(Download) "Tom Watson Weaver v. Dr. Raymond Witt" by Supreme Court of Texas No. B-6923 * eBook PDF Kindle ePub Free
eBook details
- Title: Tom Watson Weaver v. Dr. Raymond Witt
- Author : Supreme Court of Texas No. B-6923
- Release Date : January 16, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is a malpractice case involving an alleged negligent surgical operation. Dr. Raymond Witt performed a hemorrhoidectomy on Tom Weaver on February 1, 1971. In this action for damages, it was alleged that the operation was performed negligently by Dr. Witt in that the nerves and muscles in Weaver's rectum were damaged, causing him to lose control of his bowels. Weaver's suit was not filed until January 16, 1976, and, to avoid the bar of the two year statute of limitations, Weaver alleged that Dr. Witt fraudulently concealed the cause of the injury and that it was not until June 1975 that Weaver discovered his injury was the result of Dr. Witt's alleged negligent surgical performance. The district court rendered summary judgment for Dr. Witt. The Court of Civil Appeals affirmed. 552 S.W.2d 565. The appellate court held that both fraudulent concealment and the discovery rule were affirmative defenses to the statute of limitations with the burden on plaintiff to produce proof raising issues of fact as to the existence of each. Since Weaver failed to produce any summary judgment proof, it was concluded that summary judgment for Dr. Witt was proper.
 "Tom Watson Weaver v. Dr. Raymond Witt" by Supreme Court of Texas No. B-6923 * eBook PDF Kindle ePub Free){kind=link}