SATTERFIELD v. CROWN CORK & SEAL CO., INC.

No. 03-04-00518-CV.

268 S.W.3d 190 (2008)

Rosemarie SATTERFIELD, as Representative of the Estate of Jerrold Braley, Deceased, Appellant, v. CROWN CORK & SEAL COMPANY, INC., Individually and as Successor to Mundet Cork Corporation, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 7, 2008.


Attorney(s) appearing for the Case

Deborah G. Hankinson, Elana S. Einhorn, Law Offices of Deborah Hankinson, P.C., Dallas, Jeffery Mundy, Michael Singley, Mundy & Singley, L.L.P., Austin, for appellant.

Thomas R. Phillips, Baker Botts, L.L.P., Austin, David Lyman Crump, University of Houston Law Center, Kimberly Stuart, Frank G. Harmon III, Crain, Caton & James, P.C., Houston, for appellee.

Before Chief Justice LAW, Justices PATTERSON and HENSON.


OPINION

JAN P. PATTERSON, Justice.

The issue presented is whether a statute that extinguishes a litigant's right to pursue an accrued and pending common law cause of action—without providing a grace period—transcends the legislature's power. Within that context, does the presumption of a statute's constitutionality survive an express prohibition of the Texas Constitution? Appellant Rosemarie...

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