Hutchinson v. Wood

Dr. John F. Hutchinson was granted a summary judgment in this medical malpractice suit brought by Irene Wood and her husband, Lewis Wood. The court of appeals held that based upon the pleadings and affidavits of the párties, a genuine fact issue existed, and reversed. However, because the Woods had failed to plead that prior to the filing of suit they had given notice of their claim to Dr. Hutchinson, the court of appeals remanded the cause to the trial court with instructions that it be dismissed without prejudice. 644 S.W.2d 900. Both Dr. Hutchinson and the Woods seek writ of error. We deny…