Ray v. O'NEAL

OPINION

CAYCE, Chief Justice.

Sharon and Dorothy Ray appeal from a take-nothing summary judgment on their claim for personal injuries sustained' in an automobile accident with James M. O’Neal. In two points of error, the Rays argue that summary judgment was improper because fact issues exist concerning whether O’Neal was absent from Texas a sufficient length of time to toll the applicable statute of limitations, and whether the Rays exercised due diligence in attempting to obtain service of process on O’Neal. We sustain both points of error and reverse and remand the case for trial.

The…