Wilkinson v. Clark

OPINION

McDONALD, Chief Justice.

This is an appeal by Plaintiff Wilkinson from a take-nothing judgment in a medical malpractice suit, and involves the application of the “Dead Man’s Statute” (Article 3716 VATS).

Plaintiff sued Dr. Dan H. Clark on July 8, 1974 alleging plaintiff (an A & M student) went to Dr. Clark (the Student Health Center Doctor) with an eye injury on March 26, 1973; and again later; that he thereafter consulted Dr. Brenner a specialist in Ophthalmology, and it was determined plaintiff had a detached retina which was surgically repaired by Dr. Brenner on May 20, 1973.…