Eula Yancy, as Guardian of the Person and the Estate of Carletha Yates, an Incapacitated Adult, Petitioner, V…

Summary

The Texas Supreme Court held that the two‑year limitations period in former article 4590i, §10.01 does not violate the Texas Constitution’s open courts guarantee when applied to an incapacitated plaintiff. Although the Court found the plaintiff’s summary‑judgment evidence of continuous mental incapacity competent, it concluded that the plaintiff bore the burden to raise a fact issue and failed to do so, so the statute remains constitutional as applied. The Court affirmed the Court of Appeals’ judgment.