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YANCY v. UNITED SURGICAL PARTNERS INTERN., INC.

No. 05-0925.

236 S.W.3d 778 (2007)

Eula YANCY, as Guardian of the Person and the Estate of Carletha Yates, an Incapacitated Adult, Petitioner, v. UNITED SURGICAL PARTNERS INTERNATIONAL, INC., Valley View Surgical Center, Inc., and Judith Smith, R.N., Respondents.

Supreme Court of Texas.

Decided October 19, 2007.

Attorney(s) appearing for the Case

Bryce J. Denny, Seabaugh, Benson, Keene & Denny, Shreveport, LA, for Petitioner.

Walter A. Herring, O. Rey Rodriguez, Fulbright & Jaworski L.L.P., Vernon L. Krueger, David M. Walsh IV, Chamblee & Ryan, P.C., Dallas, TX, for Respondents.

Chief Justice JEFFERSON delivered the opinion of the Court.

We must decide whether the two-year statute of limitations found in former article 4590i, section 10.01 of the Texas Revised Civil Statutes1, violates the Texas Constitution's open courts guarantee as applied to an incapacitated plaintiff whose guardian timely filed suit against some defendants but not others. We conclude, contrary to the court of appeals, that the plaintiff presented...

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