Pearson v. K-Mart Corp.

OPINION

BISSETT, Justice (Assigned).

This an appeal from the trial court’s order dismissing the action because of a lack of subject matter jurisdiction. Pauletta Pearson, appellant, hereafter “Pearson,” is the guardian of the person and estate of Ernest Ramos. Ramos was rendered incompetent when a steel rolling gate fell from its tracks and struck him in the head at a K-Mart store in El Paso. Pearson filed suit on August 31, 1987 for damages as a result of the physical and mental injuries that Ramos sustained. Suit was filed in Probate Court No. 3, Harris County, Texas, where Ramos’…