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Bradford v. Sullivan

Supreme Court of Texas
Jan 23, 1985
683 S.W.2d 697 (Tex. 1985)

Summary

reversing and remanding summary judgment when plaintiff filed suit 11 months after discovering injury

Summary of this case from Thompson v. Pate

Opinion

No. C-2830.

January 23, 1985.

Willie E. Phillips, Jr., Irvins, John E. Collins, Dallas, for petitioners.

Cantey, Hanger, Gooch, Munn Collins, Stephen L. Tatum and Rod Patterson, Wynn, Brown, Mack, Renfro Thompson, Tom Renfro and John F. Gillespie, Fort Worth, for respondents.


This is a medical malpractice suit. On November 1, 1980, Mrs. Bradford discovered a sponge apparently left during surgery in 1975. Suit was filed on October 5, 1981. The trial court rendered summary judgment for defendants, based on art. 5.82, sec. 4 of the Insurance Code. The court of appeals affirmed in an unpublished opinion. Pursuant to Rule 483, we grant the application for writ of error and without hearing oral argument, and in accordance with this court's decision in Nelson v. Krusen, 678 S.W.2d 918 (Tex. 1984), we reverse and remand this cause to the trial court.


Summaries of

Bradford v. Sullivan

Supreme Court of Texas
Jan 23, 1985
683 S.W.2d 697 (Tex. 1985)

reversing and remanding summary judgment when plaintiff filed suit 11 months after discovering injury

Summary of this case from Thompson v. Pate

reversing and remanding summary judgment when plaintiff filed suit 11 months after discovering injury

Summary of this case from Gagnier v. Wichelhaus

reversing and remanding summary judgment where plaintiff filed suit eleven months after discovering injury

Summary of this case from DeRuy v. Garza

In Bradford v. Sullivan, 683 S.W.2d 697 (Tex. 1985) (per curiam), we reversed a summary judgment in a sponge case that had been granted on limitations grounds, but we gave lew details about the discovery of the sponge.

Summary of this case from Walters v. Cleveland Regional Medical Center
Case details for

Bradford v. Sullivan

Case Details

Full title:Ruby BRADFORD and A.L. Bradford, Petitioners, v. George H. SULLIVAN and…

Court:Supreme Court of Texas

Date published: Jan 23, 1985

Citations

683 S.W.2d 697 (Tex. 1985)

Citing Cases

DeRuy v. Garza

See Hall v. Dow Corning Corp., 114 F.3d 73, 77 (5th Cir. 1997) (applying Texas law to find fifteen month…

Walters v. Cleveland Regional Medical Center

Id. at 578. In Bradford v. Sullivan, 683 S.W.2d 697 (Tex. 1985) (per curiam), we reversed a summary judgment…