Peek v. Equipment Service Co. of San Antonio

OPINION

PHILLIPS, Chief Justice.

These cases present the question of whether a plaintiff seeking damages under the wrongful death and survival statutes invokes the jurisdiction of a district court by filing a petition which fails to allege either a specific amount of damages or that the damages sustained exceed the court’s minimum jurisdictional limits. The district court held that its jurisdiction was not invoked by such a pleading. Because plaintiffs did not file a pleading properly alleg ing damages until after the applicable statute of limitations had run, the district court dismissed the…