Brandon Rees Secures Summary Judgment in Case Involving Traffic Collision

Statute of Limitations and Damages

The case began in June 2020 when the Plaintiff was involved in a hit-and-run motor-vehicle accident and sustained personal injuries. The Plaintiff alleged he had no idea who hit him until a former employee of the Defendant reached out to him in the summer of 2023 alleging that a current employee confessed to the accident. Using the witness affidavit, the Plaintiff sued the Defendant and its employee in August 2023 for fraudulent concealment, in addition to negligence and gross negligence.

Under Texas law, Plaintiff had until June 12, 2022 to file suit as the statute of limitations for a personal injury case is two years. However, the Plaintiff argued that fraudulent concealment is the reason for filing his suit after the statute of limitations (SOL) ran out.

In Exxon v. Emerald Oil & Gas, the Texas Supreme Court held the SOL begins to run the moment the Plaintiff knows they have sustained damages, not when they figure out who they should sue. Here, the Plaintiff knew he sustained injuries on the date of the accident because he was taken to the hospital. Thus, the SOL began to run at that moment. Defendants further argued the “Sham Affidavit Rule” should apply to the former employee’s affidavit.

The case was dismissed based on the statute of limitations and the court found that there was no fraudulent concealment.