Texas Supreme Court Victory

May 2nd, 2023 By Catherine Hanna

Congratulations to Eric Peabody and David Plaut on their recent 7-1 win in the Texas Supreme Court in Cause No. 21-0513, Ferrer v. Almanza.  In an Opinion by Justice Huddle, the Court held the Texas tolling state – Civil Practice & Remedies Code § 16.063 – did not toll the running of the statute of limitations in a car wreck/personal injury case against a Texas resident who was away at college for a significant part of the applicable limitations period.  The case resolved a split in Texas appellate courts on the issue and holds “absence” from the state for tolling purposes turns on the question of whether the resident defendant is subject to service of process while out of state.  The decision is consistent with federal “minimum contacts” analysis and in line with the vast majority of other states.  The Majority and Dissenting Opinions can be found here.