Texas Supreme Court
Tom L. Nelson, Petitioners v. Edward M. Krusen and Baylor University Medical Center, Respondents
October 17, 198428 Tex. Sup. Ct. J. 31
Summary
The Texas Supreme Court held that article 5.82, section 4 of the Insurance Code is unconstitutional under the open courts provision, thereby allowing the Nelsons' wrongful‑birth claim to proceed, but it declined to recognize a wrongful‑life cause of action for their son. The court reversed the appellate court on the statute‑of‑limitations issue, affirmed the denial of a wrongful‑life claim, and remanded for trial on the parents' claim. Justice Wallace dissented, arguing the majority’s reasoning is inconsistent, while Justices Robertson, Kilgarlin, and Gonzalez filed concurring (and in part dissenting) opinions.