Texas Supreme Court
Tom Watson Weaver, Petitioner v. Raymond Witt, Respondent
November 16, 197721 Tex. Sup. Ct. J. 68
Summary
The Texas Supreme Court reversed the lower courts' summary judgment rulings, holding that fraudulent concealment and the discovery rule are affirmative defenses to the statute of limitations that place the burden on the plaintiff, and that the district court erred in granting summary judgment without proof negating the discovery rule. The case was remanded for trial on the merits.