Betty Parr Russell

Summary

The Texas Supreme Court affirmed that both the survival action and the wrongful death action filed by Russell's widow and children are barred by the statute of limitations because the decedent's own personal injury claims would have been time‑barred at his death. The Court held that wrongful death claims are derivative of the decedent's rights and therefore subject to the same limitations defenses. The decision was accompanied by a concurring‑dissenting opinion and a concurrence‑in‑part dissent that disagreed with the majority's treatment of the wrongful death claim.