Texas Court of Appeals, 14th District (Houston) October 23, 1997, 14-96-979-CV (Martin v. Durden)

OPINION

LEE, Justice.

Appellants, Brandy and Jason Martin, appeal from a summary judgment in favor of appellee, John Durden, D.O., in a medical malpractice action. In their sole point of error, appellants claim the trial court erred in granting appellee’s motion for summary judgment. We reverse and remand for a trial on the merits.

Background

On the evening of January 21, 1993, Mrs.