Catterson v. Martin
2 S.W.3d 249, 42 Tex. Sup. Ct. J. 778, 1999 Tex. LEXIS 61, 1999 WL 374147
This text of 2 S.W.3d 249 (Catterson v. Martin) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Catterson v. Martin, 2 S.W.3d 249, 42 Tex. Sup. Ct. J. 778, 1999 Tex. LEXIS 61, 1999 WL 374147 (Tex. 1999).
Opinion
In determining that the Texas Constitution’s open courts provision protects the Martins’ wrongful death and survivorship claims from the bar of limitations, the court of appeals stated:
Transformation of the common-law claims to statutory claims because of Donald Martin’s death does not suddenly end their protection under the open courts doctrine. Though the claims are now statutory, they were not statutory when the negligence occurred, when the suit was filed, or at any time before Mr. Martin died. Because the claims were cognizable common-law causes of action when filed and at all times before Mr. Martin died, we hold that the open courts doctrine applies and these claims are not barred by limitations.
981 S.W.2d 222, 226. In denying Dr. Alan Catterson and Kelsey-Seybold Clime’s petition for review, we neither approve nor disapprove of this language in the court of appeals’ opinion.
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Related
Martin v. Catterson
981 S.W.2d 222 (Court of Appeals of Texas, 1998)
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Bluebook (online)
2 S.W.3d 249, 42 Tex. Sup. Ct. J. 778, 1999 Tex. LEXIS 61, 1999 WL 374147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catterson-v-martin-tex-1999.