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Walters v. Cleveland Regional Medical Center

Tangie Walters failed to establish a fact issue that she did not have a reasonable opportunity to discover her injuries and file suit before the limitations period expired; thus, she did not meet her burden of establishing the applicability of the Texas Constitution�s open courts guarantee. Houston�s 1st Court of Appeals, No. 01-06-01068-CV.

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OPINION

Tangie Walters, appellant, appeals the trial court’s grant of Cleveland Regional Medical Center and Shirley Kiefer’s (collectively “Cleveland”) and Keith Spooner, M.D.’s motions for summary judgment. Walters argues that she alleged and offered evidence that the medical malpractice statute of limitations cut off her claim before she knew or reasonably should have known of her injury, in contravention of the open courts guarantee of the Texas Constitution. Tex. Const. art. I, � 13. She also asserts that Cleveland and Spooner failed to establish conclusively that there was no genuine issue of material fact that she should have discovered her injury and filed suit within the limitations period. We affirm.

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