Martin v. Durden

OPINION

LEE, Justice.

Appellants, Brandy and Jason Martin, appeal from a summary judgment in favor of appellee, John Durden, D.O., in a medical malpractice action. In their sole point of error, appellants claim the trial court erred in granting appellee’s motion for summary judgment. We reverse and remand for a trial on the merits.

Background

On the evening of January 21, 1993, Mrs. Martin developed stomach pains while doing sit-ups. At 3:00 p.m., on January 22, 1993, Mrs. Martin went to the emergency room at Huntsville Memorial Hospital complaining of abdominal pains. Dr. Durden, an emergency…