H.L. Harkey v. Texas Employers Insurance Association.

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals' judgment, holding that the plaintiff's reliance on a physician's advice did not constitute good cause for missing the six‑month filing deadline, that unpleaded issues cannot be tried by implied consent under Rule 67, that Rule 90 does not apply, and that no waiver occurred under Rule 279. The Court explained the applicable procedural rules and rejected the plaintiff's arguments.