Nichols v. Smith

WALKER, Justice.

The opinion delivered in this case on October 31, 1973, is withdrawn, and the following is substituted therefor:

This is a medical malpractice case. Mrs. Geneva Nichols, joined by her husband, petitioners, sued Dr. Jack C. Smith, respondent, for injuries she allegedly sustained during an operation performed by Dr. Smith on June 27, 1966. Petitioners’ original petition was filed on August 5, 1970, and the trial court granted respondent’s motion for summary judgment on the ground that the suit was barred by the two-year statute of limitations. Article 5526, Vernon’s…