Jennings v. Burgess

March 7, 1996 On Application for Writ of Error to the Court of Appeals for the Fifth District of Texas Argued on December 5, 1995 Justice Baker delivered the opinion of the court in which Chief Justice Phillips, Justices Hecht, Cornyn, Enoch, Spector, Owen and Abbott join. Justice Gonzalez concurring. This is a medical malpractice case. Mary and Jimmie Burgess sued Dr. Jerry D. Jennings, Dr. A. Bryant Manning and two health insurance companies for negligent treatment of a basal cell carcinoma. The trial court granted Jennings a summary judgement based on limitations grounds. The trial court severed the Burgesses' claim against Jennings from their claims against the other defendants, and the Burgesses appealed the unfavorable summary judgment.