Yancy v. United Surgical Partners International

In this medical malpractice case, the trial court granted summary judgment in favor of United Surgical Partners International, Inc., Valley View Surgical Center, Inc., and Judith Smith, R.N. on the ground that the claims against them had been filed outside the limitations period. Eula Yancy, as the guardian of the person and the estate of Carletha Yates, appeals the trial courts judgment contending the statute of limitations governing Yatess claims is unconstitutional as applied to her. Specifically, Yancy argues the statute of limitations violates the "open courts" provision of the Texas Constitution because Yates has been mentally incapacitated continuously since the incident from which her claims arose. After reviewing the summary judgment record, we conclude the trial court properly granted summary judgment in favor of United, Valley View, and Smith because Yancy did not present any competent summary judgment evidence in response to the defendants motion for summary judgment to create a fact issue about Yatess alleged continuous mental incapacity. We affirm the trial courts judgment.