Jerry P. Childs and Childs & Bishop, Inc., Petitioners v. Joseph Haussecker and Gail Haussecker, Respondents…

Summary

The Texas Supreme Court adopted a new formulation of the discovery rule for latent occupational disease cases, holding that a cause of action accrues when a plaintiff's symptoms are sufficiently serious to put a reasonable person on notice of injury and the plaintiff knows, or through reasonable diligence should have known, that the injury is likely work‑related. Applying that rule, the Court found summary judgment improper in both the Haussecker and Martinez cases and affirmed the appellate courts' decisions.