Texas Supreme Court

Carl Burns, Petitioner v. Larriet Thomas, Respondent

March 28, 199033 Tex. Sup. Ct. J. 353

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded, holding that the discovery rule applies to both legal malpractice and DTPA claims and that the defendant bears the burden of proving, as a matter of law, that the plaintiff could not have discovered the injury, rendering the summary judgment improper.