Wallace v. Smith

OPINION

SPURLOCK, Justice.

Appellant, Weldon Ray Wallace, appeals from a summary judgment rendered in a medical malpractice case. The trial court held that the plaintiff’s cause of action was barred by the statute of limitations.

We affirm.

On August 13, 1969, Wallace entered into the care and treatment of appellee, Dr. Leon Smith. Smith is a practicing ortho dontist in Tarrant County, Texas. During the course of treatment, Smith diagnosed Wallace’s problem and embarked on a method of corrective orthodontics which at trial was alleged to be useless without the benefit of surgery. Surgery was…