Ashley v. Hawkins

In this case, we consider whether section 16.063 of the Texas Civil Practice and Remedies Code tolls the limitations period when a defendant leaves Texas following a motor vehicle collision, but is otherwise amenable to out-of-state service. We hold, consistent with our recent decision in Kerlin v. Sauceda, 263 S.W.3d 920 (Tex.2008), that section 16.063 does not apply in these circumstances, and we also overrule our decision in Vaughn v. Deitz, 430 S.W.2d 487 (Tex.1968). We, therefore, reverse the court of appeals’ judgment and reinstate the trial court’s grant of summary judgment.

I

On May 31,…