Russell v. Ingersoll-Rand Co.

OPINION

HECHT, Justice.

If an individual’s action for personal injuries would have been barred by limitations *344at the time of his death, are actions based upon the same wrongful conduct, brought by his heirs, legal representatives or estate under the Survival Statute, Tex.Civ.Prac. & Rem.Code § 71.021, and by his beneficiaries under the Wrongful Death Statute, Tex. Civ.Prac. & Rem.Code §§ 71.001-011, also barred by limitations? Both the district court and the court of appeals answered this question affirmatively. 795 S.W.2d 243. We agree.

I

In 1981, Donnon Russell was diagnosed as suffering from…