Jerry D. Jennings, M.d., Petitioner v. Mary Barbara Burgess and Her Husband, Jimmie Ross Burgess, Respondents

Summary

The Texas Supreme Court reversed the Court of Appeals and held that the two‑year statutory limitations period bars the Burgesses’ claim against Dr. Jennings for negligent referral. The Court found that the open‑courts provision of the Texas Constitution does not toll the limitations period because the plaintiffs had actual knowledge of the alleged wrongful referral within the statutory period. Accordingly, the trial court’s summary judgment of judgment on limitations was affirmed and the appeal was reversed. Justice Gonzalez concurred, noting the nascent state of the negligent‑referral cause of action.