# Gaddis v. Smith

> Texas Supreme Court · July 5, 1967 · 417 S.W.2d 577

URL: https://www.frixlaw.com/law-library/cases/9769993

## Case

- **Full name:** Dorothy GADDIS Et Vir, Petitioners, v. William C. SMITH Et Al., Respondents
- **Court:** Texas Supreme Court
- **Decided:** July 5, 1967
- **Citations:** 417 S.W.2d 577
- **Precedential status:** Published
- **Opinion:** Dissent by Walker
- **Judges:** Hamilton, Griffin, Walker
- **Cited by:** 234 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Limited by Robinson v. Weaver, 20 Tex. Sup. Ct. J. 262 (1977).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9769993

## How later opinions describe it (automated extraction)

- stating cause of action for negligently leaving sponge in patient’s body accrues when patient learns of or through diligence should have learned of presence of foreign object in body

## Opinion text

DISSENTING OPINION
WALKER, Justice.
I respectfully dissent. Although petitioner did not know it, she undoubtedly had a cause of action from the moment the foreign object was left in her body. The courts in Carrell v. Denton, 138 Tex. 145 , 157 S.W.2d 878 , and Stewart v. Janes, Tex. Civ.App., 393 S.W.2d 428 (wr. ref.), simply held that the cause of action accrued when it did accrue and then gave effect to the plain provisions of Article 5526. This approach produces harsh results in some instances, but the statute is not ambiguous and its application to the facts of this case *584 has been squarely and repeatedly decided in a manner that seems to carry out the legislative intent as reflected by the terms of the act. In my opinion that should put the matter at rest as far as the courts are concerned. It is then for the Legislature to determine whether and how the statute is to be amended to take care of special hardship cases. Until the Legislature directs otherwise, therefore, I would adhere to the rule laid down in Carrell and Stewart.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9769993. Public record. Not legal advice.