THE FOURTH COURT OF CIVIL APPEALS, SAN ANTONIO No. 16444 March 4, 1981 JANICE ALLBEE, APPELLANT v. P. L. DAY, M. D. , APPELLEE Appeal from Bexar County COUNSEL For Appellant: Bill Zook - Austin, TX For Appellee: Jerry Gibson - San Antonio, TX Author: Cadena Carlos C. Cadena, Chief Justice This is a medical malpractice suit in which plaintiff, Janice Allbee, Appeals from a summary judgment in favor of defendant, P. L. Day, M. D. The summary judgment is based on the ground that plaintiff's cause of action is barred by the two-year statute of limitations. Plaintiff sustained an on-the-job injury, compensable under our Worker's Compensation Statutes, on March 25, 1972. Although the injury occurred in March 1972, plaintiff did not file her claim for compensation until June 8, 1973. In Campbell, the suit against the third party was filed almost five years after the injury to the employee.

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