Utts v. Short

On rehearing, my opinion of February 28, 2002 is withdrawn, and the following is substituted in its place.

This case has been pending before this Court for more than three years. After issuing opinions, granting rehearing (twice), withdrawing the original opinions, and issuing new ones, a majority of the Court is still unable to agree on what “the claimant” means in Chapter 33 of the Texas Civil Practice and Remedies Code when family members sue as derivative plaintiffs to recover for the injury or death of another family member and one or more settle and withdraw from the suit before trial.…