Moreno v. Sterling Drug, Inc.

OPINION

SPEARS, Justice.

This case is before us upon certified questions from the United States Court of Appeals for the Fifth Circuit. Pursuant to TEX. CONST, art. V § 3-c, we have jurisdiction to answer the following certified questions:

1. Does the “discovery rule” apply to the Texas Statute of Limitations, TEX. CIV.PRAC. & REM.CODE § 16.003(b), in an action brought pursuant to the Texas Wrongful Death and Survival Statutes, TEX.CIV.PRAC. & REM CODE § 71.001 et seq. and § 71.021, respectively?

2. If the discovery rule does not apply to the Texas Statute of Limitations in wrongful death and…