Waters Ex Rel. Walton v. Del-Ky, Inc.

OPINION

BAKER, Justice.

Ruby Mae Waters brought a survivor-ship action against Del-Ky, Inc., d/b/a Sunnyvale Manor, for her deceased brother, Will Walton. Based upon Sunnyvale’s affirmative defense of limitations, the trial court granted Sunnyvale summary judgment on all of Waters’s claims. Waters contends the trial court erred in granting Sunnyvale a summary judgment because Sunnyvale did not conclusively establish its limitations defense and did not negate her elaims of the application of various tolling statutes. Waters also contends the four-year rather than the two-year statute of…