Gary Dale Kirkpatrick v. Mrs. D. M. Hurst

This suit for personal injuries sustained in an automobile collision was brought in the name of Mrs. D. M. Hurst without the joinder of her husband. The collision occurred on December 16, 1967, and the injuries to Mrs. Hurst were alleged to have been proximately caused by the negligence of Gary Dale Kirkpatrick, petitioner here. The suit was filed on January 2, 1970, and, among other matters, Kirkpatrick pleaded in defense the two-year statute of limitations, Art. 5526, Vernons Ann.Civ.Stat. In a trial to a jury, there were findings of primary negligence against Kirkpatrick and of contributory negligence against Mrs. Hurst. The trial court granted the motion of Mrs. Hurst for judgment notwithstanding the verdict after overruling Kirkpatricks plea of limitation. The court of civil appeals sustained the ruling on limitation but found error otherwise and reversed and remanded. 472 S.W.2d 295. We hold that the suit of Mrs. Hurst was barred and so reverse the judgments below and render judgment for petitioner Kirkpatrick.