Texas Supreme Court
American Petrofina, Inc., Petitioners v. Russell H. Allen Respondents
February 2, 199437 Tex. Sup. Ct. J. 481
Summary
The Texas Supreme Court held that fraudulent concealment is an affirmative defense to a statute‑of‑limitations claim and that the party asserting it must produce evidence sufficient to raise a genuine issue of fact; a mere pleading is insufficient. The Court also held that when a plaintiff omits a party from an amended pleading, the burden is on the defendant to object, and if the claim can relate back under Tex.Civ.Prac. & Rem.Code Ann. §16.068, the limitation period does not bar the claim, reversing summary judgment for two plaintiffs and affirming it for the others.