Frank v. Bradshaw

OPINION

HUTSON-DUNN, Justice.

This is a suit to recover damages for injuries sustained in an automobile collision. The trial court entered a summary judgment for the defendants, Ruby and Stanley Dean Bradshaw, on the ground that the cause of action was barred by limitations. The plaintiffs, Gene and Betty Jo Frank, argue in a single point of error that the trial court erred in granting the Bradshaws’ summary judgment because they raised a fact issue regarding each element of the affirmative defense of estoppel. We reverse and remand.

On September 16, 1988, the Franks’ car was struck from behind…