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Justice Duncan concurs with the majority's judgment, offering a separate analysis on the application of the statute of limitations. The case involves DeRuy, who discovered her alleged injury after the two-year statute of limitations had passed. Duncan discusses the unconstitutionality of the statute as applied under the open courts provision, referencing Nelson v. Krusen. She critiques various court of appeals decisions regarding what constitutes a 'reasonable time' to file suit, highlighting the lack of definitive guidance from the supreme court. Ultimately, she asserts that declaring the statute unconstitutional does not empower courts to arbitrarily set new limitation periods, but rather that other legal frameworks should determine a 'reasonable period.' Given the defendant Garza's sole reliance on a one-year delay being unreasonable as a matter of law, Justice Duncan concludes that the summary judgment should be reversed and the case remanded for further proceedings.
DeRuy v. Garza is a workers' compensation case decided in Texas Court of Appeals, 4th District (San Antonio). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 4th District (San Antonio).
Full Decision Text1 Pages
Justice Duncan concurs with the majority's judgment, offering a separate analysis on the application of the statute of limitations. The case involves DeRuy, who discovered her alleged injury after the two-year statute of limitations had passed. Duncan discusses the unconstitutionality of the statute as applied under the open courts provision, referencing Nelson v. Krusen. She critiques various court of appeals decisions regarding what constitutes a 'reasonable time' to file suit, highlighting the lack of definitive guidance from the supreme court. Ultimately, she asserts that declaring the statute unconstitutional does not empower courts to arbitrarily set new limitation periods, but rather that other legal frameworks should determine a 'reasonable period.' Given the defendant Garza's sole reliance on a one-year delay being unreasonable as a matter of law, Justice Duncan concludes that the summary judgment should be reversed and the case remanded for further proceedings.
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