Marc H. Nathan v. Stephen Whittington

We must decide in this case whether a statute that “suspends the running” of a “statute of limitations” applies to a statute of repose that otherwise “extinguishes” the plaintiffs cause of action. The trial court held that it does not and granted the defendant’s motion for summary judgment. The court of appeals, with one justice dissenting, held that it does and reversed. We hold that the suspension statute does not apply to a statute of repose, so we reverse the judgment of the court of appeals and reinstate the trial court’s summary judgment.

Stephen Whittington initially filed suit in…