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Woodruff v. Wright

The renaming of all the plaintiffs and the reassertion of their claims was not timebarred, because the defendants were not harmed and the appellants adequately showed that the omission of the plaintiffs from the pleadings was inadvertent.

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Justice Ross

OPINION

This is an appeal from two take-nothing summary judgments. The appellants are: Ronny Woodruff and Deronda Woodruff; Cecil Pat Davis, individually and as next friend of Jennie Mae Davis, deceased, and Clarence Gene Davis, individually and as executor of the estate of Jennie Mae Davis, deceased; Ollie Ruth Lindsey; Ella Wilkerson, individually and as executrix of the estate of Rovis Leon Wilkerson, deceased, and Michael Wilkerson, individually and as next friend of Rovis Leon Wilkerson, deceased; and Jessie Ivey and Julia Ivey. They were plaintiffs who brought a medical malpractice suit against three surgeons: James O. Wright, III, M.D., Fred S. Stockinger, M.D., and Gregory R. Hodson, M.D. At the request of the defendants, the case was divided for multiple trials on the separate claims of the various plaintiffs. The trial court dismissed the case based on limitations as to all plaintiffs and also based on a no-evidence motion for summary judgment against the Davis plaintiffs.

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