Texas Supreme Court

Rigo Manufacturing Company, Petitioner v. Reginald Thomas, Respondents

July 15, 197013 Tex. Sup. Ct. J. 461

Summary

The Texas Supreme Court affirmed the trial court’s judgment that the Thomas plaintiffs’ survival and wrongful‑death actions against Rigo Manufacturing were barred by the two‑year statute of limitations because the suit was not properly commenced within the statutory period. The Court held that mere filing of a suit does not toll the limitations period; diligent issuance and service of citation is required.