HOUSTON – Texas' 14th Court of Appeals overruled Christina Molina's appeal of a summary judgment in favor of John Gears, Robert Morin and All-Star Tire Co. in a personal injury case where the parties were involved in a car accident.
The court ruled that because Molina neither achieved service on Gears, nor added Morin and his company, All Star Tires Inc., during the applicable statute of limitations period, she did not "exercise due diligence in effecting service after limitations expired," thereby warranting a judgment in favor of the appellees.
Molina argued four primary points against the 295th District Court of Harris County's summary judgment. First, the court erred in its initial decision. Second, the court abused its discretion by disallowing Molina's motion to file a late response to Gears' summary judgment motion. Third, the trial court failed to consider the out-of-state tolling rule. Fourth, Molina argued there are genuine issues of material fact about the case.
According to the opinion, the auto accident happened on Nov. 8, 2011. But, Molina did not file her service by attorney pickup against Gears until two years later on Oct. 17, 2013. Her attorney, Jon Manning, claims that Gears was served nearly a year later on Sept. 22, 2014.
The court noted in its opinion that the statute of limitations for Molina to serve Gears expired Nov. 8, 2013, thus leading it to conclude that Molina "failed to exercise due diligence as a matter of law."
It further argued that even if Molina's service did not establish a lack of due diligence on its own, she did not seek "more effective alternatives, such as substituted service," against Gears for more than a year.
Under Texas law, a plaintiff seeking damages for injury must "bring suit for personal injury within two years from the date the cause of action accrues."
Justice Kevin Jewell gave the opinion of the court on March 20. Judges Tracy Christopher and John Donovan comprised the panel.