reasons that follow, we affirm.

FACTUAL SUMMARY

On March 13, 2003, Dr. Villarreal, an obstetrician/gynecologist, performed exploratory surgery on thirty-two-year-old Montes at Las Palmas Medical Center. He found a ruptured left hemorrhagic…